DUI Defense Brevard County: Melbourne, Titusville, and the Space Coast

By Jeff Lotter, Criminal Defense Attorney |
DUI Defense Brevard County Melbourne

Brevard County stretches 72 miles along Florida's Atlantic coast, from Titusville in the north to Palm Bay in the south. It's home to Kennedy Space Center, Cocoa Beach, Melbourne, and a sprawling network of causeways, beach roads, and barrier island communities. If you've been arrested for DUI on the Space Coast, you're dealing with a court system and enforcement environment that's genuinely different from what you'll find in Orlando or anywhere else in Central Florida.

Why You Need a DUI Lawyer Who Knows Brevard County

Brevard County is part of the 18th Judicial Circuit, which it shares with Seminole County. That means DUI cases are prosecuted by SAO-18 -- the same State Attorney's Office that handles Seminole County, but an entirely different office from the SAO-9 that covers Orange and Osceola counties. If your previous attorney experience is exclusively in Orlando courts, they may not know how SAO-18 approaches DUI cases.

But Brevard County adds another layer of complexity: two courthouses. Depending on where in the county you were arrested, your case could be assigned to either location.

Brevard County Court Locations

  • Harry T. and Harriette V. Moore Justice Center -- 2825 Judge Fran Jamieson Way, Viera, FL 32940 (serves central and south Brevard)
  • Brevard County Courthouse (North) -- 50 South Nieman Avenue, Titusville, FL 32796 (serves north Brevard)
  • Circuit -- 18th Judicial Circuit (shared with Seminole County)
  • Prosecution -- State Attorney's Office, 18th Judicial Circuit (SAO-18)

The Moore Justice Center in Viera handles the majority of Brevard County criminal cases, including most DUI cases from the Melbourne, Palm Bay, Cocoa Beach, and central Brevard areas. The Titusville courthouse handles cases from north Brevard, including Titusville, Cape Canaveral, and Merritt Island. Knowing which courthouse your case is assigned to -- and the judges and prosecutors who work there -- is fundamental to developing an effective defense strategy.

How DUI Cases Work in Brevard County Courts

The DUI criminal process in Brevard County follows Florida's general framework, but the local implementation has important differences from what you'd experience in Orange or Osceola County.

After arrest, you'll be booked into the Brevard County Jail Complex in Sharpes (between Cocoa and Titusville). Your first appearance hearing happens within 24 hours, where a judge sets bond conditions. The case is then assigned to a county court division at either the Moore Justice Center or the Titusville courthouse.

SAO-18 handles DUI prosecution in Brevard County. Because SAO-18 serves both Seminole and Brevard counties, there's consistency in general policy, but the individual prosecutors assigned to each courthouse develop their own familiarity with local judges and local patterns. An attorney who regularly appears at the Moore Justice Center has built relationships with the prosecutors and judges there -- relationships that matter when it's time to negotiate or argue motions.

One of the most significant advantages of facing a DUI in Brevard County is SAO-18's First-Time Offender Program. If you have a standard first-offense DUI -- no accident, no injuries, no extreme BAC -- you may qualify for this program. Upon successful completion, the DUI charge is reduced to Reckless Driving - Alcohol Related, and you receive a withhold of adjudication. That means no DUI conviction on your record.

Why This Matters

A withhold of adjudication on a Reckless Driving - Alcohol Related charge is a dramatically different outcome than a DUI conviction. A DUI conviction stays on your record permanently and cannot be sealed or expunged. A withheld adjudication on a reckless charge preserves your eligibility to seal or expunge the record down the road, avoids the DUI conviction label on background checks, and carries significantly less impact on your insurance, employment, and driving record. Not every county offers this path -- Brevard does.

Eligibility for the program is determined by SAO-18's policies, and the specific requirements -- DUI school, substance abuse evaluation, community service, ignition interlock, probation terms -- may differ from what you'd see in the 9th Circuit. Having an attorney who knows the program requirements and how to present your case for acceptance is critical.

As with all Florida DUI arrests, you have 10 days from your arrest date to request a formal review hearing with the DHSMV to challenge your administrative license suspension. This deadline applies regardless of which county you're in, and a local attorney can file this request immediately on your behalf.

Common DUI Arrest Patterns on the Space Coast

Brevard County's geography creates DUI enforcement patterns you won't find anywhere else in Central Florida. The county's barrier island communities, causeways, and beach towns create natural chokepoints and high-enforcement zones.

Brevard County Law Enforcement Agencies

  • Brevard County Sheriff's Office (BCSO) -- Unincorporated areas, barrier islands, major roadways, DUI enforcement operations
  • Melbourne Police Department -- City of Melbourne, downtown, Eau Gallie area
  • Cocoa Beach Police Department -- Cocoa Beach, A1A, spring break and cruise port enforcement
  • Titusville Police Department -- City of Titusville, north Brevard
  • Palm Bay Police Department -- City of Palm Bay, south Brevard. Arguably the most aggressive DUI enforcement agency in all of Florida.
  • Florida Highway Patrol (FHP) -- I-95, US-1, SR 528 (Beachline), SR 520, causeways

The causeways are where Brevard County DUI enforcement is most distinctive. The SR 520 causeway (Merritt Island to Cocoa Beach), the SR 404/Pineda Causeway, and the SR 528 Beachline all funnel traffic between the mainland and the barrier island. On weekend nights, officers from BCSO and FHP frequently position themselves near causeway approaches, watching for drivers leaving beach bars and restaurants. These are natural chokepoints where a single patrol car can observe every vehicle leaving the island.

