Questions to Ask Before Hiring a Melbourne DUI Attorney
How the Right Questions—and the Right Attorney—Can Change the Outcome of Your Case At Murphy & Downs Law Offices in Melbourne, FL, we understand that facing a DUI charge can be overwhelming. Florida Statutes § 316.193 outlines the serious consequences of a DUI conviction, including jail time, fines, a permanent criminal record, and increased insurance rates. But one of the most important decisions you’ll make isn’t what to plead—it’s who to hire. Here are seven questions that will help you choose the right Melbourne DUI attorney to defend your case.
- How Will You Challenge the Traffic Stop? Most DUI cases begin with a traffic stop. If that stop wasn’t legally justified, everything that follows may be suppressed. Florida’s Stop-and-Frisk Law (§ 901.151) and the Fourth Amendment require that officers have reasonable suspicion to initiate a stop.
Ask your attorney how they plan to evaluate the legality of your stop. At Murphy & Downs, we review patrol videos, CAD logs, dispatch audio, and officer narratives. If the stop was illegal, we file a motion to suppress—often leading to dismissal of key evidence.
- Do You Handle the DMV License Suspension Too? You only have 10 days from the date of your arrest to request a formal hearing with the DMV to challenge your license suspension under § 322.2615. If you miss this deadline, your license can be suspended for 6 to 18 months—even before you step foot in court.
We include DMV hearings in our representation because it allows us to cross-examine the arresting officer and gather sworn testimony that could help us later in court. Make sure your attorney doesn’t overlook this crucial step.
- What Defenses Apply to My Case? Every DUI case has unique circumstances. A skilled DUI attorney should be able to discuss defenses specific to your facts, such as:
- No probable cause for the stop
- Inaccurate breath or blood test
- Unreliable field sobriety tests
- Medical conditions that mimic impairment
- Incorrectly delivered implied consent warnings
At Murphy & Downs, we develop a tailored defense strategy after examining the police report, video footage, testing procedures, and your health history.
- Do You Take DUI Cases to Trial? Not every case goes to trial—but your lawyer should be ready to go the distance. Trial experience gives your attorney leverage during negotiations and the ability to spot weaknesses in the state’s case. Ask for examples of past trial outcomes. Our office frequently takes DUI cases to trial and maintains a strong track record of favorable results.
- Who Will Actually Handle My Case? Avoid surprises. At some firms, you may meet a senior attorney during the consultation but be passed off to an unfamiliar associate. At Murphy & Downs, your case will be handled by the attorney you hired. We believe that consistency and familiarity with the facts lead to better outcomes.
- What Is Your Plan for Challenging My Breath or Blood Results? Florida law (§ 316.193(1)(b)) permits DUI conviction based solely on a BAC of 0.08 or above. But breath and blood test results can be challenged for many reasons:
- Expired calibration materials
- Operator error
- Interference from medical conditions or medications
- Chain-of-custody errors
We pull instrument logs, review lab protocols, and challenge weak points in the testing process.
- How Will You Communicate With Me? Clear communication reduces stress and builds trust. Ask how often you’ll receive updates and whether you can reach your attorney directly. At Murphy & Downs, we respond to client messages promptly and provide updates throughout each stage of the case.
Why Asking the Right Questions Matters A DUI charge can impact your freedom, finances, and reputation. By asking these key questions, you equip yourself to choose a DUI lawyer who is experienced, aggressive, and committed to your defense.
Murphy & Downs Law Offices in Melbourne, FL, is ready to help. We offer comprehensive DUI defense, including DMV hearings, motions to suppress, and trial representation. Call us today for a consultation and let us protect your future.