Florida Warrants for Old DUI Probation Violations

On occasion, a person will find out that they have a warrant in Florida for a probation violation on a DUI that they got years earlier. Let’s say that “John” thought his case was closed back in the early 1990s, which is when he contacted Broward County and they had him pay a $500 fine.

At that time, the court told John that everything was clear. Like many people, John didn’t stay in Florida his whole life. He eventually moved out of state and got his driver’s license there.

It’s been over 20 years since John’s Florida DUI; he hasn’t so much had a speeding ticket since then.

Now, it’s 2015 and John just found out that he has a warrant for his arrest in Broward County, Florida. What should he do? He contacted Broward County and they told him to send them a letter explaining his situation; they refused to give him any kind of “legal advice” over the phone.

If you’re in a similar situation and dealing with the Broward County courts, first I want to say that they can be difficult to deal with. I know this from having to deal with their court system for over three decades.

If you have an outstanding warrant like John, you can’t expect the Clerk’s Office staff to be helpful, but they may be more helpful to a DUI lawyer who “speaks their language.” Such an attorney can determine the nature of the problem and find the appropriate solution.

In my experience, a great way to get information in these situations is to have a DUI attorney go through the judicial assistant who works for the judge on the case.

If you’re dealing with a similar scenario in Miami-Dade County and you have a warrant out for your arrest due to a DUI probation violation, I strongly suggest that you contact my office to schedule a free case evaluation. I’d be glad to get to the bottom of this so it can be resolved as quickly as possible.

Just a few of my qualifications include being a member of the National College for DUI Defense, selected for inclusion in Florida’s Super Lawyers®, and the AV® Rating from Martindale-Hubbell®.

Can I Get a Hardship License After a 2nd DUI?

Were you arrested for your second DUI offense in Miami? Let’s say it’s been less than five years since your first DUI, and now you’re facing a five year license revocation. Are you eligible for any type of license before the five years are up?

When a person is given a five year suspension for a 2nd DUI within five years, they can apply for a hardship/business purposes license after one year has passed.

So, if it’s been more than one year into your five-year suspension period, you may be eligible for a business permit, assuming you haven’t been charged with any driving-related offenses since the five-year suspension took effect.

If that’s the case, you may be allowed to participate in the “reinstatement program,” a costly program, which involves monthly monitoring by the DHSMV, or by a program of their choice.

Even if you’re at least one year into your five-year license suspension, it doesn’t mean that you’ll automatically be granted a hardship license, but it does mean that you are eligible to apply under your DUI suspension.

To be eligible for a hardship license, you must meet the following criteria:

• If referred, you must complete DUI school and treatment.
• You must have a favorable recommendation from the Special Supervision Services Program.
• You must stay in the Special Supervision Services Program for the duration of your revocation in order to keep your hardship license. 

If you receive a hardship license, you must complete the required examination, pay an administrative and revocation reinstatement fee, and any license fee required.

Ignition Interlock Device (IID) Requirement

Florida law states that certain persons convicted of DUI are required to install ignition interlock devices (IIDs) on their vehicles. Under Sec. 322.271, F.S., anyone convicted of DUI who applies for a restricted license for work or business purposes is required to install an IID.

If you are facing charges for a second DUI offense in Miami-Dade County, reach out to my firm to work with a Miami DUI lawyer who is selected to Florida’s Super Lawyers®,AV® Rated by Martindale-Hubbell®, and a proud member of the National College for DUI Defense!

Click here to request your free case evaluation! 

DUI for Prescription Drugs

While many simply associate a DUI with driving drunk, a person can also be arrested for DUI if they are under the influence of prescription drugs. Regardless of whether or not the driver legally had access to their prescribed medication, Florida DUI laws cover any sort of impairment that stems from an unnatural substance, providing no special treatment for prescription drug users and subjecting them to the same penalties of any other DUI charge.

Drugged driving cases can be quite complex and much more difficult to prosecute due to the complications involved in proving a person’s intoxication. Unlike alcohol where a breathalyzer test can be administered, there are no set standards for measuring a person’s level of prescription drugs in their system. This is set to change, however, as the National Highway Traffic Safety Administration (NHTSA) has convened an expert panel in an effort to figure out a way to assess a person’s level of impairment.

What Types of Prescription Drugs Can Cause a DUI Charge?

A variety of prescription drug types can lead to a DUI charge. Simply put, any drug that causes drowsiness, impaired motor skills, or has a label that says “do not operate a vehicle or heavy machinery” can cause you to be pulled over and accused of DUI.

Among others, the following drugs can all lead to a DUI charge:

• Vicodin
• Percocet
• Xanax
• Valium
• Over-the-counter medication

If you have been arrested for a prescription drug DUI, I, Attorney Jonathan Blecher, can provide you with a powerful defense. Having been providing exceptional DUI defenses in Miami since 1982, I have gained invaluable knowledge that can be instrumental in securing a not guilty verdict on your behalf.

