5 Steps to take after a DUI arrest in Melbourne, FL
5 steps to take after a DUI arrest!
You’ve been stopped by the police in Brevard County, arrested for Driving Under the Influence (DUI). You spent a night in the Brevard County Jail and now feel like your life is out of control. A million thoughts are racing through your head. You’re probably scared. You have questions:
What do I do now?
Will I lose my Florida driver’s license?
What about a Brevard DUI Lawyer?
It’s normal to have questions. You don’t have an idea what’s next nor how you can help yourself. You may feel kinda helpless after being arrested for DUI but you can help yourself and improve your DUI defense.
You Need a post - DUI action plan!
Below, I have provided an action plan listing 5 steps you can take following your DUI arrest to put yourself in a better situation then you are in right now. Like any plan, you must follow through to get the most out of it. Some of these you may have already accomplished, others you may need to get started working on. Either way, this is the best action plan to take back control of your situation and life.
1. 10 Days to Save Your Ability to Drive
After you are arrested for a Florida DUI and you blew over .08 or refused the breath test, likely the Brevard Law Enforcement Officer seized your Florida Driver’s License and the bad news is your driving privilege has been suspended. The good news is your Florida DUI Uniform Traffic Citation (ticket) acts as a driving permit BUT for only 10 days. Before the 10 days are up, you or your DUI Lawyer, must take action to preserve your driving privilege beyond those 10 days by waiving your right to a formal review hearing or requesting your Florida Department of Highway Safety and Motor Vehicles (DSHMV) Formal Review Hearing. Your Brevard Florida DUI Lawyers, Murphy & Downs can explain the different routes to a Florida Hardship License. You may be eligible for a Florida Hardship License if this is your first DUI and you either blew over a .08 or you refused the breath test.
If this is at least your second DUI charge it is all the more important that you hire your DUI Lawyer, within the 10 day driving permit period.
2. hire DUI lawyers, murphy & Downs
A Brevard DUI is a very serious matter, which is why you need an attorney knowledgeable in Florida DUI law. The most important decision you’ll make for your Space Coast Florida DUI case is which DUI lawyer will defend you in court.
DUI Lawyer, John C. Murphy, has been a member of the Florida Bar since September 1983. John C. Murphy, has handled tens of thousands of criminal cases and about 4000 DUIs. He has conducted almost 200 jury trials, most of them DUIs. Additionally, he has conducted almost 1000 non-jury trials. DUI Lawyer, John C. Murphy, stays up to date through memberships in the Florida Association of Criminal Defense Lawyers (FACDL) and the National College for DUI Defense (NCDD). He has completed hundreds of hours of continuing education on DUI and criminal law issues. In fact, DUI Lawyer, John C. Murphy, has published over 100 articles on DUI issues including traffic stops, accident investigations, standardized field sobriety exercises (SFSEs), breath, urine and blood tests and refusals of those tests.
DUI Lawyer Jason S. Downs is rated 10.0 Surpurb by Avvo, has been named Super Lawyer and Rising Star by Thompson Reuters, and Top 100 Trial Lawyers by The National Trial Lawyers. He is the recipient of Avvo Clients’ Choice and Top Contributor Awards and is a finalist for Best in Brevard for Criminal Defense Attorneys. Jason S. Downs has dedicated his career to criminal defense and has been published in peer-reviewed law journals on numerous occasions. He has authored prevailing appeals all the way up to the Supreme Court of the United States and has successfully argued for the dismissal of countless DUI cases. He is a member of the Vassar B. Carlton American Inn of Court, the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the Florida Association of Criminal Defense Lawyers.
Give DUI Lawyers, Murphy & Downs, office a call any day of the week and we will schedule an appointment with you. Live receptionist hours are 8:30 am – 5:00 pm, M-F. On the weekend you can leave a message and it will be reviewed the same day for a return call. I realize many people work and for that reason I am able to meet after hours or on the weekends, if needed. Space Coast DUI Lawyers, Murphy & Downs has plenty of appointment opportunities throughout the week.
One of the biggest benefits of a meeting with DUI Lawyers, Murphy & Downs, is your opportunity to get all your questions answered. Write down all of your questions so you do not leave the office of Murphy & Downs only to realize you forgot to ask an important question.
3. Start a DUI case folder
You need to stay organized. You have a handful of documents right now that your lawyer is going to need and you will be receiving more from the court and your DUI Lawyer, Murphy & Downs. Make sure to keep all citations, and any court notices you may have received for your Florida DUI case.
A. COLLECT EVIDENCE
You need to collect any receipts from the night you were arrested for your Brevard DUI. Also print out all photos, text and social media conversations before you were arrested for your DUI in order to preserve everything for your defense. Your DUI lawyers, Murphy & Downs, will review this evidence to determine if anything will be helpful. If you left a voicemail on a friends phone, ask them to save it and get a recording of it. Do not destroy any info that may be helpful in your DUI defense. Without knowing it, you may have evidence that can be extremely helpful.
Write down the names and contact information of the people you were with, spoke to, called, texted or social media communicated with before your DUI. They may be able to provided helpful testimony or information in your DUI case. If you knew the Brevard bartender, waiter or restaurant owner provide their name. If you don’t know their names, find out! They may testify that they did not over serve you or you were steady on your feet and had no problem walking out of the restaurant before your DUI arrest.
