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Brevard County DUI Lawyer

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Viera, FL DUI Lawyer

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Melbourne, FL DUI Lawyer

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Rockledge, FL DUI Attorney

Have you been accused of  committing a DUI ? Let us help! Call today for your free initial consult!

 

Viera , FL DUI  Lawyer

 

Were you or your loved one arrested in Viera, FL for driving under the influence, known as a DUI? Attorney Mario Musil can assist you finding the best possible solution to help defend your rights and freedoms. We represent clients charged with DUI after a breath test, blood test, urine test, or a refusal to submit to testing. Many of these drunk driving cases have the potential for enhanced penalties because of property damage, having a BAC over .15, driving with a child passenger, or having a prior DUI conviction.  First time DUI Offenders may be eligible for a special program created to help resolve your case quickly and fairly.

 

Brevard County First Time DUI Offenders.

An experienced DUI Lawyer can determine whether or not you may possible qualify for the first time DUI offender program in Brevard County. This program allows you to resolve your case with a reduction in your charges in exchange for community service hours and other conditions.

 

The details of the program are as follows:

BREVARD COUNTY 1st TIME D.U.I. OFFENDER PROGRAM

If you have been charged with Driving Under the Influence, you may be eligible for the Brevard County 1st Time D.U.I. Offender Program. If your eligibility for this program is approved by our D.U.I. filing division, you will be required to perform three pre-conditions (and stay “crime-free”) within a two-month time frame in order to obtain a State-approved plea to Reckless Driving. The three pre-conditions are:

1. Successful performance of 20 community service hours;
2. Proof of enrollment or successful completion of the DUI School;
3. Proof of enrollment or successful completion of the Victim Impact Panel or YouImpact Online Course (www.youimpact.com)
If you successfully complete ALL pre-conditions of our program within the specified time frame, the State of Florida will offer the following resolution of your criminal case (with the completed conditions being credited towards probation):

 Plea of guilty to Reckless Driving (adjudication will be withheld)
 Probation for either an 6-month or 9-month period, with conditions based on “Tier” level assigned
This plea resolution must be entered at the Arraignment stage or 1st Docket Sounding stage of the case at one of the courthouses (Viera, Titusville, or Melbourne). This plea resolution must also be entered prior to the litigation of any pretrial motions.
Upon successful completion of probation, you will not receive any points against your license. However, if you fail to successfully complete probation, you could be found guilty of a probation violation, which carries a penalty of up to 90 days in jail and up to a $500 fine.

PROGRAM ELIGIBILITY CRITERIA*
 No cases involving Defendant breath samples over the 0.2500 B.A.C. mark
 No cases involving accidents
 No cases involving minor children / animals in Defendant’s vehicle
 No cases involving Defendants with prior commission(s) of similar offenses
 No cases involving Defendants who have received prior formal diversion programs (excluding juvenile diversion programs)
 No cases involving Defendants who have served prior prison sentences
 No cases where Defendants did not have valid driver’s licenses at time of offense
 No cases where there are accompanying felony/misdemeanor charges or accompanying drug/paraphernalia charges with D.U.I. arrest
*NOTE: ALL CASES are evaluated on an individual, fact-specific basis, notwithstanding the above criteria. A defendant’s eligibility is determined at the sole discretion of the D.U.I. filing unit, and may be based on relevant factors not mentioned above.

 

BREVARD COUNTY 1st TIME D.U.I. OFFENDER PROGRAM

TIER 1 – (6) SIX MONTH PROBATION CONDITIONS
B.A.C. LEVELS BELOW 0.150

 Plea of Guilty to Reckless Driving F.S. § 316.192(5) – adjudication withheld
 Probation for period of six (6) months, pursuant to F.S. § 948.15
 CONDITIONS OF PROBATION:

o $100 Fine; Standard court costs; cost of prosecution and cost of investigation
o $400 donation to the Children’s Advocacy Center of Brevard
o Proof of successful completion of DUI School
o Successful completion of any DUI school recommended alcohol/substance abuse treatment
o Successful completion of twenty (20) total community service hours at approved location(s)
o Proof of successful completion of Victim Impact Panel or YouImpact
online course (www.youimpact.com)
o No possession or consumption of alcohol/illegal drugs/non-prescribed drugs during probation
o Random alcohol/drug testing conducted by probation at Defendant’s expense

 

 

 

TIER 2 – (9) NINE MONTH CONDITIONS
B.A.C. LEVELS BETWEEN 0.150 AND 0.250 & BREATH TEST REFUSALS
 Plea of Guilty to Reckless Driving F.S. §316.192(5) – adjudication withheld
 Probation for period of nine (9) months, pursuant to F.S. § 948.15
 CONDITIONS OF PROBATION:
o $100 Fine; Standard court costs; cost of prosecution and cost of investigation
o $400 donation to donation to the Children’s Advocacy Center of Brevard
o Proof of successful completion of DUI School
o Successful completion of any DUI school recommended alcohol/substance abuse treatment
o Successful completion of fifty (50) total community service hours at approved location(s)
o Proof of successful completion of Victim Impact Panel or YouImpact
online course (www.youimpact.com)
o No possession or consumption of alcohol/illegal drugs/non-prescribed drugs during probation
o Random alcohol/drug testing conducted by probation at Defendant’s expense
o Immobilization of Defendant’s vehicle for ten (10) days.

