If you have been arrested for dUI, we will help you.

DUI LAWYERS IN
BREVARD COUNTY

DON'T GO THROUGH THIS ALONE.

Why is knowing the penalties for DUI important?

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 defense with Murphy's 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. John C. Murphy 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.

The John C. Murphy has 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. I will help you understand the possible consequences you face and maximize your chances for a successful defense. In some cases, I am able to reduce a DUI charge to a Reckless Driving, a lesser charge with less severe penalties. I have also been able to get some DUI charges dropped. I 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. I 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.

I have drafted a 5 step action plan you should take after a Brevard DUI arrest. Click here to understandwhat steps you need to take before more bad things happen to you and your driving priviledge. I call this the Post DUI Action Plan.

DUI is a criminal offense. If you want the best DUI defense possible, John C. Murphy 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.

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.

Read More »

8 Things to Know Before a 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.

Read More »

Bail Bond 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.

Read More »

Murphy's Law Office defends

Arrested for DUI?
we 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 Lawyer John C. Murphy.

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 Lawyer John C. Murphy.