While your first DUI charge is unlikely to have harsh penalties, it’s important to refute these charges in case you are charged with subsequent DUIs.
Brevard County First DUI Defense Attorneys
Any DUI charge is scary, whether you have no offenses on record or multiple. These charges are serious and can eventually lead to consequences as harsh as full license revocation.
If you or a loved one have been charged with a DUI you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
What is a First DUI?
According to Florida Statutes Section 316.193, DUI (Driving Under the Influence) occurs when a person is driving or in actual physical control of a vehicle within the state of Florida and:
- There is impairment of the individual’s normal faculties.
- The individual’s blood-alcohol level is 0.08 grams or more per 100 milliliters of blood.
- The individual’s breath-alcohol level is 0.08 grams or more per 210 liters of breath.
What Are the Penalties for a First DUI?
| Offense | Penalty |
| First DUI | Second-Degree Misdemeanor Fine: $500 to $1,000 Imprisonment: Up to 6 months Probation: Up to 1 year, including a minimum of 50 hours of community service Vehicle Impoundment: 10 days |
| First DUI with BAC of 0.15 or Higher | First-Degree Misdemeanor Fine: $1,000 to $2,000 Imprisonment: Up to 9 months Ignition Interlock: Mandatory for at least 6 months on all vehicles owned or operated by the individual |
| First DUI with a Minor in the Vehicle | First-Degree Misdemeanor Fine: $1,000 to $2,000 Imprisonment: Up to 9 months Ignition Interlock: Mandatory for at least 6 months on all vehicles owned or operated by the individual |
Other Consequences
- Probation: Instead of jail time, the court may place the individual on probation for up to one year. During this time, the person must comply with certain conditions, such as regular reporting to a probation officer, attending court-ordered programs, and avoiding any further legal trouble.
- Community Service: The court may require the person to complete a certain number of hours of community service. This service is performed at a local organization or public facility, allowing the individual to give back to the community while avoiding jail time. If completing the community service creates an undue hardship, the court can allow the offender to pay $10 for each hour not served. For instance, if 50 hours is required, the offender can pay $500 instead.
- DUI Education and Substance Abuse Programs: All first-time DUI offenders must attend and complete a substance abuse course provided by a licensed DUI program. As part of the course, the offender will undergo a psychosocial evaluation to determine if they require further treatment for substance abuse. If additional treatment is recommended, the offender must complete it as part of probation. Failure to complete the required education and treatment can lead to suspension of the offender’s driving privileges until they finish the program.
- Ignition Interlock Device Installation: In cases where the offender’s blood alcohol level (BAL) was 0.15 or higher, or if a minor was in the vehicle, additional conditions apply. The court may order the installation of an ignition interlock device on the offender’s vehicle for a minimum of six months. This device prevents the vehicle from starting unless the driver passes a breathalyzer test. The offender is responsible for the costs associated with the installation and maintenance of the device. If the BAL was below 0.15 and there were no minors present, an ignition interlock device is typically not required for a first offense.
- Vehicle Impoundment or Immobilization: The court may order the individual’s vehicle to be impounded or immobilized for 10 days. However, this penalty can be waived if someone in the household relies on the vehicle and has no other transportation.
- Driver’s License Revocation: A first-time DUI conviction leads to the revocation of the driver’s license for a period of at least 180 days, up to a maximum of 12 months. This revocation is separate from any administrative suspension that happens immediately after arrest. After a DUI conviction, the person may apply for a hardship license to drive for work or essential purposes.
DUI Diversion Programs for 1st DUI Cases
In some instances, individuals charged with DUI could be eligible for a diversion program. This would allow an offender to complete DUI school or treatment programs, in exchange for reduced penalties or avoiding a conviction. This may be an option to explore depending on the specific circumstances of the case.
What Are Potential Defenses to DUI Charges?
- Challenging the Traffic Stop: The officer must have a valid reason to stop a vehicle. If the stop was made without a proper legal reason, any evidence gathered after the stop, such as breath or blood tests, may be thrown out.
- Questioning Field Sobriety Tests: These types of tests are often used to determine impairment. The tests can be influenced by various factors such as poor weather conditions, uneven surfaces, or physical limitations. Challenging the validity of these tests could weaken the prosecution’s case.
- Contesting the Breathalyzer Test: Breathalyzer machines must be properly calibrated to give accurate readings. If the machine was not maintained correctly, or if the officer administering the test was not trained to do so, the results may not be reliable.
