AV Preeminent Peer Rated Attorneys
Melbourne Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Melbourne Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Melbourne Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Platt Hopwood Russell & Cole PLLC

4.2
21 Reviews

  • 175 E Nasa Blvd Ste 300, Melbourne, FL 32901

  • Law Firm with 1 lawyer2 awards

  • A law firm practicing dui/dwi law.

  • DUI/DWI LawyersPersonal Injury, Criminal Defense, and 5 more

Jack Platt
DUI/DWI Lawyer
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Bogin, Munns & Munns, P.A.

4.3
110 Reviews

  • 7195 Murrell Road, Suite 101, Melbourne, FL 32940+10 locations

  • Law Firm with 37 lawyers2 awards

  • Personal Injury, Commercial Litigation, Labor & Employment, Real Estate; Serving Central Florida for over 40 years.

  • DUI/DWI LawyersPersonal Injury, Bicycle Accidents, and 116 more

Matthew S. Boomershine
DUI/DWI Lawyer
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Dolman Law Group Accident Injury Lawyers, PA

4.6
32 Reviews

  • 6300 N. Wickham Road, Suite 118, Melbourne, FL 32940+15 locations

  • Law Firm with 5 lawyers1 award

  • Aggressive attorneys that fight for you. Call us today for your FREE case evaluation. We can help. 727-451-6900

  • DUI/DWI LawyersSpinal Cord Injuries, Brain Injury, and 237 more

Matthew A. Dolman
DUI/DWI Lawyer
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Tucker Mitnik P.A.

4.9
275 Reviews

  • 5425 Village Drive, Suite 105, Melbourne, FL 32955-6532

  • Law Firm with 2 lawyers3 awards

  • Experienced Melbourne matrimonial lawyers at Tucker Mitnik, P.A. develop an effective legal strategy and work hard to ensure a positive outcome for your case. Call us today!

  • DUI/DWI LawyersFamily Law, Divorce, and 204 more

Keith A. Mitnik
Shareholder
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Smith & Eulo Law Firm Criminal Defense Lawyers

4.4
57 Reviews

  • 1900 S Harbor City Boulevard, Suite 309, Melbourne, FL 32901+8 locations

  • Law Firm with 11 lawyers3 awards

  • Experienced, Effective Attorneys You Can Count On

  • DUI/DWI LawyersCriminal Defense, Felonies, and 19 more

  • Free Consultation

  • Offers Video

Ken Eulo Jr.
DUI/DWI Lawyer
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Deana Bell, PA

5.0
3 Reviews

  • 4740 Dairy Road, Suite 104, Melbourne, FL 32904

  • Law Firm with 1 lawyer1 award

  • Handling your life matters compassionately and effectively. Call today for a Free Initial Consultation--321-294-4452

  • DUI/DWI LawyersCriminal Law, Criminal Defense for DUI, and 42 more

  • Free Consultation

  • Offers Video

Deana Bell
DUI/DWI Lawyer
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Ernest L. Chang LLC

4.5
22 Reviews

  • 6767 N. Wickham Rd., Ste. 400, Melbourne, FL 32940

  • Law Firm with 1 lawyer3 awards

  • A law firm practicing dui/dwi law.

  • DUI/DWI LawyersCriminal Defense, Juvenile Law, and 1 more

Ernest Chang
DUI/DWI Lawyer
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East Coast Law, P.A.

5.0
97 Reviews

  • 1900 S. Harbor City Blvd. (Route #1) Suite 315, Melbourne, FL 32901

  • Law Firm with 2 lawyers2 awards

  • For over 18 years, firm founder, Wayne F. Jentis, Esq. has built a reputation for superior client service in a select range of legal areas. Experience has taught him what areas of... Read More

  • DUI/DWI LawyersFamily Law, Divorce, and 44 more

Wayne Jentis
DUI/DWI Lawyer
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Germain Legal

4.9
97 Reviews

  • 2715 North Harbor City Boulevard, Suite 3, Melbourne, FL 32935

  • Law Firm with 1 lawyer3 awards

  • Germain Legal: Empowering Justice in Brevard County Germain Legal, led by Attorney Mark Germain, is a distinguished legal firm dedicated to championing criminal defense and... Read More

  • DUI/DWI LawyersPersonal Injury, Automobile, Truck and Motorcycle Accidents, and 16 more

Mark Germain
DUI/DWI Lawyer
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Steven G. Casanova P.A.

