melbourne criminal attorney: What to Do After an Arrest
Need a melbourne criminal attorney? Learn what happens after arrest, DUI refusal issues, and defense steps. Call 1-844-967-3536 for help.
Vasquez Law Firm
Published on January 30, 2026
melbourne criminal attorney: What to Do After an Arrest (and How to Protect Your Rights)
If you are searching for a melbourne criminal attorney, chances are you or someone close to you is facing a scary moment—an arrest, a DUI stop, or a call from a detective. The first hours matter. What you say, what you sign, and how fast you act can shape your case, your driver’s license, and even your job.
At Vasquez Law Firm, PLLC, we help people understand the criminal process in plain English and take clear steps toward a strong defense. Attorney Vasquez has 15 years of experience and is admitted to the North Carolina State Bar and the Florida Bar. Se Habla Español.
Worried about what happens next? Talk to a defense team about your options before you make decisions that are hard to undo. Call 1-844-967-3536 or request a confidential case review here: /contact. Se Habla Español.
What This News About Breath-Test Refusal Means in Florida
Recent coverage highlighted how New Jersey handles DUI breath-test refusal penalties, focusing on a specific refusal statute. You can read the news item here: news coverage on DUI breath-test refusal penalties.
Even though that story is about New Jersey, the takeaway applies anywhere: refusing a breath test can trigger separate penalties beyond the DUI itself. If you are looking for a melbourne criminal attorney, you should understand how Florida treats refusals, license suspensions, and what officers can (and cannot) demand during a stop.
New Jersey vs. Florida: Same idea, different rules
Every state writes DUI refusal laws differently. New Jersey’s refusal penalties come from its own statute. In Florida, refusal issues are mainly tied to the state’s implied consent law.
- New Jersey: Refusal penalties can be charged and punished under state-specific refusal provisions.
- Florida: Refusal can lead to administrative license suspension and, in some situations, can become a separate criminal issue (especially with prior refusals).
Why this matters if you were stopped near Melbourne
Traffic stops can move fast. Officers may ask for field sobriety exercises, then request a breath test. The “right” move depends on the facts, your driving history, and whether the stop and arrest were lawful.
A melbourne criminal attorney can review the police reports, body camera video, and breath-testing procedures to look for errors that reduce charges or support suppression of evidence.
How it can affect drivers across Central Florida
Many people live in one city and work in another. If you commute through Central Florida—whether you are heading toward orlando for work or visiting family—one arrest can affect your license, insurance, and employment across county lines.
Florida DUI Stops and Breath Tests: The Basics You Need to Know
Florida DUI cases often rise or fall on procedure. That includes the reason for the stop, how the officer handled the investigation, and the reliability of chemical testing.
Florida’s implied consent rule (plain English)
Under Florida’s implied consent framework, drivers generally agree to submit to approved chemical tests if lawfully arrested for DUI. Refusing can result in license consequences.
Key Florida statutes to know:
- Fla. Stat. § 316.1932 (Implied consent; refusal; license suspension)
- Fla. Stat. § 316.193 (Driving under the influence; penalties)
Common refusal penalties in Florida
Refusal penalties can be severe even when there is no crash. A defense lawyer will also look at whether the officer properly warned you about consequences.
- First refusal: typically a license suspension (often 1 year).
- Second or subsequent refusal: typically a longer suspension (often 18 months) and may be treated as a separate offense under certain conditions.
- Refusal evidence: prosecutors may try to use refusal as consciousness of guilt, depending on the facts and motions filed.
Your constitutional rights during DUI testing
Not every search is automatic. Courts have placed limits on warrantless blood draws. A widely cited U.S. Supreme Court case, Birchfield v. North Dakota (2016), discusses when states can penalize refusal and the difference between breath and blood testing.
If you are consulting a melbourne criminal attorney, ask how they evaluate:
- Whether the stop was lawful (reasonable suspicion)
- Whether the arrest was lawful (probable cause)
- Whether testing was properly requested and administered
From Arrest to Arraignment: What Happens in a Florida Criminal Case
People often feel lost after release. Knowing the steps reduces panic and prevents mistakes that make the case harder to defend.
The first 24 hours: release conditions and “no contact” orders
After an arrest, you may be released on bond or held for a first appearance. Conditions can include travel limits, alcohol restrictions, or no contact orders (common in domestic violence allegations).
If you are driving back and forth to orlando for work, you must follow any travel and reporting rules. Violations can lead to re-arrest.
Arraignment: not the time to “just explain”
At arraignment, the court tells you the charge and asks for a plea. Many people want to explain what happened. In most cases, it is safer to let your attorney speak and to focus on building a defense plan.
Discovery: where strong defenses are built
Discovery is the evidence exchange stage. It can include:
- Body-cam and dash-cam footage
- 911 calls
- Breath test logs and maintenance records
- Witness statements
- Accident reconstruction (if a crash occurred)
A melbourne criminal attorney should be ready to file motions to suppress unlawful stops or unreliable testing, and to challenge weak identifications or flawed investigations.
Defense Strategies a Melbourne-Area Criminal Attorney May Use
No ethical lawyer promises results. But a good defense follows a method: identify legal issues, attack weak proof, and negotiate from strength.
