Driving Under the Influence (DUI)
If you have been arrested for DUI in Brevard County, then contact a criminal defense attorney with the Law Offices of Germain & McCarthy to discuss how we can help you fight the criminal charges. Our offices are located in Melbourne, FL. Mark Germain and Bryan McCarthy focus on drunk driving defense in Melbourne in Brevard County and the surrounding areas.
Lawyers for DUI Defense in Melbourne, FL
Contact our office today at (321) 253-3447 to obtain a free consultation. Drunk driving cases require special attention within the first ten days after your arrest to protect your driver’s license. Hiring an attorney early in your case is important to protect all avenues of attack in the criminal case.
After the consultation, if you retain our DUI attorneys they will analyze the details of your case and assert appropriate defenses.The attorneys at the Law Offices of Germain & McCarthy represent and defends clients with DUI cases involving:
- First Offense for DUI
- Second Offense for DUI
- Third Offense for DUI
- Fourth Offense for DUI
- Misdemeanor DUI with Property Damage
- Felony DUI with Serious Bodily Injury
- Felony DUI Vehicular Manslaughter
The goal of our experienced Melbourne DUI attorneys will be to obtain the best possible outcome for your case. There may be an alternative to a criminal conviction through a DUI diversion program.
At the Law Offices of Germain & McCarthy, we are prepared to file all viable motions to dismiss and motions to suppress. Our attorneys will challenge the prosecution aggressively on your behalf.
Our Melbourne criminal defense attorneys represent clients throughout the Brevard County area, including Cocoa, Cocoa Beach, Cape Canaveral, Grant-Valkaria, Indialantic, Indian Harbor Beach, Malabar, Melbourne Beach, Melbourne Village, Melbourne, Palm Shores, Palm Bay, Rockledge, Satellite Beach, Titusville, and West Melbourne.
Drunk Driving / DUI Information Center
- Florida’s DUI Laws
- The Types of Evidence Gathered in a DUI Case
- After a DUI Arrest, You Face Two Types of Actions
- Enhanced Punishments for Subsequent Cases
Because of Florida’s DUI statistics, the State’s stringent DUI laws are intended to pertinently punish individuals convicted of driving under the influence of alcohol or controlled substances while discouraging repeat offenses. State law allows law enforcement officers to arrest drivers for DUI under two conditions:
- Your blood alcohol content (BAC) is above .08%, although you may not necessarily appear to be impaired; or
- Your BAC is below .08% but the DUI officer determined that your “normal faculties are impaired” by alcohol or controlled substances.
In order to gather evidence against you, the arresting officer has been trained to do the following:
- Breath Test – Convince you to submit to a breath test on the breathalyzer machine used in Brevard County and throughout Florida called the Intoxilyzer 8000 which is manufactured by a company called CMI, Inc., in Kentucky. We can find out information about the breath test machine that you were tested on including “COBRA” data showing how much breath you blew during each sample, records related to the calibration and repair of the machine, and data showing how the machine performed during routine monthly and annual inspections. In fact, information about every breath sample given in the State of Florida is published on the FDLE website. Understanding how that information can be used to defend your case is critical.
- Urine Test – Even if you blow below the legal limit, the DUI officer is trained to then ask you to submit to a urine test in order to gather evidence that you have a prescription or over-the-counter medication in your system, or that you have some illegal substance such as marijuana or cocaine in your system.
- Blood Test – After an accident, the DUI officer is trained to ask you to submit to a blood test. In some cases, the arresting officer may also obtain blood taken in the hospital by a health care professional. Although blood test are the most accurate way to measure alcohol or drugs in your system, these cases are often the most difficult for the prosecutor because of the predicate that must be laid in these cases through expert testimony.
- Refusal – If the officer asks that you submit to either a breath, blood or urine test and you decline that invitation, the officers is trained to gather evidence showing that your refusal resulted because you are “conscience of your guilt” (i.e., you refused to submit to the test because you know the results would show you are guilty of DUI). In these cases, it is important for your attorney to show all of the reasons why an innocent person might refuse to submit to these invasive tests that have been proven to be inaccurate in a wide variety of circumstances.
In Florida, DUI cases consist of two legal cases:
- A traditional criminal court case; and
- An administrative (civil) case to protect your driver’s license from the Florida Department of Highway Safety and Motor Vehicles (FDHSMV).
Despite being a first-time non-impact DUI offender you possibly will face stiff penalties depending on your blood alcohol content level. Maximum penalties for DUI offenses can include:
- 1-year probation and/or incarceration;
- Fines of up to $1,000;
- 50 hours of community service;
- 10 days of vehicle impoundment;
- Mandated DUI school attendance; and
- Vehicle ignition interlock.
Penalties for DUI offense in Florida may increase with each subsequent conviction and accident involvement.
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.
Finding DUI Defense Lawyers in Brevard County, FL
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 impaired driving attorneys represent you for your DUI offense.
The Law Offices of Germain & McCarthy will evaluate the arresting law enforcement officer procedure and the results of any field sobriety and chemical tests. 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 lowest possible sentence.
Provide us with the specific details of your situation in our online form or call (321) 253-3447.
This article was last updated on Friday, May 18, 2018.