Driving while impaired due to alcohol or drug usage can result in severe penalties that can have a lasting impact on your life. When facing DUI charges, it is essential to work with a skilled DUI attorney to fight these allegations and avoid a conviction. At Murphy & Downs Law Offices, P.A., our dedicated team of DUI lawyers will vigorously pursue the best possible outcome for your case. Our goal is to help you evade the harsh penalties and stigmas associated with a DUI offense. Contact us today at (321) 985-0025 or submit your information online to schedule a consultation.
Melbourne DUI Lawyer
When it comes to navigating the complexities of DUI charges and criminal law, you need a trusted advocate by your side. Meet Jason Downs, a highly regarded lawyer at Murphy & Downs Law Offices, P.A. With his extensive experience and unwavering commitment, Jason is your go-to attorney for DUI defense and all matters related to criminal law.
With a perfect 10.0 rating on Avvo, Jason Downs has established himself as a legal professional of the highest caliber. This exceptional rating reflects his outstanding legal skills and dedication to providing top-notch service to his clients. Additionally, Jason has also been recognized by many legal organizations. The National Trial Lawyers included Jason in the Top 100 Trial Lawyers. Super Lawyers has named Jason a Top Rated Lawyer.
Specializing in criminal law, Jason brings a wealth of knowledge and expertise to every case. He understands the intricacies of DUI offenses and is well-versed in the ever-changing legal landscape surrounding them. Jason’s personalized approach ensures that he takes the time to understand your unique circumstances, investigate your case thoroughly, and develop a strategic defense tailored to your needs.
Steps we take during the legal process include:
- Thoroughly investigate the circumstances surrounding the stop and arrest that led to the DUI charges.
- Verify the validity and accuracy of any breath or blood tests used to determine your blood alcohol concentration (BAC).
- Scrutinize the instructions provided during field sobriety tests (FSTs) and analyze the alleged results.
- Prepare and submit all necessary legal documents on your behalf.
- Provide skilled representation in court, presenting a compelling defense on your behalf.
- Assist in securing your release from jail, including bail arrangements when applicable.
- Challenge any violations of your constitutional rights throughout the legal process.
- Contest the results of DUI chemical tests and question their reliability.
- Diligently challenge the accuracy and validity of FSTs.
- Strive for a dismissal or acquittal and work to mitigate potential consequences in case of conviction.
Defending Against DUI Charges in Melbourne
When we receive inquiries about DUI charges via phone calls and emails, the most frequent question we encounter is, “How can a DUI defense lawyer help me avoid conviction?” The subsequent question often asked is, “What are the available defenses against a DUI?”
Can you get out of a DUI?
To resolve a DUI case, it is necessary for the prosecutor to either drop the charges or for the judge to dismiss the case, resulting in the charges not proceeding further.
A skilled DWI attorney can guide you through the various approaches to pursue a dismissal in your DUI case. By employing specific defense strategies, we can present arguments that may lead the judge to dismiss the case. For instance, through a motion to dismiss, we can establish prior to trial that there is insufficient evidence to prove your guilt beyond a reasonable doubt.
Our goal is to either persuade the prosecutor to drop the charges or create a situation where dropping the charges becomes the reasonable course of action. One potential avenue is to uncover evidence that indicates a violation of your constitutional rights by the police. In such cases, we would file a motion to have this evidence deemed inadmissible. Without this crucial evidence, the prosecutor may lack a strong enough case to warrant proceeding with the trial, considering the associated time and resource constraints.
What Defenses Can Be Used to Fight a DUI Charge?
In order to establish reasonable doubt and prevent a guilty verdict for DUI charges, we employ one or multiple defense strategies tailored to your specific case.
Each DUI case presents various potential defenses, and the strength and effectiveness of these defenses depend on the unique circumstances of your situation and the judge overseeing the case. Different judges may respond differently to certain arguments, making it crucial for your attorney to have a comprehensive understanding of their perspectives and rulings. This knowledge enables us to construct an assertive DUI defense strategy.
