DUI in Melbourne and Titusville, FL
Reputable DUI Defense
You made the wrong decision and chose to get behind the wheel while impaired; now you are facing consequences that put your freedom and liberties at risk. While this may be an overwhelming time, the first line of defense is to pursue reputable legal backing with Onek & Mawn, P.A.’s reputable DUI defense attorneys.
Types of DUI Charges in Florida
A DUI charge can fall into one of three categories. The first is a DUI offense with a breath test less than 0.15%. This charge can result in up to six months in jail, a minimum fine of $500, community service, vehicle immbolization, DUI level 1 school, the victim awareness program and loss of license of up to 1 year. In contrast, an aggravated DUI requires a BAC of over 0.15% and can result in up to nine months in jail, fines of $1,000-$2,000, loss of license for one year, and a mandatory interlock system.
The third type of DUI charge is known as a “refusal.” This DUI involves the defendant’s refusal to take a lawful breath test. A second refusal of a breath test may result in an additional criminal charge. It should be noted, refusing a breath test will make it more difficult for the State to seek a criminal conviction; however, the administrative consequences of a refusal may cause one to lose their driving privileges for a greater period of time. A refusal will generally have similar criminal penalties as a DUI with a breath test less than 0.15%
What to Expect When Facing a DUI
DUI convictions may vary by case. However, there are a few things you can expect, beginning with legal proceedings. You will be required to appear in court to determine the penalties for your case. As DUI convictions can be complex matters, it’s imperative to consult a reputable DUI attorney to help you strategically plan your legal proceedings to ensure a lesser penalty.
DUI Convictions and Sentencing
Florida penalties for first-time DUI convictions may include:
• Adjudication of guilt
• 12 months of supervised probation
• Up to six months in jail (more for a breath test of 0.15% or higher)
• A minimum of a $500 fine plus court costs
• Loss of driver’s license for up to one year with the possibility of a business purpose-only license
• Mandatory 12-hour DUI level one school
• Dependency treatment
• Victim awareness program
• 10-day vehicle impoundment
• Drug and alcohol testing
• Installation of an interlock device for a breath test of 0.15%or higher
• 50 hours of community service
However, if this is not your first DUI conviction, the penalties become more severe. Second-time offenders will be subject to heightened fines and extended jail time, and longer periods with an interlock system or suspended license. Additionally, fourth-time offenders will be charged with a felony.
Due to a 1990 Supreme Court decision, citizen protection outweighs a driver’s Fourth Amendment rights. This means that in the case of a checkpoint, you can legally be subject to search and seizure. If you are arrested and charged with a DUI at a checkpoint, there are certain specifications that may help your case. The procedure for checkpoints must be strictly carried out by law enforcement, and failure to do so enables a driver to challenge their charges based on the law enforcement checkpoint violations.
Defending Clients in Criminal Court and DUI Hearings
In Florida, you have 10 days to file an Administrative Hearing before your driver’s license is suspended. Therefore, it is critical to act quickly and obtain experienced legal representation for your DUI case, and Onek & Mawn, P.A., is here to provide just that. With over 76 years of combined criminal defense experience, our DUI attorneys will fiercely defend your rights and best interests, ensuring you receive a fair and reasonable trial and outcome.
DUI Defense Attorneys Onek & Mawn, P.A. Can Help
If you or a loved one has been arrested for a DUI, DUI Manslaughter, DUI with Property Damage, or DUI with Personal Injury in Melbourne, Titusville, or neighboring counties, Onek & Mawn, P.A., is here to defend your rights and freedom with exceptional DUI defense representation. Contact us today to schedule your free consultation.