4.8
22 Reviews

  • 2323 Souht Babcock Street, Melbourne, FL 32901

  • Law Firm with 1 lawyer3 awards

  • Whatever the Tide Brings Your Way, We're Here to Defend You.

  • DUI/DWI LawyersCriminal Defense, DUI, and 8 more

  • Free Consultation

Steven Casanova
DUI/DWI Lawyer
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Law Offices of Stephen K. Miller, P.A.

3.9
9 Reviews

  • 115 Hickory Street, Melbourne, FL 32904+11 locations

  • Law Firm with 1 lawyer1 award

  • The Law Offices of Stephen K. Miller, P.A. was founded in 1994 by Stephen K. Miller, Esq. Since that time, we have grown to a larger firm with multiple offices throughout Florida.... Read More

  • DUI/DWI LawyersPersonal Injury, Wrongful Death, and 18 more

Stephen K. Miller
DUI/DWI Lawyer
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Dan Newlin Injury Attorneys

4.8
548 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 20 lawyers3 awards

  • Commited to Excellence

  • DUI/DWI LawyersLiability Insurance Defense, Medical Malpractice Defense, and 11 more

  • Free Consultation

Lance Weber
DUI/DWI Lawyer
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Tucker Mitnik P.A.

4.9
275 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 2 lawyers3 awards

  • Experienced Melbourne matrimonial lawyers at Tucker Mitnik, P.A. develop an effective legal strategy and work hard to ensure a positive outcome for your case. Call us today!

  • DUI/DWI LawyersFamily Law, Divorce, and 204 more

Keith A. Mitnik
Shareholder
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Bogin, Munns & Munns, P.A.

4.3
112 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 37 lawyers2 awards

  • Personal Injury, Commercial Litigation, Labor & Employment, Real Estate; Serving Central Florida for over 40 years.

  • DUI/DWI LawyersPersonal Injury, Bicycle Accidents, and 116 more

Matthew S. Boomershine
DUI/DWI Lawyer
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Alpizar Law, LLC

4.9
24 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 4 lawyers2 awards

  • “ No Recovery – No Fee”

  • DUI/DWI LawyersPersonal Injury and Wrongful Death, Trials and Appeals in all State and Federal Courts, and 14 more

  • Free Consultation

  • Offers Video

David M. Alpizar
Partner
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Musca Law

4.3
56 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 35 lawyers1 award

  • Criminal Defense and DUI

  • DUI/DWI LawyersCriminal DUI-DWI Drunk Driving, Criminal Defense, and 49 more

Nicole E. Gaines
DUI/DWI Lawyer
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Gutin & Wolverton

4.7
85 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 2 lawyers2 awards

  • If you're charged with a crime - We can defend you.

  • DUI/DWI LawyersFelonies, Juvenile, and 91 more

Harley Gutin
DUI/DWI Lawyer
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Deana Bell, PA

5.0
3 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 1 lawyer1 award

  • Handling your life matters compassionately and effectively. Call today for a Free Initial Consultation--321-294-4452

  • DUI/DWI LawyersCriminal Law, Criminal Defense for DUI, and 42 more

  • Free Consultation

  • Offers Video

Deana Bell
DUI/DWI Lawyer
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The Pendas Law Firm

3.7
66 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 6 lawyers2 awards

  • Delivers solutions with auto accidents, medical malpractice, product liability, insurance claims, wrongful death and whistleblower claims. Our Vision: For our clients to have a... Read More

  • DUI/DWI LawyersPersonal Injury, Automobile Accidents, and 39 more

  • Free Consultation

Lou Pendas
Principal
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Norden Leacox Accident & Injury Law