If you opt for a jury trial, our experienced drunk driving lawyer will thoroughly analyze the demographics, sympathies, and biases of potential jurors. Understanding their attitudes and beliefs is essential in developing the most effective defense strategy during the jury trial process.
Potential DUI Defense Include
No Reasonable Suspicion to Stop You:
Your DUI attorney will conduct a meticulous examination of the circumstances surrounding the stop initiated by the officer to determine its lawfulness. If it is determined that you were subjected to an illegal traffic stop, all evidence obtained subsequently becomes inadmissible. This includes your performance during field sobriety exercises and any chemical testing results or refusal.
For a DUI stop to be considered lawful, the officer must have either personally witnessed a traffic infraction, such as speeding, or possessed reasonable suspicion of impairment based on your driving behavior. This analysis involves a detailed assessment of the specific facts and can vary from case to case. Successfully challenging the legality of the stop often results in the dismissal of your case.
Insufficient Evidence of Impairment:
In a DUI case, the prosecutor must prove beyond a reasonable doubt that you were under the influence of alcohol or a controlled substance. However, there may be insufficient evidence to establish impairment. If you performed well on field sobriety exercises and the officer’s dash cam supports that, we will argue that the jury should trust their own observations. They can recognize the signs of intoxication without relying solely on the breath test machine, which they may not fully understand. When conflicting evidence arises, we are prepared to advocate for a not guilty verdict.
Non-Compliant DUI Checkpoint:
While some states, like Florida, permit DUI/sobriety checkpoints, they must adhere to specific constitutional standards. These standards require law enforcement agencies to adopt written guidelines that outline the checkpoint procedures and predetermined vehicle selection criteria. Arbitrary police discretion that could lead to discrimination is not permitted. We will meticulously review the operation of the DUI checkpoint to determine if it complied with the required standards.
Not in Actual Physical Control of a Vehicle:
According to Florida DUI law, you can face charges if you were driving or in actual physical control of a vehicle. This has led to arrests and charges for individuals who were simply sleeping off their drinks, even if the vehicle was not in motion. If you were not actively driving the vehicle, a DUI lawyer may argue that you were not in actual physical control of the vehicle at the time of the arrest.
Unreliable Test Results:
For the prosecution to present breath, blood, or urine test results in court, the tests must have been administered correctly using reliable and properly calibrated equipment, conducted by qualified individuals. We will scrutinize the testing procedures for your breath, blood, or urine sample to determine if the results are reliable or if any flaws make them unreliable and inadmissible in court.
Inaccuracy of Breathalyzer:
Since 2007, Florida has utilized the Intoxilyzer 8000 for breath tests. However, the Florida Department of Law Enforcement’s rules on inspecting this outdated machine to ensure accuracy have raised concerns. Significant margin for error and various factors can influence the test results. Understanding the intricacies of testing and inspection rules is crucial in challenging the reliability of breath test results.
Penalties for a DUI Conviction in Melbourne
DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. In addition to the criminal penalties for DUI, you are also subject to administrative penalties by the Department of Highway Safety and Motor Vehicles, and to financial and personal collateral consequences.
Learn more about DUI penalties in Melbourne.
DUI FAQ
Will I go to Jail for My First DUI in Melbourne, FL?
The consequences of your first DUI in Melbourne will depend on the specific circumstances of your case and may include potential jail time for more severe offenses. While there is no mandatory minimum sentence for a first-time DUI in Florida, penalties can include license suspension, fines, probation, or community service.
Do I Have to Submit to a Breath Test?
In Melbourne, Florida, the implied consent law requires individuals who drive in the state to comply with requests for breath, blood, or urine tests to determine their blood alcohol content. Refusing a breath test during a DUI stop can result in a one-year license suspension for a first refusal and an 18-month suspension for subsequent refusals.
Do I Have to Disclose A DUI?
