First DUI
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First DUI

Are you facing a Driving Under the Influence charge for the first time in Brevard County, Florida? Melbourne’s DUI attorneys represent clients throughout Brevard County area, including Cocoa, Melbourne Beach, Malabar, West Melbourne, Palm Shores, Titusville, Grant-Valkaria, Indialantic, Rockledge, Indian Harbor Beach, Palm Bay, Melbourne, Cocoa Beach, Melbourne Village, Satellite Beach, and Cape Canaveral.

Our attorneys understand for first-time offenders being charged with a DUI can be a stressful experience. For many individuals a DUI charge may be their first experience with Florida’s criminal justice system; if that is the case, the Law Offices of Germain & McCarthy, LLC will certainly use that as a tactic to defend you.

Melbourne Defense Attorney for First DUI

Our experienced Melbourne DUI attorneys are dedicated to striving to obtain the best possible outcome for your case. At the Law Offices of Germain & McCarthy, LLC, we are prepared for anything that may occur in court; we will challenge the prosecution aggressively on your behalf.


Two Types of DUI Charges

According to The State of Florida DUI law, you may be convicted of a DUI if:

  • Your blood or breath alcohol content (BAC) is above .08%, although you may not necessarily appear to be impaired; or
  • Your BAC is below .08% (or unknown if you refused chemical testing) but the DUI officer concluded that your "normal faculties are impaired" due to alcohol intoxication or impairment due to the consumption of a controlled substances.

Individuals arrested for DUI’s will be released only if they meet the State’s specific conditions for release. The DUI offender must no longer be under the influence and faculties must be back to normal conditions. Blood and breath alcohol content levels must be lower than 0.05 or a time span of eight hours from the time of the arrest must elapse.


Possible Penalties for First-time DUI Convictions under Florida Law

  • Imprisonment:

Most individuals charged with a first misdemeanor DUI in Brevard County and the surrounding areas who resolve their case short of a trial do not face any additional jail time. In other cases, the court may allow the individual to serve any imprisonment portion of the sentence with confinement in an alcoholism or drug abuse treatment program. Under Florida law, first-time offenders face a maximum sentence of not more than 6 months unless their blood or breath alcohol content level is 0.15 or higher, which will enhance the confinement terms to no more than 9 months.

  • Fines:

The State of Florida fines for first-time DUI charges, if convicted, will be between $500.00 to $1,000.00. In cases when a offenders blood or breath alcohol content level is 0.15 or higher, or when a minor is in the automobile, fines will amount to $1,000 to $2,000 or more.

  • Community Service:

When convicted of a DUI for the first time, there may be a mandated requirement of 50 hours of community service or additional fees of $10 per hour of community service required if the court allows the individual to "buy out" any portion of the community service.

  • Probation:

If your sentencing includes of probation, probation terms for first-time DUI convictions may not exceed 1 year.

  • Immobilization:

First-time DUI offender’s automobiles may be immobilized for 10 days unless the family of the defendant has no other form of transportation.

  • Driver's License Revocation:

If convicted of a DUI for the first time, the offender’s driver's license may be revoked for a minimum of 180 days or a maximum of 1 year.

  • Reinstatements:

If you need your driver’s license reinstated for business or employment related purposes, first-time offenders must complete a DUI school program and apply for a hearing for possible hardship reinstatement. Offenders whose blood or breath alcohol level was 0.15 or more at the time of arrest will be required to have an ignition interlock device for up to 6 months.

  • DUI School Requirements:

First-time DUI offenders will not be re-licensed to drive until completion of DUI School in Brevard County, Florida. If you enroll in DUI School and your driver’s license is reinstated after your revocation period expires and you fail to complete the DUI School program within 90 days after reinstatement, your license will be canceled; you will not be re-licensed until DUI School is finalized.


Law Offices of Germain & McCarthy, LLC | Brevard County DUI Attorney

If you are located in Brevard County, Volusia County, Seminole County, Osceola County, Indian River County or Orange County and you are in need of a DUI lawyer, let our DUI attorneys represent you for your first impaired driving offense. The  Law Offices of Germain & McCarthy, LLC DUI attorneys will evaluate the arresting law enforcement officer's procedure and the results of any field sobriety and chemical tests.

Call a DUI defense attorney in Melbourne, FL to discuss yours. Our extensive background knowledge in dealing with the State of Florida DUI laws will be beneficial in our approach to clear your name and get you the best possible result. Provide us with the specific details of your situation by calling us today at (321) 253-3447.

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Law Offices of Germain & McCarthy, LLC
2715 North Harbor City Blvd, Ste 4 Melbourne, FL 32935
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The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until after an attorney-client relationship has been established.
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