 

 

 

Phases of a DUI in Melbourne, FL.

 

A Melbourne, FL DUI Lawyer can help you navigate through the various stages of a Driving under the Influence Charge in Melbourne, FL or anywhere in Brevard County.

The typical timeline of a DUI case in Melbourne, FL is as follows:

  1. Traffic Stop
  2. DUI Investigation
  3. Arrest
  4. 24 Hour Hearing to determine bond.
  5. Arraignment – you are formally told of your charges.
  6. Docket Sounding – to determine the stage and posture of the case
  7. Pre-Trial Conference  to determine the order of trials and admissible evidence 
  8. Possible Jury or non-jury trial.

Effects of a DUI in Brevard County on Immigration Status

 

A DUI charge in Melbourne, FL can have serious consequences on the immigration status of a non-citizen. It is important to determine whether the facts or the outcomes of your case will affect your status here in the USA. Whether you have a green card, student visa or an H1B visa, a DUI or any other crime in Brevard County can have devastating consequences on your ability to remain here in the USA.  Immigration Attorney Mario Musil practices both Immigration Law and DUI Law and can advise you of the best possible strategy to achieve the best outcome in your DUI Case.  A qualified Melbourne, FL DUI Lawyer can help you and your family preserve your freedoms but also your ability to remain in the United States. 

 

BREVARD COUNTY D.U.I. Rehab Options

 

  For drivers with prior DUI or related convictions and/ or other aggravating factors such as a crash, personal injury or having a child in the vehicle, the State Attorney’s Office may be seeking to impose significant jail or even prison time in your case. In these types of situation, a DUI Lawyer can assist you seeking a resolution that would involve a rehabilitation facility instead of a jail sentence.

 

Some Frequently Asked Questions:

How much does a DUI Lawyer Cost?
Each case is different and therefore the costs may be different. Call us for a free initial consultation to determine the price of your case. 


Who is the BEST DUI Lawyer in Brevard County?
This is a very personal question that can only be answered by a client. Is the attorney someone you are confident with, do they respond to you? Are they competent in the law? Do they have good reviews? At The Musil Law Firm, we strive to be the best possible DUI lawyer for your particular situation.

Are DUI attorneys worth it?
The answer to this question may be a bit biased, but avoiding the consequences or minimizing the consequences of a DUI is very much worth the price of a DUI Lawyer. How would your life be affected if you had to spend 10, 20, 30 or 100 days in Jail? Will you be able to continue your employment or find new one with a DUI conviction? Will you be able to support yourself and your family without a driver’s license? All of these are issues that a Brevard County DUI Lawyer can help address for you, and would therefore be worth the price and effort.

Can a DUI be expunged?
A conviction of DUI in Florida cannot be expunged. This is why it is crucial to have a DUI Lawyer review your case for best possible defenses. If the charges are dropped, reduced or beat in trial, there is the possibility they may be expunged or sealed.

How does a DUI Affect your life? Can A DUI ruin your life?
A DUI charge that is not properly addressed can affect your life in many ways, from losing your ability to drive, to losing your freedom and having to serve jail time, pay fines, increased insurance costs etc. Having a DUI Lawyer can help ensure that the consequences of your charges are as small as possible.

Can you be charged with a DUI when not driving or while parked?
Yes, it is possible to be charged with DUI when you are in physical control of the vehicle and not driving when approached by police. A DUI lawyer could assist you in finding defenses in this situation.

Can a DUI be a Felony?

Yes, a third DUI in Florida is a felony as are DUIs with significant bodily injury or death. If your DUI is a felony, it is extremely crucial to have an experience Melbourne FL DUI Lawyer assist you in your defense to help preserve your rights and freedoms.

 

Can DUI Charges be Dropped? Can DUI Charges get Dismissed?

Yes, depending on the facts of your case, a DUI charge can be reduced, dismissed or dropped. For example, were you illegally pulled over, or was an illegal search conducted? In such situations, the evidence in your case may be suppressed, leading to the case being dropped, reduced or dismissed.  Speak to a Melbourne, FL DUI Lawyer to determine the best strategy for your defense.

 

 

 Contact Us Today !

 Having the right help to deal with your DUI case can help avoid or reduce significant impacts on your life and your freedoms. Contact a Viera, FL DUI lawyer today to help you by calling 321 252 4396 or by filling out our free consultation questionnaire 

 

 

 

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Brevard  County DUI Resources