Felony DUI Attorney in Melbourne
Serious Charges Need Strategic Legal Help
A felony DUI charge is very different from a first-time misdemeanor DUI. Prison exposure increases, license consequences are harsher, and a felony record can follow you for life. If you are facing this situation in or around Melbourne, our firm of felony DUI attorneys in Melbourne is here to help you understand your options and protect your future.
At The Law Offices of Bryan J. McCarthy, we focus our criminal defense practice on clients in Brevard County who are accused of serious offenses, including felony DUI. Our attorney is a former public defender who has spent years in Florida criminal courts, and we now use that experience to guide people through some of the hardest moments of their lives. We take the time to learn what matters most to you, then build a defense strategy around those priorities.
We know you may be frightened about jail, your driver’s license, and your career. Our goal is to give you clear information and steady support, not judgment.
If you are ready to discuss your case confidentially with a felony DUI attorney in Melbourne, we encourage you to reach out online or call us at (321) 248-7742.
Why Our Firm Handles Felony DUI
Felony DUI charges demand a level of attention and preparation that goes well beyond filling out forms or negotiating quickly. These cases can involve complex statutes, prior conviction records, and sometimes serious allegations of injury. We approach them with the intensity we bring to any major criminal case, because we understand what is at stake for you and your family.
Our attorney’s background as a public defender means we have handled a wide range of criminal matters in Florida courts, including cases where incarceration was a real possibility. That experience helps our felony DUI attorneys in Melbourne anticipate how prosecutors may build a felony DUI case and how judges in Brevard County often evaluate issues like alcohol levels, crashes, and prior DUIs. We use that insight when we prepare motions, challenge evidence, and advise you about potential outcomes.
Our firm is also positioned to help clients whose careers depend on a clean record or professional license. Because our attorney has an accounting background, we are comfortable working with regulated professions and detailed documentation. We frequently advise clients such as healthcare workers, financial professionals, and others with licensing boards about how a felony drunk driving attorney Melbourne choice can affect not just the criminal case, but also long-term career plans.
Throughout the process, we strive to be both aggressive and compassionate. Our felony DUI attorneys in Melbourne look closely at every aspect of the case, from the police report to the testing procedures, and we also make sure you understand what is happening at each stage. You are not treated as a case file. You are treated as a person whose life is being disrupted and who deserves careful, individualized attention.
When A Florida DUI Becomes A Felony
Many people are surprised to learn that a DUI arrest can move from a misdemeanor to a felony under Florida law. Understanding how and why this happens is important because the level of the charge will influence the possible penalties and the overall strategy of your defense. Our felony DUI attorneys in Melbourne explain these distinctions clearly so you know what you are facing.
A DUI in Florida may be charged as a felony in several situations. These often include having multiple prior DUI convictions within specified timeframes or being accused of causing serious bodily injury to another person while driving under the influence. In some cases, a DUI that results in death may involve an even higher level of offense and penalties. The exact charge will depend on your record and the facts alleged by law enforcement.
Felony DUI penalties are significantly more severe than those for a typical first-time DUI. Potential consequences can include longer incarceration ranges, extended probation, substantial fines, mandatory treatment, and lengthy or permanent driver’s license revocations. The court will generally consider factors such as your prior record, the level of alleged impairment, and whether an accident occurred when determining a sentence.
Alongside the criminal case in the Brevard County Circuit Court, you may also face separate administrative consequences through the Florida Department of Highway Safety and Motor Vehicles. These can affect your privilege to drive even before the criminal case ends. We work with clients to help them understand both tracks, and a felony drunk driving lawyer Melbourne who understands these overlapping systems can make it easier to plan realistically.
What To Do After A Felony DUI Arrest? Our Felony DUI Attorney in Melbourne Answers
The hours and days after a felony DUI arrest can feel chaotic. You may have been held at the Brevard County jail, released on bond, and given paperwork that is difficult to interpret. Taking a few deliberate steps now can help protect your rights and improve your ability to defend the case later.
First, be careful about what you say and to whom you say it. Conversations with law enforcement, alleged victims, or even friends and family can sometimes find their way into the case. It is generally safer to wait and speak with a felony dui attorney Melbourne you trust before giving detailed statements. This allows us to understand the situation and advise you about what should and should not be discussed.
Second, keep all documents you received at the time of arrest or release. These can include citations, charging documents, bond conditions, and notices about upcoming court dates. If you were told to appear at the Moore Justice Center or another Brevard County courthouse, those dates are critical. We review these materials at the outset so we can confirm what has been filed and when you must appear.
Third, write down your recollection of what happened as soon as you can. Include where you were before driving, how the stop occurred, what the officers said, what tests were given, and anything unusual you noticed. Memories can fade quickly, and your detailed account can be valuable later when we compare it with police reports or video.