DUI defenses: stop, impairment proof, and testing problems
Common DUI defense angles include:
- Unlawful stop: no valid reason to pull you over.
- Field sobriety issues: uneven surfaces, medical conditions, poor instructions, or language barriers.
- Breath testing reliability: calibration, operator errors, mouth alcohol, timing issues.
- Rising BAC defense: alcohol level may rise after driving.
Drug and weapon charges: possession, intent, and searches
Drug cases frequently turn on searches—traffic stop searches, consent searches, and whether police had legal grounds. Weapon cases may hinge on lawful possession, concealed carry issues, or constructive possession allegations.
For general court system information, see the official court resources at Florida Courts.
Domestic violence and violent crime accusations: fast action matters
Domestic violence allegations can trigger immediate no-contact orders, firearm restrictions, and home removal—even before guilt is proven. Witness statements taken in the first days often shape the entire case.
Mid-case reminder: If you are feeling pressured to “handle it yourself,” don’t. Get guidance early so you do not accidentally violate an order or make statements that hurt your defense. Call 1-844-967-3536 or message us at /contact. Se Habla Español.
Choosing the Right melbourne criminal attorney (Even If You Live in Orlando)
Many people searching online are comparing lawyers late at night, trying to figure out who they can trust. Here is what to look for—whether your case is based in Brevard County or you live closer to orlando.
Questions to ask before you hire anyone
- How many criminal cases like mine have you handled?
- What defenses do you see based on the arrest story?
- Will you request and review video and testing records?
- How do you handle negotiations and trial prep?
- What should I do this week to protect my case?
E-A-T signals that matter in criminal defense
Google may call it E-E-A-T. Clients call it credibility. Look for:
- Experience: Attorney Vasquez brings 15 years of criminal defense work.
- Credentials: admitted to the North Carolina State Bar and the Florida Bar.
- Clear communication: simple explanations, realistic expectations, and written next steps.
- Access: a team that answers questions quickly and helps you prepare for court.
Serving Central Florida clients with real-world needs
Even if your job, school, or family is based in orlando, a criminal case in another county can still threaten your license, professional certifications, and immigration status. The right plan considers the ripple effects, not just the next court date.
Learn more about our Criminal Defense services and how we approach strategy, evidence review, and negotiation.
Next Steps After an Arrest: A Practical Checklist
If you take nothing else from this guide, take this: your case is not only about what happened—it is about what can be proven, and whether police followed the rules.
What to do immediately (today)
- Write down everything: times, locations, officer names, what was said, and who was with you.
- Preserve evidence: receipts, rideshare records, text messages, photos of injuries, and witness contacts.
- Do not discuss the case on social media or with coworkers.
- Follow all release conditions to the letter.
What not to do (common mistakes)
- Trying to “clear it up” by calling the officer or detective back alone
- Assuming the first plea offer is the best offer
- Missing deadlines for driver’s license review after a DUI arrest
How Vasquez Law Firm, PLLC helps build your defense
Vasquez Law Firm, PLLC focuses on criminal defense and case planning that is built around evidence. We help clients understand:
- The elements the state must prove
- Which motions may apply (suppression, exclusion, discovery enforcement)
- Negotiation options and trial risks
- How a case can affect employment, driving privileges, and reputation
Meet our team and background here: Attorney Vasquez.
Frequently Asked Questions (FAQ)
1) Should I refuse a breath test in Florida?
There is no one-size-fits-all answer. Refusal can trigger license suspension and may be used against you in some cases. A lawyer can evaluate the stop, the officer’s warnings, and whether the DUI investigation was lawful under Fla. Stat. § 316.1932.
2) Can a DUI be dismissed because the stop was illegal?
Yes, sometimes. If the officer lacked reasonable suspicion for the stop, key evidence may be suppressed. Suppression can significantly weaken the state’s case and may lead to dismissal or a reduced charge.
3) What is the difference between criminal court and DMV license action?
They are separate processes. A DUI arrest can create an administrative driver’s license suspension even before the criminal case ends. Deadlines can be short, so quick legal advice is important.
4) How long will a criminal case take?
It depends on the charge, the court’s schedule, and whether the case resolves by negotiation or trial. Misdemeanors may resolve faster than felonies, but evidence issues can extend timelines.
5) If I live in Orlando, can I still hire your firm for a Melbourne-area case?
Yes. Many clients we assist are based in orlando and travel for work or family. We help you understand court requirements, deadlines, and practical steps so you do not miss critical hearings or violate conditions.
6) What should I bring to my first meeting with a defense attorney?
Bring any paperwork you received (citation, bond sheet, notice of suspension), a timeline of events, witness names, and any photos or messages related to the incident. The more details you provide, the faster your attorney can spot defenses.
Ready to protect your record and your future? If you need guidance from a melbourne criminal attorney who will take your case seriously and explain your options clearly, call 1-844-967-3536 now or request a consultation at /contact. Se Habla Español.
Disclaimer: This article is for general information only and does not create an attorney-client relationship. Laws change and outcomes depend on specific facts.
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Vasquez Law Firm
Legal Team
Our experienced attorneys at Vasquez Law Firm have been serving clients in North Carolina and Florida for over 20 years. We specialize in immigration, personal injury, criminal defense, workers compensation, and family law.
