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First-Time DUI Defense

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Melbourne First-Time DUI Lawyer

A first-time DUI can potentially cause irreparable damage to the driver, passengers in the vehicle, other motorists, and pedestrians. The state of Florida hands out harsh penalties for DUI convictions, so you must have a Melbourne first-time DUI lawyer on your side after an arrest.

DUI penalties in Florida are among the most severe in the U.S. A DUI conviction in the Sunshine State can get you nine months in jail, fines of up to $2,000, a six-month driver’s license suspension, and use of an IID (ignition interlock device). 

Even if it’s your first DUI conviction, you could face stiff penalties, including up to six months in jail and a $1,000 fine. You can also lose your license for six months and be required to serve up to 50 hours of community service.

I am a Melbourne first-time DUI lawyer with experience defending clients in over 50 jury trials. Handling exclusively criminal defense cases gives me the skills to protect your rights if you are arrested for a first-time DUI. Here, I answer some of the most frequently asked questions I get about first-time DUI arrests.

Will You Lose Your License After A DUI Arrest?

Generally, the arresting police officer will confiscate your driver’s license at the time of the arrest for reasons including refusal to take a BAC (blood alcohol content) test or having a BAC over .08%. The officer may issue a ten-day temporary driving permit and an administrative DUI suspension. 

Following the arrest, you have ten days to contest your administrative DUI suspension by requesting a formal hearing with the Department of Highway Safety and Motor Vehicles. This ten-day window is short and your only chance to argue your case for a hardship license while your driver’s license is suspended.

With a hardship license, you may only drive under these conditions: 

  • For work and work-related activities
  • Driving to and from school
  • Going to church-related activities
  • Other necessary activities, such as grocery shopping and paying bills 

It is helpful to have the assistance of a Melbourne first-time DUI lawyer while you prepare and submit your demand for a review hearing. I can offer you the best chance of getting your hardship license and pursue minimal penalties for a DUI conviction.

What Penalties Come With A First Time DUI Conviction?

As mentioned above, the maximum penalties for a first offense include six months in jail and a $1,000 fine. With the help of an experienced Melbourne first-time DUI lawyer like myself, your penalties can be much less severe. The minimum penalties include:

  • 12 months probation (mandatory)
  • DUI school
  • 10-day vehicle impound
  • A fine of up to $500
  • License suspension of up to six months
  • Up to 50 hours of community service

The penalties you receive are determined by the judge based on the details of your case and the effectiveness of your attorney, which is why hiring a lawyer skilled in DUI defense is crucial.

Defenses to First-Time DUI Charges 

Facing a DUI charge, especially for the first time, can be overwhelming. However, various defenses can be employed depending on the circumstances of the arrest. Some defenses focus on challenging the evidence and methods used in determining impairment, while others may pertain to procedural errors or violations of the accused’s rights. It’s essential to consult with a qualified attorney who can analyze the specific details of the case and advise on the best course of action. 

Possible defenses include: 

Improper Stop: Arguing that the law enforcement officer had no valid reason or probable cause to initially stop the vehicle. 

Inaccuracy of Field Sobriety Tests: Challenging the validity or administration of field sobriety tests, citing possible errors or external influencing factors. 

Inaccuracy of Breathalyzer or Blood Tests: Contending that the breathalyzer or blood test equipment was malfunctioning, improperly calibrated, or incorrectly administered. 

Chain of Custody Issues: Pointing out breaks or inconsistencies in the chain of custody of blood test samples, which could lead to contamination or mislabeling.

Medical Conditions: Presenting evidence that the defendant had a medical condition that mimicked signs of intoxication or influenced test results. 

Violation of Rights: Asserting that the defendant’s rights were violated during the arrest, such as being denied a request to contact an attorney. 

It’s crucial to remember that the appropriateness and effectiveness of each defense will vary based on the individual circumstances of each case.

How Can An Attorney Defend Against A DUI?

With a skilled attorney working on your case, it is possible to be acquitted of DUI and not have to endure the above penalties. For a strong DUI defense, your attorney must have a deep understanding of DUI law, be a skilled litigator, and possess a comprehensive grasp of the DMV administrative proceedings that will be initiated against you.

One of my clients had this to say about the work I did for him on his case:

“I don’t think I can put into words how much I recommend this man. To be blunt, he is very good at what he does. Mr. Spellacy has handled more cases than most attorneys will in their entire career.”

Arrested For DUI? I Can Help

When you hire me, I will put the time and effort into preparing your DUI case to provide you with the best possible defense. If you have questions about DUI or have been arrested, trust me as your Melbourne first-time DUI lawyer. I can ensure you get the guidance and representation needed to navigate this challenging situation, safeguarding your rights and working toward the best possible outcome for your case. Contact my firm today for a free case evaluation.

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