Talk to your friends, family, and acquaintances – especially if they saw you right before, right after, or even during your DUI stop/arrest. Witnesses can strengthen your Florida DUI defense. Your DUI Lawyers, Murphy & Downs will want to obtain their statements- because people forget things by the time trial rolls around. A non-drunk alibi witness can make a big difference in your Florida DUI case.
C. WRITE EVERYTHING DOWN
First, at the top of each page write in big letters, “WORK PRODUCT”. Second, when you write, skip every other line. This will give you room to add things in later as you remember more and more details of your DUI arrest. Last, make it legible. Generate on your computer or print neatly.
Remember, DUI cases are won and lost with their details. So write down everything you remember from your DUI stop/arrest, no matter how insignificant. DO IT NOW! Write down everything while your memory is still fresh. In just six months, many little details about your DUI case will start to fade. Your DUI Lawyers, Murphy & Downs will want to know everything you know. Just don’t share it with anyone except your DUI Lawyers, Murphy & Downs. Here are some of the topics that you need to get down on paper:
• 24 before the arrest – You need to journal the events that led up to your DUI arrest starting with the beginning of your day. List your schedule that day including everything you did, a timeline, and whom you were with. Be sure to include a description of how much sleep you had the night before, how much you ate that day, and how much you drank. Describe the weather, day of the week and clothing you wore during your DUI stop/arrest. This may all be very useful information for your DUI Lawyers, Murphy & Downs and your DUI defense.
• Reason for the stop – What time was the DUI stop? Where were you stopped? What reason did the police give for stopping you? What traffic tickets did you get other than for DUI? Did you think you violated any traffic laws?
• Interaction with the police – What questions did the police officer ask you after your DUI stop? What did you say? Describe handing the police your driver’s license (DL), Registration and proof of insurance. Were the police emergency lights on?
• Set the Scene – Did the police recruit other police to help? How many police were there? Was there anyone in your car with you?
• Standardized Field Sobriety Exercises (SFSEs) – What test did they ask you to perform during the DUI investigation? What order? Did you have a choice? Did you refuse any tests? Where did you do the test? Was there other traffic on the road? How coordinated are you? What medications where on that night? Blood pressure medicine? Do you have diabetes, stomach problems, indigestion, gerds, high blood pressure, asthma or anxiety? Do you have any physical injuries that impact your athletic abilities? What physical activities do you typically do? Any prior orthopedic surgeries?
• Breath test process – Did they ask for a breath, urine or blood test after your DUI arrest? Did you agree to it? Did you refuse any test? If a breath test, how many times did you blow? Did they tell you your results? What were the results? Did anyone watch you consistently for 20 minutes prior to taking the breath test? Did you have any cuts in your mouth, recent dental work, dentures, tongue ring, or braces? Did you have any gum in your mouth that night? Do you smoke, chew tobacco, or dip
4. social media settings
Social media can provide the Brevard State Attorney (prosecutor) with your personal photos, posts, and/or tweets. Any of this information can be used against you in your Florida DUI. Anything you post online can and will be used against you in a Court of Law. MAKE SURE YOUR PRIVACY SETTINGS ARE PRIVATE! Do not post photos of you drinking, partying or even discussing anything about drinking. Do not post anything on social media about your Florida DUI arrest or the events leading up to it. Remember, social media is public information and available to anyone that wants (and has access) to view it.
Brevard State Attorneys scour Facebook, Twitter and social media looking for incriminating photos or posts to use against DUI defendants especially if they are from that night. Don’t give the Brevard State Attorney more ammunition. You need to ensure your privacy settings for all your social media accounts are private. You should not post anything about your Florida DUI case…ever.
5. relax and stay calm
You need to relax and stay calm because you will be making a very important decision in hiring a DUI Lawyer. Make a good choice. You will get through this. You can have DUI Lawyers, Murphy & Downs, to take the load off your shoulders. Make sure to maintain good communication with DUI Lawyers, Murphy & Downs and ask about anything that might concern you. We will fight for your case.
Get started on your action plan. Whether you were arrested leaving Nolan’s Irish Pub in Cocoa Beach, Baci in Rockledge, Meg O’Malleys in Historic Downtown Melbourne, The Irish Pub in Titusville, Tequila Azul in The Avenue Viera, Coasters Pub & Biergarten on the Beachside, Village Idiot Pub in Historic Cocoa Village or anywhere else, you now have a Post DUI Action Plan to help you take the 5 steps to take back control of your life. If you are facing a DUI charge, please call Murphy & Downs Law Offices at (321) 985-0025 today. Call DUI Lawyers, Murphy & Downs today and see the difference his experience can make for you.
When you are charged with a crime, you want an AGGRESSIVE criminal defense attorney that will fight for your rights.
In Florida, it is not against the law to drink and then drive. It is only a violation of Florida law to drink to the point of impairment of normal faculties and then drive.
If you have ever been adjudicated guilty (or adjudged delinquent as a juvenile) of any misdemeanor or felony, then you will not be eligible to seal or expunge your DUI.
The limit in Florida, sometimes (mistakenly) referred to as “legal limit,” is .08%. The best advice an attorney can give is don’t drink and drive. Imagine how many cab/UBER rides you can pay for with the money you’d spend on a DUI case.