Cocoa Beach and the A1A corridor see heavy DUI enforcement, particularly during spring break, holiday weekends, and cruise ship days at Port Canaveral. Cocoa Beach PD is experienced with DUI cases and their officers tend to write detailed arrest reports. The bars and restaurants along A1A generate significant late-night traffic, and enforcement is concentrated on the causeway approaches.

Downtown Melbourne's Eau Gallie Arts District and downtown area have developed into active dining and nightlife zones. Melbourne PD conducts regular DUI enforcement in the surrounding streets, particularly on US-192 (New Haven Avenue) and along Harbor City Boulevard.

I-95 through Brevard County is a major FHP enforcement corridor. The 72-mile stretch through the county sees regular speed and DUI enforcement, and FHP troopers are well-trained in DUI detection on high-speed roadways. Stops for speeding or lane violations on I-95 frequently lead to DUI investigations.

Palm Bay: Florida's Most Aggressive DUI Enforcement

Palm Bay Police Department has built a reputation as arguably the most aggressive DUI enforcement agency in the entire state of Florida. PBPD runs frequent DUI saturation patrols, dedicates officers specifically to DUI enforcement, and their officers are trained to pursue DUI investigations on virtually any traffic stop. A routine stop for a tag light or lane change in Palm Bay is far more likely to escalate into a full DUI investigation than the same stop in most other jurisdictions.

What makes Palm Bay PD's approach particularly challenging for defendants is the volume and consistency of their enforcement. Their officers conduct DUI investigations regularly, which means their arrest reports tend to be detailed and their SFST documentation is often more thorough than what you see from agencies that handle DUI cases less frequently. That level of experience cuts both ways, though -- experienced officers can also develop habits and shortcuts that create defensible issues when closely examined.

If You Were Arrested by Palm Bay PD

Palm Bay's aggressive DUI enforcement means you need an attorney who will scrutinize every detail of your arrest. Their officers are well-practiced, but high-volume enforcement also creates patterns -- and patterns create opportunities for defense. As a former State Trooper and NHTSA DUI Detection Instructor, I know exactly what a properly conducted DUI investigation looks like and where officers take shortcuts.

Beach and Causeway Enforcement

Brevard County's barrier island geography creates a unique enforcement pattern. Unlike Orlando, where drivers can take multiple routes home from bars and restaurants, beach-goers on the barrier island must cross a causeway to return to the mainland. Law enforcement uses these chokepoints strategically, and officers stationed near causeway approaches can observe every vehicle leaving the beach communities late at night.

What Lotter Law Brings to Your Brevard County DUI Defense

My path to criminal defense started in law enforcement -- 6 years as a Florida State Trooper, 6 years as an Orange County Deputy Sheriff, and 6 years as a Military Police officer. As a certified NHTSA DUI Detection Instructor, I trained officers on the Standardized Field Sobriety Tests (SFSTs) that are now being used as evidence against my clients.

In Brevard County DUI cases, that law enforcement background is particularly valuable because of the variety of agencies involved and the unique enforcement environment. I understand how causeway DUI stops work, how beach-area officers approach DUI detection differently from highway troopers, and what patterns emerge in Brevard County arrest reports.

Key defense strategies I pursue in Brevard County DUI cases:

I've successfully defended DUI cases in Brevard County, including cases at the Moore Justice Center in Viera. My familiarity with the SAO-18 prosecutors and the Brevard County judges allows me to provide realistic case assessments and develop strategies tailored to the specific courtroom where your case will be heard.

How to Get Started

If you've been arrested for DUI anywhere in Brevard County -- Melbourne, Cocoa Beach, Titusville, Palm Bay, Merritt Island, or anywhere along the Space Coast -- you need to act quickly. The 10-day deadline to request a formal review hearing for your license suspension starts on the date of your arrest. Once that deadline passes, your license is automatically suspended without a hearing.

Call 407-500-7000 for a free consultation. I'll review the details of your Brevard County DUI arrest, explain how your case will be handled at either the Moore Justice Center or the Titusville courthouse, and give you an honest assessment of your defense options. Brevard County DUI cases have unique characteristics -- from causeway stops to beach-area enforcement -- and you need an attorney who understands those specifics.

Arrested for DUI in Brevard County?

From Palm Bay's aggressive enforcement to Cocoa Beach causeway stops, former State Trooper Jeff Lotter defends DUI cases throughout Brevard County. He knows the territory, the agencies, and how to fight back. Call now for a free consultation.

Jeff Lotter

Jeff Lotter

Criminal Defense Attorney | Former State Trooper

Jeff Lotter is an Orlando criminal defense attorney and former Florida Highway Patrol trooper. With over 20 years of law enforcement experience and certification as a NHTSA DUI Detection Instructor, he defends DUI and criminal cases throughout Central Florida including Brevard, Seminole, Orange, and Osceola counties.

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