DUI in Melbourne, FL: the Brevard County court, the deadlines and choosing a lawyer
A drunk driving arrest in Melbourne — Florida charges it as DUI, driving under the influence — runs on two clocks at once. The criminal case goes to the Brevard County court, and your license is handled separately by the state. That second deadline is the short one, and it does not wait for your court date.
Brevard County handles DUI cases from Melbourne
Melbourne lies in Brevard County. The city has about 86,960 residents, and local practice matters more than most people expect: prosecutors in one county run diversion programs that the next county does not offer, and the judges who hear these cases week after week have known preferences on sentencing.
This is the practical argument for hiring locally rather than by search ranking. An attorney who appears in Brevard County regularly knows which prosecutor is handling the docket and what a realistic outcome looks like there — knowledge that does not transfer from a neighboring county.
How common drunk driving cases are in Brevard County
Federal crash records show what the county deals with. It is worth knowing before your first hearing, because it shapes how routinely local prosecutors handle these cases — and how little novelty your argument will have.
Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts fatal crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 BAC measure and therefore understates the real figure. Brevard County sits at or below the Florida average. Counties inside one state are broadly comparable, because testing practice is set at state level; comparing across state lines is not, and we do not do it here.
What a conviction triggers, whatever the county
These follow the conviction itself and are not negotiable with a prosecutor. Knowing them is how you judge whether fighting the charge is worth the cost.
- Interlock term: Court discretion on a plain first conviction; at least 6 months at 0.15% or with a minor in the car. Second conviction 1 year (2 years at 0.15%), third 2 years, fourth or more 5 years
- Lockout threshold: Set by the device specification approved by the department
- Program run by: Florida Department of Highway Safety and Motor Vehicles
- Device cost in Florida: not published by Florida — nationally about $70 a month
What each step carries in Florida: first offense penalties in Florida, second offense penalties in Florida and when it becomes a felony penalties in Florida.
Source: www.flhsmv.gov · checked 2026-08-23
Where you install the interlock in Melbourne
Florida only accepts devices from providers it has approved, so this is not a job for any garage. These are the certified installers we have on file.
What a Melbourne DUI attorney actually handles
«DUI lawyer» covers several different fights. Which one you are in decides what the first consultation should be about.
What each of these means under Florida law →
Injured by a drunk driver, not charged?
That is a different area of law. A defense attorney represents the person facing the charge; a claim for injuries or the loss of a family member is handled by a personal injury attorney, and the two rarely overlap in one firm. Search for a personal injury or wrongful death attorney in your county rather than a defense lawyer.
What happens, and when
Exact windows are set by Florida law, and the first one is short enough to miss while you are still deciding what to do. Confirm yours with an attorney licensed there.
- 1The administrative clock starts immediatelyUsually 7 to 30 days
- 2Your first court appearanceDays to weeks after arrest
- 3Evidence and negotiationWeeks to months
- 4Resolution and what followsVaries widely
Other cities within reach of Melbourne
Distances are straight-line from the center of Melbourne. If your stop happened outside the city limits, the case follows the county line, not the city one.
Asked about DUI cases in Melbourne
Where is a Melbourne DUI case heard?
Melbourne sits in Brevard County, so a DUI arrest here is normally prosecuted in that county's court. Some Florida municipalities run their own courts for lesser traffic offenses, and which court you land in affects both timing and local practice — an attorney who appears there regularly will know which.
How much does a DUI lawyer cost in Melbourne?
Fees are set by the individual firm, not by Florida, and vary with whether the case is resolved by plea or goes to trial. Most attorneys give the first consultation free, so the useful first step is establishing what your case actually involves before discussing price.
Do I need a DUI attorney if I plan to plead guilty in Melbourne?
The license side of a drunk driving case moves separately from the criminal case and on a much shorter clock: Florida sets the interlock requirement at court’s discretion. Pleading guilty does not pause that deadline, which is why the first consultation is normally about the license, not the plea.
Where do I install an interlock after a Melbourne conviction?
There are 5 certified installers in Melbourne. Florida requires the device to come from a provider the state has approved, so the choice is between approved providers, not between any auto shop.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.
All Florida DUI lawyer pages →What Florida law says about DUI →