If you have been arrested for dUI, we will help you.
DUI Lawyers Near you
DUI attorneys in Melbourne & Jacksonville, FL
DON'T GO THROUGH THIS wITHOUT A DUI ATTORNEY.
Know the penalties for driving under the influence, and get a DUI defense lawyer you can trust.
Because there are lasting effects of a DUI conviction and some administrative consequences which will happen in just 10 days from your arrest. Knowing the consequences gives you good reason to fight your DUI, criminally and administratively. If you don’t fight your DUI, at a minimum you will:
- Lose your driver license
- serve 12 months probation
- Participate in drug testing
- Pay increased insurance premiums
- Be adjudicated guilty, which means a permanent criminal record
Get the best DUI Lawyers with Murphy & Downs Law Office
Understanding a DUI
driving under the influence (DUI)
A Driving Under the Influence (DUI) can happen to anyone who drives a car in Florida. Even responsible drivers can find themselves facing DUI charges. A DUI stays on your driving record for life and will effect insurance rates on vehicle policies and possibly increase health insurance rates. Murphy & Downs Law Offices aggressively defends these charges to help avoid a loss of your driver’s license, heavy fines, long probation periods and possible jail time. We can help you keep your driver’s license and fight your DUI charge.
Our DUI lawyers have a comprehensive understanding of Florida’s DUI laws. From the traffic stop to the breath, urine, or blood test, every element of your case will be carefully investigated and examined. We will help you understand the possible consequences you face and maximize your chances for a successful defense. In some cases, we are able to reduce a DUI charge to a Reckless Driving, a lesser charge with less severe penalties. We have also been able to get some DUI charges dropped. Murphy & Downs will make sure the tests, including the Standardized Field Sobriety Exercises and Breath/Urine/Blood Tests were administered properly.
In addition to the penalties for DUI, you also may lose your license administratively. The Florida Department of Motor Vehicles (DMV) may suspend your license even if your criminal case is dropped, reduced to a lesser charge, or found not guilty at trial. We will arrange to get you a temporary license while investigating and preparing for the “Formal Hearing” held by the DMV. If the DMV invalidates the suspension, you will get your full license restored administratively. When this happens, it can be very beneficial to your criminal case. You have 10 days from the date of your arrest to request a formal hearing and reserve your right to a hearing.
We have drafted a 5 step action plan you should take after a Brevard DUI arrest. Click here to see our DUI action plan and understand what steps you need to take before more bad things happen to you and your driving privilege. I call this the Post DUI Action Plan.
DUI is a criminal offense. If you want the best DUI defense possible, Murphy & Downs will protect your rights and give you the aggressive defense your deserve. Left to themselves, things tend to go from bad to worse.
Only cases dropped by the State Attorney or dismissed by a Judge can be expunged initially. Both Expunging and sealing give you the ability to deny the arrest. Both a sealed record and an expunged record are no longer public records under Florida law and no longer available to the public. However, there is one big difference between sealing a record or expunging a criminal record. When purchasing a firearm, a person with a sealed record must disclose the arrest whereas a person with an expunged record may deny any arrest. Check out our DUI frequently asked questions.
5 STEPS TO TAKE AFTER A DUI ARREST!
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.
8 Things to Know Before a DUI
The limit in Florida, sometimes (mistakenly) referred to as “legal limit,” is .08%. We’ve got 8 simple DUI instructions, but the best advice an attorney can give is don’t drink and drive.
Bail For DUI
Florida has its own bail bond system, which gives someone who has been arrested and charged with a crime the opportunity to get out of jail and remain free until trial.
Murphy & Downs Law Office defends
Arrested for DUI?
Our DUI defense lawyers will defend you.
DUI Penalty Charts
Below are penalty charts for DUI offenses:
First DUI
First DUI over .15
Second DUI Outside Five Years
Second DUI Outside Five Years over .15
Second DUI Within Five Years
Second DUI Within Five Years over .15
Third DUI Within Ten Years
Third DUI Within Ten Years over .15
Third DUI Outside Ten Years
Third DUI Outside Ten Years over .15
Fourth DUI Charged as a Misdemeanor
Fourth DUI Charged as a Misdemeanor over .15
Fourth DUI Charged as a Felony
Fourth DUI Charged as a Felony over .15
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.
The following charts may not contain all possible penalties for DUI offenses. To know the most current DUI penalties, you should contact DUI Lawyers Murphy & Downs.
