Melbourne DUI Defense Lawyer

Helping Drivers Fight DUI Charges Across Brevard County

At Steven G. Casanova, P.A., we know what is at stake after an arrest for driving under the influence (DUI). As such, we work to the fullest extent of our professional and ethical abilities to secure a satisfactory outcome for each client. The law can be unforgiving, and the legal system can often feel impersonal and isolating. We can protect your rights during this time so you can move on after a run-in with the law. We know exactly what is needed to create a compelling, creative, and effective defense strategy. No matter how complex your case may be, know that you have protection under the law. No amount of evidence can take away your right to have an experienced criminal defense lawyer who understands the unique challenges of a DUI charge at your side.

What penalties could I be facing?

As in many states, Florida prosecutors are determined to penalize convicted DUI offenders harshly to eradicate unwanted behaviors that pose a risk to the public. While law enforcement may be doing their best to keep the roads safe, many individuals have been wrongfully arrested or penalized unfairly. Understanding the specific penalties and consequences of a DUI conviction in Florida is essential for anyone facing such charges.

Immediate Consequences

• Arrest and booking: After a DUI arrest, you will be taken into custody, booked, and may spend time in jail before being released on bail.
• Administrative suspension: Regardless of the outcome of your criminal case, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) may impose an administrative suspension on your driver's license.

Legal Penalties

First offense: A first-time DUI conviction carries several penalties that can significantly impact your life. These include:

• Fines: First-time fines can range from $500 to $1,000. If your Blood Alcohol Content (BAC) is over 0.15% or if a minor is in the vehicle, fines can increase to between $1,000 and $2,000.
• Imprisonment: From 6 months up to 9 months if the BAC is over 0.15% or if a minor is in the vehicle
• License suspension: Minimum of 180 days and up to 1 year
• Probation: Up to 1 year with mandatory DUI school and community service requirements
• Vehicle impoundment: Mandatory 10-day vehicle impoundment

Second offense: A second DUI offense brings harsher consequences, especially if it occurs within five years of the first. The penalties include: 

• Fines: Ranging from $1,000 to $2,000. For BAC over 0.15% or if a minor is in the vehicle, fines can reach $2,000 to $4,000
• Imprisonment: Up to 9 months. If within five years of the first offense, a minimum of 10 days in jail with at least 48 hours of consecutive confinement
• License suspension: Minimum of 5 years if within five years of the first offense (hardship reinstatement possible after one year)
• Probation and DUI school: Mandatory continued education and potential treatment programs
• Vehicle impoundment: 30 days for a second offense within five years

Third offense: A third DUI offense within 10 years brings severe penalties, reflecting the seriousness of repeated offenses. These include:

• Fines: Between $2,000 and $5,000. With BAC over 0.15% or if a minor is in the vehicle, no less than $4,000
• Imprisonment: Up to 12 months. If within 10 years of prior convictions, imprisonment of no less than 30 days with at least 48 hours of consecutive confinement
• License suspension: Minimum of 10 years (hardship reinstatement possible after two years)
• Vehicle impoundment: 90 days if within 10 years of the previous offenses

Fourth or subsequent offense: Multiple DUI offenses result in the most severe penalties possible. They include:

• Fines: No less than $2,000
• Imprisonment: Up to 5 years as a habitual/violent offender
• Permanent license revocation: No eligibility for hardship reinstatement

Long-Term Consequences

Beyond immediate legal repercussions, DUI convictions can have enduring effects on various aspects of your life:

• Criminal record: A DUI conviction remains on your criminal record permanently, potentially affecting employment opportunities, housing, and more
• Increased insurance rates: Expect significantly higher auto insurance premiums.
• Financial burden: Costs associated with fines, legal fees, DUI school, substance abuse courses, and potential loss of income
• Impact on personal life: Strained personal relationships and community stigma

If we are able to determine that a sobriety test yielded inaccurate results, or if an officer violated a search and seizure regulation, we can file a motion to suppress evidence against you. Our tireless approach to defending the accused has helped our clients secure favorable outcomes where other attorneys have failed.

Call Our Melbourne DUI Defense Lawyer After an Arrest

Without the right representation on your side, a DUI conviction can be a very real possibility. Even if you failed or rejected a sobriety test, do not assume that you will be convicted of DUI. Attorney Casanova is a certified breath test maintenance technician and a certified Intoxilyzer 5000 operator. He knows how to challenge any evidence that has been gathered against you, review police reports, and refute evidence presented by the prosecution.