If you have been convicted of a DUI in Melbourne, the offense cannot be expunged or sealed from your record and will appear on criminal background checks. This means you will be required to disclose your conviction to potential employers. However, if you were arrested or charged with a DUI but not convicted, you may be eligible to have your record sealed.
Can I Get a DUI for Using Prescription Drugs?
Using certain prescription drugs can impair driving abilities, and it can potentially lead to a DUI charge in Melbourne, FL. According to the FDA, prescription drugs such as opioid pain relievers, anxiety medications, sleeping pills, antidepressants, and antipsychotics can have effects that impair driving and may result in DUI charges.
Florida DUI Law
Operating a vehicle under the influence is considered unlawful in Florida, including in Melbourne, under Florida Statute 316.19. A person can be charged with a DUI if they are driving or in actual physical control of a vehicle within the state and meet either of the following criteria:
- Their normal faculties are impaired due to alcohol, chemical substances, or controlled substances.
- Their blood alcohol concentration (BAC) is at or above 0.08%.
Common DUI Terms
Common terms related to DUI charges include:
DWI:
Driving while impaired is another term for a DUI.
OVI:
Some states refer to a DUI as operating a vehicle while intoxicated or impaired.
BAC:
BAC refers to a person’s blood alcohol content or concentration.
BUI:
BUI refers to operating a boat or any other vessel or to manipulate any water skis, sailboard, or similar device while intoxicated due to alcohol or any combination of alcohol, a controlled substance, or drugs.
Under the influence:
Being under the influence of drugs or alcohol does not require your BAC to be over the legal limit. Impairment can be proven by your physical state, the presence of alcohol or empty cans or bottles in the vehicle, and how you answer an officer’s questions.
Breathalyzer:
A breathalyzer is a general name for a breath testing device. In Florida, the breathalyzer used for DUI cases is the Intoxilyzer 8000. A breathalyzer provides an estimate of the blood alcohol content (BAC) of a person’s breath.
Chemical test:
Chemical tests refer to breath, blood, or urine tests that determine a person’s BAC level.
Actual Physical Control of a Vehicle:
Being in actual physical control of a vehicle means having the apparent ability to immediately operate the vehicle. This can be analyzed based on the location of the vehicle, your location within the vehicle, the location of the keys, and the condition of the vehicle.
Florida BAC Limits
In Florida, the BAC limits vary based on different circumstances.
For individuals aged 21 years or older driving a personal vehicle, the BAC limit is set at 0.08%. If you are under 21 years old, the BAC limit is significantly lower at 0.02%. CDL (commercial driver’s license) holders operating their commercial vehicles are subject to a stricter BAC limit of 0.04%. If you are facing DUI charges for exceeding the legal BAC limit, it is crucial to seek the assistance of a successful DUI attorney without delay.
Breath and Blood BAC Tests
If you are pulled over for a DUI, it is not mandatory to submit to a breathalyzer test. However, refusing the test will not prevent your arrest if the officer has probable cause. Whether or not you blow into a breathalyzer, you may still be arrested for a DUI.
Once you have been arrested for a DUI in Florida, the implied consent law comes into effect. By driving in Florida, you have already given implied consent to undergo chemical or physical tests to determine your blood alcohol concentration (BAC).
Refusing a breath test carries administrative and criminal consequences, potentially leading to harsher penalties upon conviction. Refusing a blood test also results in administrative penalties. However, a Supreme Court ruling protects you from criminal penalties for refusing a warrantless blood test.
Regardless of the breath test result, your case is not automatically doomed. Breath test machines must be properly calibrated and maintained, and we often discover issues during our investigations of DUI charges where law enforcement agencies have neglected these requirements, rendering the results unreliable.
Blood tests can also be affected by various factors. We will thoroughly examine the circumstances surrounding the collection, handling, and analysis of your blood sample, searching for any issues that could undermine the reliability and admissibility of the results in court.
