Tag Archives: FL DUI Attorney

DUI School Information for Melbourne, FL & Palm Bay, FL

Arrested for DUI in Melbourne, FL or Palm Bay, FL and want to know the specifics?

Contact Attorney Eric A. Morgan at Morgan Law, P.A. DUI in Melbourne, FL – Palm Bay, FL for a free consultation: (321) 253-6223 or visit our site through this link.

Level One or Level I DUI School in Brevard County, Florida (Melbourne, FL & Palm Bay, FL)
First offenders take the Level 1 DUI Course. There are both Spanish and English versions of the course. The Brevard County DUI Level 1 course meets the statutory requirements of Florida State 316.192(4) and 316.193(5).
A judge may order a defendant to take the DUI Level 1 course for a variety of offenses, not just DUI. Sometimes people charged with Reckless Driving or Driving with Open Container will be ordered by Brevard County, FL judges in Melbourne, Titusville, or Viera to take the DUI Level 1 Course. People convicted of out of state driving charges may need to take the DUI Level 1 course in order to qualify for a Business Purpose Only driver’s license.

Level II DUI School in Melbourne, Florida & Palm Bay, Florida:
People convicted of a 2nd DUI must take the DUI Level II course. The course involves a psychological evaluation interview by a certified DUI instructor. Additionally, participants engage in 12 hours of classroom instruction about the dangers of impaired driving and the legal consequences suffered by Florida offenders.

Victim Awareness Program
In addition to taking either the DUI Level 1 Course or the DUI Level II course, defendants must complete the Victim Awareness Program.

Brevard County, Florida DUI School Locations:
There are two locations where Brevard residents may take the DUI courses, one in Melbourne, FL and one in Merritt Island, FL. The Melbourne, FL DUI School is located between Airport Boulevard and Babcock Street, off of Hibiscus Boulevard. People may register for the classes at either location from 8 a.m. to 5 p.m., Monday – Friday. Online registration is available. The Merritt Island, FL DUI School is located near the intersection of Courtenay Parkway and State Road 520 near Home Depot.

Melbourne, Florida DUI School:
1515 Elizabeth St.
Melbourne, FL 32901
Phone Number: (321) 952-5327 or (407) 847-4452
Fax: (321) 727-7429

Merritt Island, FL DUI School:
250 N. Courtenay Parkway
2nd Floor
Merritt Island, FL 32953
Phone Number: (321) 631-2347 or 
(407) 897-4429
Fax Number: (321) 639-2593

Registration Requirements for Level I or Level II DUI Schools
People registering for the Level I or Level II DUI School for Brevard County, must provide the following documents:

  • Driver’s license or photo identification
  • Driver’s license number
  • DUI citations and arrest affidavit
  • Traffic Crash Report (if a crash occurred)
  • breath or blood alcohol level (BAL) reading

After a defendant completes the required course, the Brevard County, FL DUI Schools will send proof of completion to the Court, the probation officer, and the Florida Department of Highway Safety & Motor Vehicles (DHSMV). The Brevard DUI Schools must report a failure to complete the requirements of either Level 1 or Level II courses, if they have not been completed within 90 days, potentially leading to suspension of one’s driver’s license.

Other Important DUI information for Residents of Melbourne, Florida & Palm Bay, Florida

Ignition Interlock Device – People who were especially intoxicated at the time of their DUI or people facing a second or third DUI charge are often ordered to pay for and install an ignition interlock device. The ignition interlock prevents a vehicle from being started until a breath sample is provided. When the device detects a breath alcohol reading of more than 0.05%, then the vehicle will not start.

SCRAM (Secure Continuous Remote Alcohol Monitor) – A SCRAM device allows law enforcement agencies to remotely monitor whether a person is impaired.

DUI stop in Florida…Agree to breath sample? Road side sobriety exercises?

For many people it is a nightmare come true: stopped by the police on the way home and arrested for driving under the influence.

In cases where there is an accident, or where a person is obviously completely drunk, there is often little doubt regarding an eventual outcome: mandatory DUI penalties as set out by the Florida Legislature. These may include probation, community service, fines, court costs, a driver’s license suspension, vehicle impoundment, driving courses, and so forth. Depending on the severity of the facts, some people may be sentenced to county jail.

The bottom line is that any evidence that will indicate that a person is impaired will be used against them. An admission of prescription drug use will be used against a person. Driving under the influence often occurs in Florida when people are intoxicated by their own medications.

If a person refuses to provide a breath sample, they will typically lose their license for 12 months. The fact that they refused to provide a breath sample can be mentioned in court. However, some people do not trust the calibration of the breath testing equipment. When a person has previously been arrested for DUI and refused a breath test, and subsequently is arrested again and refuses a second time, they can be charged with a crime: Second Time Refusal to Provide a Breath Sample. So the option to refuse, if used, is not really available again.

The second part of a DUI investigation will normally involve field sobriety exercises. People can elect to take part in the exercises or not. Often, there is no video of the exercises, so the police officer’s account of what happened is the only evidence of how well someone did. People who have medical conditions that might affect their performance are better off if they remember to mention their physical limitations. The fact that someone denied being ill or having any physical limitations can be used against them in court.

One of the main signs of impairment that police notice is the failure to follow the directions properly. For example, the police officer may instruct someone to stand on a certain leg. If the other one is used, then the failure to follow directions may be seen as a sign of impairment. The result is that people who are nervous and scared sometimes do less well on the tests simply due to the fact that they are not following the directions properly.

Do you have more questions? If so, visit http://SpaceCoastDefense.com or http://VolusiaDefense.com. We may be reached by phone at (321) 253-6223 or (386) 218-4973.

What Do You Think a Brevard County, Florida Jury Pool Should Look Like?

As I was leaving felony court in Viera this morning with my client, I saw the entire pool of jurors lining up in front of the elevators to go upstairs for voir dire, also called jury selection.

Out of fifty or sixty people, I saw a single Asian woman. Everyone else that had shown up was white, and most of them looked retired. There were no Hispanics, no African Americans, and no Indians.

This is probably not anyone’s fault. These are the people that showed up to take part in their civic duty and they deserve to be commended. My client, who is not white, said that seeing the panel confirmed his fears about getting a fair trial.

Man Attempts to Escape from Deland Courthouse After Judge Orders Him Detained

An Orange City man on pre-trial release failed a drug test during a court hearing and was ordered into custody by the judge–that’s when he decided to make a run for it. When court personnel attempted to handcuff him, he jumped over the jury box and over the bar, and tried to run out of the courtroom. A bystander tackled him. Two deputies were injured during the struggle.

The incident shows that court personnel face daily risks at the court house.

The man who was in court for misdemeanor charges, now faces felony charges.

Should people be incarcerated for drug offenses? Is it worth the public expense to house drug offenders in jails and prisons. What do you think?