5.0
48 Reviews

  • Serving Melbourne, FL and Brevard County, Florida

  • Law Firm with 4 lawyers2 awards

  • HELPING THE INJURED OBTAIN JUSTICE. Our experienced Orlando injury lawyers handle cases for victims wrongfully injured by the negligence of others. Let us fight for you and your... Read More

  • DUI/DWI LawyersPersonal Injury, Boat Accidents, and 33 more

  • Free Consultation

Zachary Leacox Esq.
Principal
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Rhoden Law Group

5.0
62 Reviews

  • 540 Montreal Avenue, Suite 117, Melbourne, FL 32935+2 locations

  • Law Firm with 2 lawyers3 awards

  • Rhoden Law Group stands as a distinguished establishment, born out of the collaboration between two esteemed local attorneys, Kenneth Rhoden, Esquire and Bonnie Klein Rhoden,... Read More

  • DUI/DWI LawyersFamily Law, Dissolution of Marriage (Uncontested, Contested, Aimplified), and 49 more

  • Free Consultation

Bonnie Klein Rhoden Esq.
Member
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Law Offices of Joseph G. Coluccio, P.A.

  • 7341 Office Park Place, Suite 105, Melbourne, FL 32940

Cleckner & Cleckner, P.A.

  • 7777 N. Wickham Rd., Ste. 12-411, Melbourne, FL 32940

Law Office of Jeffrey Thompson

  • 1329 Bedford Drive, Melbourne, FL 32940

Mario Gunde Peters & Kelley

  • 3210 N. Wickham Rd., Unit 3, Melbourne, FL 32935

Musca Law

  • 6767 North Wickham Road Suite 400 BB, Melbourne, FL 32940

Lawyers At This Firm

Lober, Brown & Lober, PLLC

  • 1329 Bedford Dr., Ste. 1, Melbourne, FL 32940

Albert & Donnelly, LLC

  • 6032 Farcenda Place, Suite 101, Melbourne, FL 32940

Lawyers At This Firm

P. Kent LeBlanc, P.A.

  • 3210 North Wickham Road, Suite 2, Melbourne, FL 32935

Henderson Legal Group

  • 6032 Farcenda Place, Ste. 101, Melbourne, FL 32940-7341

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Additional Resources

About our DUI/DWI Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
87 %

907 Client Reviews

PEER REVIEWS
4.3

612 Peer Reviews

User Resources

Lawyer Resources

Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Am I looking at mandatory jail time on first dui with hitand run

Russell Thomas Kirshy
Answered by attorney Russell Thomas Kirshy (Unclaimed Profile)
DUI/DWI lawyer at Russell T. Kirshy Attorney at Law
It sounds like you have been arrested for two misdemeanor offenses.  While I don't believe there is any mandatory jail sentence required for these offenses, you should really speak to an experienced criminal defense attorney as soon as possible.  Some counties may want jail time due to the hit and run.  If this occurred in Lee, Hendry, Charlotte, Desoto, Sarasota or Manatee counties, you can call my office and I will be happy to discuss it with you.
It sounds like you have been arrested for two misdemeanor offenses.  While I don't believe there is any mandatory jail sentence required for these offenses, you should really speak to an experienced criminal defense attorney as soon as possible.  Some counties may want jail time due to the hit and run.  If this occurred in Lee, Hendry, Charlotte, Desoto, Sarasota or Manatee counties, you can call my office and I will be happy to discuss it with you.
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Can I be charged with a DUI if the keys were outside of the car and the arresting officer smelled?

default-avatar
Answered by attorney Edward Jerome Blum (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Edward J. Blum
The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.
The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.
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Can I be charged with refusal if the officer ticketed me on it?

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Answered by attorney John A. O'Leary (Unclaimed Profile)
DUI/DWI lawyer at O'Leary Associates, P.A.
Yes. Need to make sure you got proper refusal form to request administrative hearing. The DUI issue is criminal the refusal issue is administrative. Call an attorney for a free consultation.
Yes. Need to make sure you got proper refusal form to request administrative hearing. The DUI issue is criminal the refusal issue is administrative. Call an attorney for a free consultation.
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