If you refuse to undergo a breath, blood, or urine test to determine your BAC, the implied consent law triggers an administrative driver’s license suspension. A first-time refusal leads to a one-year license suspension, while a second refusal results in an 18-month suspension. Additionally, a second refusal is considered a first-degree misdemeanor, which may result in fines and jail time upon conviction.
Upon receiving notice of an automatic administrative license suspension, it is crucial to promptly contact a DUI attorney. You have the right to appeal this suspension, but time is of the essence.
Field Sobriety Tests
FSTs, or Field Sobriety Tests, are a series of physical-cognitive tests utilized by officers to assess potential impairment by drugs, alcohol, or both. The results of these tests, along with the accompanying dashcam footage capturing your performance, can be presented as evidence in court.
There are three commonly standardized FSTs:
Horizontal Gaze Nystagmus Test: The Horizontal Gaze Nystagmus (HGN) test assesses the involuntary jerking of the eyes, which can become more pronounced when under the influence. During this test, an officer will ask you to track an object with your eyes while keeping your head still. They will observe any significant jerking motions at peripheral angles, which may indicate intoxication. A person who is sober typically exhibits smoother eye movement.
Walk-and-Turn Test: The walk-and-turn test involves taking nine steps, touching heel to toe with each step, and then turning on one foot to return in the same manner. This test evaluates your ability to follow instructions, maintain balance, and accurately count the steps.
One-Leg Stand Test: During the one-leg stand test, you will be instructed to stand on one foot, approximately six inches off the ground, while counting aloud. The officer will observe your ability to maintain balance without using your arms, any hopping or swaying, and whether you can complete the task without putting your foot down.
Do I have to Take Field Sobriety Tests?
During a traffic stop and prior to being arrested for a DUI in Melbourne, you are not obligated to perform any Field Sobriety Tests (FSTs). If an officer requests you to do so or begins instructing you in a test, you have the right to politely decline.
Refusing to participate in FSTs does not carry civil or criminal penalties.
Refusing FSTs can work in your favor. By not taking these tests, you limit the amount of evidence the officer can gather to support an arrest, as well as the evidence available for prosecution by the State’s Attorney Office. Minimizing the evidence against you, whenever possible, can increase your chances of avoiding or successfully defending against DUI charges.
If you have already taken FSTs, it is crucial to consult with our experienced Florida DUI attorney to discuss your specific circumstances without delay.
Collateral Consequences of a DUI Conviction
Employment Problems: Having a DUI on your record and a suspended driver’s license can severely limit your employment opportunities.
Professional License Difficulties: A DUI conviction may render you ineligible for certain professional licenses. Even if you meet the eligibility criteria, the governing body of the profession may have ethical concerns that could hinder the approval of your license.
Immigration Complications: If you are in the U.S. on a visa, a DUI can jeopardize your chances of obtaining permanent residency or naturalization. It may also trigger deportation proceedings.
Child Custody Issues: A DUI conviction and the loss of your driver’s license can be used against you in child custody disputes, potentially leading to reduced custody or visitation rights.
Auto Insurance Premiums: Following a DUI conviction, your auto insurance premiums are likely to increase significantly.
Felony Conviction Consequences: A felony DUI conviction results in the loss of your right to own or possess firearms.
Understanding these consequences is crucial, and it is advisable to seek the guidance of a skilled DUI attorney who can help you navigate the legal process and work towards minimizing the impact on your life.
A Melbourne DUI Attorney Can Help You Get the Best Outcome Possible
When dealing with DUI charges in Melbourne, it’s crucial to seek the assistance of experienced DUI attorneys like Murphy & Downs. Unlike public defenders, who often have heavy caseloads, Murphy & Downs can provide dedicated attention to your case, ensuring the best possible outcome.
To schedule a consultation with Murphy & Downs in Melbourne, FL, you can contact us at (321) 985-0025. They have the knowledge, resources, and expertise to effectively handle your DUI defense. Don’t hesitate to reach out and discuss your case.