Finally, reach out to a felony DUI attorney in Melbourne as early as possible. Early involvement gives us more time to investigate, review potential video evidence, evaluate breath or blood test procedures, and identify any immediate steps regarding your driver’s license. We work to help you understand upcoming court events so you are not walking into them alone or unprepared.
How We Build A Felony DUI Defense
Defending a felony DUI case is not a one-size-fits-all process. Each client’s history, the evidence involved, and the allegations from law enforcement create a unique set of issues. We approach your case by breaking it down into parts and examining each one carefully to see where the law and the facts may give you leverage.
We start by reviewing the basis for the traffic stop and any subsequent detention. If officers did not have a lawful reason to stop the vehicle or extend the encounter, certain evidence may be subject to challenge. We then look at how field sobriety exercises were conducted, whether instructions were clear, and whether any medical or environmental factors may have affected performance.
Breath and blood test procedures are another critical area. Our felony DUI attorneys in Melbourne examine whether the machine was maintained properly, whether the operator was qualified, and whether mandatory waiting periods and observation requirements were followed. For blood tests, we consider the chain of custody, lab protocols, and any potential contamination issues. Our detail-oriented approach comes directly from our training and practice habits, and a felony dui defense attorney Melbourne who focuses on these details can sometimes identify legal issues that are not obvious at first glance.
If you have prior DUI convictions, we also analyze the validity of those priors. In some situations, questions about how a prior case was handled can become significant in the current case. At the same time, we consider possible negotiation paths, including whether the evidence or circumstances might support efforts to seek a reduced charge or alternative resolutions. We never promise specific results, but we do explain the range of options and how different strategies could affect your future.
Throughout this process, we communicate with you about what we are doing and why. We explain the purpose of motions, discovery, and court hearings, and we make time to answer questions about how the case could affect your employment, family, and plans. Our goal is to give you both a strong legal defense and a clear understanding of the road ahead.
Felony DUI Cases In Brevard County Courts
Many felony DUI cases from the Melbourne area are handled in the Brevard County Circuit Court. A substantial number of hearings take place at the Moore Justice Center in Viera, which is part of the Eighteenth Judicial Circuit. Knowing how cases typically proceed in this setting can help you feel less uncertain about what lies ahead.
Your case will usually start with an initial appearance or advisory hearing shortly after arrest, where bond and basic conditions can be addressed. Later, you may have an arraignment, where you enter a plea and receive additional scheduling information. From there, cases commonly move through a series of pretrial hearings, during which motions may be heard, and negotiations with the State Attorney’s Office can take place.
Throughout these stages, local practices and expectations matter. Prosecutors in the Eighteenth Judicial Circuit often have guidelines for handling repeat DUI cases or those involving injury, although each case is still evaluated individually. Judges at the Moore Justice Center may also have specific preferences regarding scheduling, motion practice, and compliance with court-ordered conditions. Because we appear in Brevard County courts, we are familiar with many of these patterns and factor them into our planning.
Our felony DUI attorneys in Melbourne also keep your practical concerns in mind. We discuss how often you may need to appear in person, what to expect in the courtroom, and how to prepare for each hearing. Knowing that a felony drunk driving attorney Melbourne is guiding you through a system we work in regularly can make the experience feel less overwhelming.
Call (321) 248-7742 to speak with our team about your felony DUI case.
Frequently Asked Questions
Will I Go to Jail for a Felony DUI?
Jail or prison is a real possibility in felony DUI cases, but outcomes vary. Courts consider your prior record, the specific charge, and the facts of the incident. We review your situation, explain potential sentencing ranges, and work to pursue options that can reduce your risk where possible.
Can a Felony DUI Charge Be Reduced?
Some felony DUI charges may be reduced, but there is never a guarantee. The strength of the evidence, injury allegations, your history, and local policies all play a role. We evaluate the file, identify legal issues, and use those to inform discussions with the State Attorney’s Office.
How Will a Felony DUI Affect My License?
A felony DUI can lead to lengthy license revocations and strict conditions for reinstatement. There may also be an early administrative suspension through the Florida Department of Highway Safety and Motor Vehicles. We explain your options, help you track deadlines, and work to minimize long-term damage where we can.
I Have a Professional License. What Should I Do?
If you hold a professional license, you should speak with a lawyer promptly and avoid self-reporting until you understand your obligations. We regularly counsel licensed professionals about reporting rules, potential board actions, and how case outcomes can affect their careers.
When Should I Contact a Felony DUI Lawyer?
It is usually best to contact a felony dui lawyer Melbourne as soon as possible after arrest. Early involvement allows us to review paperwork, preserve potential evidence, advise you before court hearings, and address immediate license concerns. Waiting can limit options and make certain problems harder to address.
When you contact us, you can expect straightforward answers, realistic guidance, and a careful review of the facts before we recommend your next steps.