- Raising Issues with Blood Tests: If a blood test was used, it must be done according to specific procedures. If these procedures were not followed, the results might be contaminated or otherwise inaccurate, leading to possible dismissal of this evidence.
- Medical Conditions: Certain medical conditions can mimic impairment. For example, diabetes or a neurological disorder could affect speech, coordination, or even breathalyzer results. Showing that a medical condition was mistaken for impairment can be a strong defense.
- Involuntary Intoxication: If the person unknowingly consumed alcohol or was drugged, they may not be held legally responsible for driving under the influence.
- Challenging Officer Testimony: The officer’s observations of erratic driving or slurred speech might be exaggerated or mistaken. Challenging the officer’s testimony can create reasonable doubt.
- Improperly Administered Miranda Rights: If the officer did not properly inform the individual of their Miranda rights (the right to remain silent and the right to an attorney), any statements made during the arrest might be excluded from evidence.
The prosecution must prove beyond a reasonable doubt that the person was impaired while driving. If the evidence is insufficient or unreliable, the case may be dismissed.
How Can a DUI Attorney Help Me?
If you’ve been charged with a first DUI, a criminal defense lawyer can be your guide through the legal process. From the moment you’re charged, your lawyer works to understand your situation, explain what’s happening, and provide support. This can be a confusing and stressful time, but your lawyer is there to help make things clearer.
Your lawyer will carefully review the details of your case, such as the police report and the results of any tests, like breathalyzers. They’ll help you understand the penalties you might face and work to protect your rights throughout the legal process. This could include negotiating for reduced penalties or exploring options that might lessen the impact of the charge on your life.
Another key part of your lawyer’s job is to prepare you for court appearances. They’ll explain what to expect and guide you on how to present yourself. If you have to go to trial, your lawyer will be there to represent you, making arguments on your behalf.
Frequently Asked Questions
Can a first DUI be expunged from the record? In Florida, a first DUI cannot be expunged or sealed from a criminal record if a conviction occurs. However, if the charges are dismissed or result in a not-guilty verdict, the record may be eligible for expungement. An attorney can assist in determining eligibility and managing the expungement process.
Will a first DUI result in a license suspension? Yes, a first DUI in Florida typically results in a driver’s license suspension. The length of the suspension varies, generally ranging from 6 months to 1 year. An administrative suspension occurs immediately upon arrest, but the driver may request a formal review hearing to contest it within 10 days.
Is it possible to obtain a hardship license after a first DUI? After a first DUI, individuals in Florida may apply for a hardship license, which allows driving for essential purposes like work or school. Eligibility for a hardship license typically begins after a 30-day mandatory suspension period, and the applicant must complete DUI school as part of the process.
How does a first DUI affect car insurance rates? A first DUI in Florida can significantly increase car insurance rates, as insurers view the individual as a high-risk driver. This increase may last for several years, and some insurers may even cancel the policy altogether.
Can refusal to take a breathalyzer test affect a first DUI case? Refusing a breathalyzer test in Florida leads to an automatic license suspension for one year for a first offense, regardless of the DUI charge outcome. Additionally, refusal can be used as evidence of guilt in court. Florida’s “implied consent” law means that by driving, a person agrees to submit to DUI tests when requested by an officer.
Additional Resources
DUI Frequently Asked Questions – The Florida Department of Highway Safety and Motor Vehicles provides answers to common questions about DUI. It covers topics like license reinstatement after a DUI, the process for obtaining a hardship license, and insurance requirements. This resource is helpful for understanding the consequences of a DUI conviction and what steps are necessary to regain driving privileges in Florida.
Florida Statutes Section 316.193 – This part of the Florida Statutes outlines the legal definitions, penalties, and conditions related to driving under the influence. It covers the specific blood alcohol levels that constitute a DUI offense, the fines and jail time for first and subsequent offenses, and additional penalties like mandatory ignition interlock devices.
Impaired Driving – The Florida Department of Highway Safety and Motor Vehicles explains the dangers and legal consequences of impaired driving. It highlights how alcohol, drugs, and even some medications can affect your ability to drive safely. The resource also outlines the penalties for DUI offenses, including fines, license revocation, and mandatory DUI education.
Drive Sober Data – Drive Sober Florida provides statistics on impaired driving incidents in the state. The data includes information on alcohol and drug-impaired driving fatalities, highlighting the ongoing issues across all Florida counties. This resource also offers links to various traffic safety reports.
Hire a First DUI Defense Attorney in Brevard County, FL
If you or a loved one have been charged with a DUI you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