First DUI Penalties
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$500
1 Day
None
Level 1
50 Hours
180 Days
10 Days
None
Maximum
$1,000
1 Year
180 Days
Level 1
and Up
1 Year
and Up
and Up
First DUI Over .15
These are the enhanced penalties for over .15 breath test or having a minor in the vehicle. The enhanced penalties include an increased fine, longer jail time and a required ignition interlock device.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$1000
1 Day
None
Level 1
50 Hours
180 Days
10 Days
6 Months
Maximum
$2,000
1 Year
270 Days
Level 1
and Up
1 Year
and Up
and Up
* NOTE: The DUI School includes a substance abuse evaluation and completion of any recommended counseling/treatment. Most likely, you will have a probation condition of no consumption of alcohol or illegal drugs with random drug/alcohol testing.
Second DUI Outside 5 Years
To determine whether an offense is outside or within the 5 year time frame, you take the first DUI conviction date and the current DUI arrest date.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$1000
6 Months
None
Level 2
50 Hours
180 Days
10 Days
1 Year
Maximum
$2,000
1 Year
9
Level 2
and Up
1 Year
and Up
and Up
second DUI Outside 5 Years over .15
These are the enhanced penalties for over .15 breath test or having a minor in the vehicle. The enhanced penalties include an increased fine, longer jail time and ignition interlock period.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$2,000
6 Months
None
Level 2
None
180 Days
10 Days
2 Year
Maximum
$4,000
1 Year
1 Year
Level 2
and Up
1 Year
and Up
and Up
Second DUI Within 5 Years
To determine whether an offense is outside or within the 5 year time frame, you take the first DUI conviction date and the current DUI arrest date.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$1,000
1
1
Level 2
None
5
30 Days
1 Year
Maximum
$2,000
1 Year
9
Level 2
and Up
a
and Up
and Up
Second DUI Within 5 Years Over .15
These are the enhanced penalties for over .15 breath test or having a minor in the vehicle. The enhanced penalties include an increased fine and a mandatory 10 days jail and longer jail time.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$2,000
1 Day
1
Level 2
None
5 Years
30 Days
2 Years
Maximum
$4,000
1 Year
1 Year
Level 2
and Up
and Up
and Up
and Up
Third DUI Outside 10 Years
To determine whether an offense is outside or within the 10 year time frame, you take the second DUI conviction date and the current DUI arrest date.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$2,000
1 Day
None
Level 2
None
180 Days
10 Days
2 Years
Maximum
$5,000
1 Year
1 Year
Level 2
and Up
and Up
and Up
and Up
Third DUI Outside 10 Years Over .15
These are the enhanced penalties for over .15 breath test or having a minor in the vehicle. The enhanced penalty is a minimum mandatory fine.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$4,000
1 Day
None
Level 2
None
180 Days
10 Days
2 Years
Maximum
$5,000
1 Year
1 Year
Level 2
and Up
and Up
and Up
and Up
Third DUI Within 10 Years
These are the enhanced penalties for over .15 breath test or having a minor in the vehicle. The enhanced penalty is a minimum mandatory fine.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$1,000
1 Day
30 Days*
Level 2
None
10 Years
10 Days
2 Years
Maximum
$5,000
1 Year
1 Year
Level 2
and Up
and Up
and Up
and Up
Third DUI Within 10 Years Over .15
These are the enhanced penalties for over .15 breath test or having a minor in the vehicle. The enhanced penalties include an increased fine and a mandatory 30 days jail.
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$4,000
1 Day
30 Days*
Level 2
None
10 Years
90 Days
2 Years
Maximum
$5,000
1 Year
1 Year
Level 2
and Up
and Up
and Up
and Up
Fourth DUI (Misdemeanor)
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$2,000
1 Day
30 Days
Level 2
None
Permanent
10 Days
2 Years
Maximum
$5,000
1 Year
1 Year
Level 2
and Up
Permanent
and Up
and Up
Fourth DUI (Felony) Over .15
Fine
Probation
Jail
DUI School*
Community Service
DL Suspension
Impoundment
Ignition Interlock
Minimum
$2,000
1 Day
30 Days
Level 2
None
Permanent
10 Days
2 Years
Maximum
$5,000
5 Years
5 Years
Level 2
and Up
Permanent
and Up
and Up
Arrested for DUI?
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.
The following charts may not contain all possible penalties for DUI offenses. To know the most current DUI penalties, you should contact DUI Lawyers Murphy & Downs.