Call my office today at (305) 707-0036 to get started towards a results-driven defense.

Florida Man Hits Pedestrian, Charged With DUI Manslaughter

COOPER CITY, Fla. – A Cooper City man who was arrested for driving under the influence is now facing additional charges after allegedly running over a pedestrian who was out late walking his dog.

The victim’s ex-wife called the victim a great father, a great son, and a “great guy.” Everybody loves him, said B. Ledesma.

A man suspected of drunk driving struck R. Wimpey, 52, as he walked his dog just steps away from his Cooper City apartment.

As Wimpey was receiving treatment at the hospital, his family was hopeful that he would survive his injuries, but now that his body succumbed to them, they are devastated.

Ledesma said Wimpey’s mother is 80 years-old and his daughter is 18. His daughter is already asking Ledesma about who’s going to walk her down the aisle when she gets married. She’s asking, “Who’s going to see my grandchildren?”

The accident happened in the early morning hours of Sep. 11, shortly after 1:00 a.m. Wimpey took his dog, Ana, out for a walk, and he made sure that she was wearing a yellow, reflective vest so as to be seen by motorists.

According to police, Wimpey’s neighbor, M. Smith was driving under the influence of alcohol when he struck Wimpey at the corner of SW 52nd and 90th Way.

One of the neighbors, E. Gonzalez, told CBSMiami that she heard a skid around the corner and knew that someone was going a little bit too fast.

Another neighbor, M. Marcais, said that heard the screaming and crying, and that he noticed the dog, Ana running around.

Smith did not flee. Instead, he remained at the scene until he was arrested on DUI charges. Meanwhile, Wimpey was transported to a local hospital where he received treatment for a broken leg, a collapsed lung, and a traumatic brain injury. Eleven days after the accident, Wimpey died as a result of his injuries.

Smith was re-arrested on Sep. 30 on new charges and appeared at Broward County Court. Smith has been charged with DUI manslaughter and vehicular homicide.

Need a Miami DUI attorney?

If you’re facing DUI charges in Miami-Dade County, you need an aggressive defense attorney. As a former prosecutor who is not only a member of the National College for DUI Defense, but selected for inclusion in Florida’s Super Lawyers®, I have the qualifications you need for a strong defense!

Call Jonathan Blecher, P.A.to schedule your free case evaluation!

‘Fair DUI’ Creator in Cuffs at a DUI Checkpoint

Almost everyone has heard about the Boca Raton attorney who came up with a controversial method for getting out of a DUI checkpoint. Attorney Warren Redlich is the one whose technique requires that drivers do not lower their window or speak to officers at a DUI checkpoint.

He recently tried out his technique in Coral Gables and wound up in handcuffs.

Earlier this year, Redlich’s method for avoiding a DUI checkpoint was all over the news. Per his method, instead of rolling down your windows, you press a card to your driver’s side window that reads, “I remain silent, no searches,” and you show your license and registration through the window.

But when Redlich tried it in Coral Gables, he was repeatedly warned by the officer. The police weren’t going to accept the documents through the glass technique. A camera captured the officer opening the door and handcuffing Redlich.

Redlich said that they think he’s required to roll down the window and hand over his license and he thinks he’s not required by law to do that, he told CBS4.

To Redlich, DUI checkpoints are a waste of time. He calls them ineffective and says they’re publicity stunts. They don’t work, he told CBS4’s David Sutta in an interview.

Redlich also believes that DUI checkpoints violate people’s 4th Amendment protections against unlawful searches.

Redlich Wanted to Make an Example of Coral Gables

According to Redlich, he didn’t end up in Coral Gables that evening by chance, he deliberately went there to make an example out of Coral Gables.

After Redlich’s “Fair DUI” made the headlines, Coral Gables attorneys took a closer look. They adopted a policy that according to Redlich, was more extreme than anything he’d seen before.

If a driver refuses to open their window at a checkpoint, they could get arrested. The penalty is usually a ticket for a non-moving violation.

That night in Coral Gables, Redlich was handcuffed for three hours. He says he’s confident that he’s right and they are wrong. In the end the officers let him go. He was ticketed for failing to show his driver’s license.

Coral Gables City Attorney Craig Leen told CBS4 that the officer has discretion, and that Redlich could still be charged with obstruction of justice. Leen called the situation sad and said that he’s playing a game, that he’s not here for any purpose but to obstruct a DUI checkpoint and that, he said, is wrong.

As Redlich considers taking his argument to federal court, the city is ready to fight back. Leen said that he will defend his view and they will prevail.

If you were arrested for DUI, contact my firm to get your legal questions answered by an experienced Miami DUI attorney who is a former prosecutor. 

