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DUI, Drunk Driving & BUI

No Brevard County DUI arrest is minor. Even first offense arrests have life long consequences.

If you appear before a Judge without an attorney you may plead guilty or be wrongly convicted on insufficient evidence.

I have defended HIGH BREATH, ACCIDENT, SECOND OFFENSE, THIRD OFFENSE AND REFUSAL DUI cases for 32 years. I have handled over 2,500 DUI cases. I appear before each DUI Judge on a weekly basis. I know how each Judge and prosecutor will treat your case.

You may think your DUI case is factually indefensible. Often the arresting officer lacked probable cause to stop your vehicle. Breath test and refusal cases can be “thrown out” if you were illegally stopped or detained.

More About DUI & Formal Review

Depending on the facts and circumstances of your case I may be successful in obtaining a plea bargain to a reduced offense, such as reckless driving. I will aggressively represent you at jury trial if I am unable to negotiate a “reckless plea” with favorable penalties. I have completed over 250 DUI jury trials, I represent drivers arrested for DUI in Cocoa Beach, Cocoa, Rockledge, Merritt Island, Titusville, Melbourne and throughout Brevard County.

Can you still drive?
How to keep your driver’s license pending trial?
What is a Formal Review hearing?
What is an Administrative Review hearing?
What is a hardship hearing?
How to get a work/hardship permit?
What evidence will be admissible at trial?
How to minimize the damaging effects of high breath test results and poor performance on field sobriety exercises?
How to avoid a six month, one, five or ten year driver license loss?
How to avoid becoming a habitual traffic offender?

These are questions I will answer during a free phone or office consultation.

Quick Law Review

316.193 Driving under the influence; penalties.—

  • (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
    • (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
    • (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
    • (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

  • (2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
    • 1. By a fine of:
      • a. Not less than $500 or more than $1,000 for a first conviction.
      • b. Not less than $1,000 or more than $2,000 for a second conviction; and
    • 2. By imprisonment for:
      • a. Not more than 6 months for a first conviction.
      • b. Not more than 9 months for a second conviction.

    • 3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
  • (b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
  • (b)2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
  • (b)3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.

  • (3) Any person:
    • (a) Who is in violation of subsection (1);
    • (b) Who operates a vehicle; and
    • (c) Who, by reason of such operation, causes or contributes to causing:
      • 1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
      • 2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • 3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:
        • a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
        • b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
          • (I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
          • (II) The person failed to give information and render aid as required by s. 316.062.
          • For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.
  • (4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:
    • (a) By a fine of:
      • 1. Not less than $1,000 or more than $2,000 for a first conviction.
      • 2. Not less than $2,000 or more than $4,000 for a second conviction.
      • 3. Not less than $4,000 for a third or subsequent conviction.
    • (b) By imprisonment for:
    • 1. Not more than 9 months for a first conviction.
    • 2. Not more than 12 months for a second conviction.
Note: The statute described herein is not complete and intended for conversation purposes only.
327.35 Boating under the influence; penalties; “designated drivers”.—

  • (1) A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:
    • (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
    • (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
    • (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

  • (2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
    • 1. By a fine of:
      • a. Not less than $500 or more than $1,000 for a first conviction.
      • b. Not less than $1,000 or more than $2,000 for a second conviction; and
    • 2. By imprisonment for:
      • a. Not more than 6 months for a first conviction.
      • b. Not more than 9 months for a second conviction.

  • (2)(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (2)(b)2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months.
  • (2)(b)3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • However, the fine imposed for such fourth or subsequent violation may not be less than $2,000.
  • (3) Any person:
    • (a) Who is in violation of subsection (1);
    • (b) Who operates a vessel; and
    • (c) Who, by reason of such operation, causes or contributes to causing:
      • 1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
      • 2. Serious bodily injury to another, as defined in s. 327.353, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • 3. The death of any human being commits BUI manslaughter, and commits:
        • a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
        • b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
          • (I) At the time of the accident, the person knew, or should have known, that the accident occurred; and
          • (II) The person failed to give information and render aid as required by s. 327.30.

      • This sub-subparagraph does not require that the person knew that the accident resulted in injury or death.

  • (4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vessel by a person under the age of 18 years, shall be punished:
    • (a) By a fine of:
      • 1. Not less than $1,000 or more than $2,000 for a first conviction.
      • 2. Not less than $2,000 or more than $4,000 for a second conviction.
      • 3. Not less than $4,000 for a third or subsequent conviction.
    • (b) By imprisonment for:
      • 1. Not more than 9 months for a first conviction.
      • 2. Not more than 12 months for a second conviction.
Note: The statute described herein is not complete and intended for conversation purposes only.

Compare My Affordable DUI and Formal Review Fees

Many DUI attorney’s advertising on the internet and by direct mail have never done a DUI trial. Many have only done a few DUI jury trials.

Many don’t have an office or any ties to Brevard County. Don’t be mislead by glitzy internet, yellow page, direct mail or billboard advertising. Don’t pay an inexperienced attorney $1,500 to $3,000 to plead you guilty to DUI. My first offense DUI fee starts at $1,000. My jury trial fee is an additional $1,000. My fee to file a motion to suppress illegally obtained evidence is $1,000.

My formal review hearing fee starts at $375 inclusive of the $25 DMV administrative fee. Your request for a formal review hearing must be filed within ten (10) days of your DUI arrest. Time is of the essence. Do not risk a six month, one year or eighteen month administrative license suspension by failing to timely hire me. Appearing at a formal review hearing without an attorney may cause you to lose your driving privilege on insufficient evidence. I have attended formal review hearings for over twenty years.

The formal review hearing can be used to your benefit. I will question the arresting officer under oath at the formal review hearing to “pin” his testimony down. Using this strategy, the arresting officer cannot ambush, embellish or testify differently at your DUI jury trial.

Contact Attorney Robert M. Marasco

Rockledge Law Office

Marasco Law Office
208 Hardee Lane
Rockledge, Florida 32955
(P) (321) 631-3476

Cocoa Law Office

Marasco Law Office
550 South Cocoa Blvd
Cocoa, Florida 32922
(P) (321) 433-3476

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