Alternative Sentences for DUI in Miami

As a resident of Florida, you’re likely well-aware that Florida has a reputation for being harsh on crime and DUI is no exception. If the prosecutor has a strong case against you, you may be nervous about spending up to six months of your life behind bars – and that’s only for a first DUI offense without any aggravating factors.

As a Miami DUI attorney, my primary goal is to get my clients’ charges dismissed. However, if the odds are against a client, I aim for more favorable alternatives to a jail sentence.

Under special circumstances, a DUI defendant has sentencing alternatives available in lieu of jail; if this is possible, I do everything within my power to pursue one of these options.

In Florida, most DUIconvictions involve a period of incarceration, whether it’s for a misdemeanor or felony DUI. For example, a first DUI is punishable by up to six months in jail, a second DUI is punishable up to 9 months in jail, and for a third DUI, the jail sentence can be as long as 12 months.

Alternatives to Jail

If you’re like most people I work with, you simply can’t afford to go to jail. That is especially the case if you’re employed or have a family to support. In short, most people can’t afford an extended interruption in their income, and such absences put their jobs at stake.

Under Sec. 316.193(6)(k) of the Florida Statutes, judges have the discretion to order alternative sentences, such as a residential drug abuse treatment program or a residential alcoholism treatment program, and the court must credit the time served towards jail time.

Alternative sentences are usually available to individuals with misdemeanor DUI convictions, in the absence of a violent criminal record. Low-risk offenders may be eligible for the House Arrest program, in which case they are required to wear a passive GPS anklet or an electronic monitoring device.

Another option for low-risk offenders is enrollment in the Day Program. This is a less restrictive form of supervision, however, the offender is required to report to their house arrest officer daily.

Interested in exploring your options?

I’ve only scratched the surface regarding alternative sentencing options. If you were arrested and charged with DUI, not only will you want to fight your charges, but you should be aware of the alternatives to jail.

If you’re interested in obtaining more information about alternative sentencing, don’t hesitate to contact my firm, Jonathan Blecher, P.A. for a free consultation!

Petition to Deport Justin Bieber on Its Way to White House

A group of people are trying to get Justin Bieber deported back to Canada. They’ve put together an online petition that describes Bieber as reckless, destructive, and a drug abuser. The petition has amassed enough signatures to earn official review from the White House.

The petition, “Deport Justin Bieber and revoke his green card,” was established on the site, We the People. It was created after the Canadian singer and songwriter was arrested for DUI, driving with an expired license, and resisting arrest on January 23, 2014 in Miami Beach.

With over 273,000 signatures to date, the petition has earned enough signatures to receive a White House review.

The 21-year-old lives in Beverly Hills and is reported to possess an O-1B visa. Such visas are based on “extraordinary achievement” in the arts, TV or film.

Following his 2014 DUI arrest in South Florida, over 270,000 people petitioned the White House to have Bieber deported. Though the number of signatures are sufficient for a review under the White House guidelines, the Obama Administration has declined to comment on the petition.

In retaliation to the petition demanding that the “One Less Lonely Girl” singer be deported, Bieber supporters (Beliebers) created their own petition on the We the People site, “Stop Justin Bieber from getting deported.”

This petition argues that the idea of Justin Bieber getting deported is “completely unfair.” Saying that that he doesn’t deserve this, that’s he’s human. That he’s not perfect.

Immigration Experts Doubt Deportation

Immigration law experts say that it’s highly unlikely that Bieber will be deported. One reason being that about a decade ago, the Supreme Court ruled that DUI is not typically a deportable offense.

In the January 2014 DUI case, Bieber settled to a plea bargain where he pleaded guilty to resisting an officer without violence, and to careless driving, in exchange for dropped DUI charges.

He was fined $500, sentenced to an alcohol education course and 12 hours of anger management classes. As a part of his deal, he donated $50,000 to a children’s charity.

Toxicology results found that Bieber’s blood alcohol level was below the 0.02 limit for drivers under the age of 21. He did however, test positive for marijuana and the anti-anxiety drug, Xanax, NBC Miami reported.

Searching for a Miami DUI attorney? Contact my office, the Jonathan Blecher, P.A. to discuss your DUI charges with a former prosecutor, who’s handled over 3,000 DUI and suspended license cases since 1982. 

If You Refuse to be Tested on the Blood, Breath, or Urine Tests, Will You Lose Your License?

Chemical tests go hand-in-hand with DUI charges. Blood, breath, and urine tests are often the cornerstone of the case against an individual arrested for drunk driving. Because of the significance of these tests, it can be tempting to refuse when asked to take one by a police office. After all, if they don’t have concrete evidence against you, they certainly can’t arrest you, right?

Unfortunately, it is not always so black and white. Refusing to take a chemical test has serious consequences and doesn’t guarantee that you will avoid DUI charges. Before you refuse an officer’s request, it is important to first understand your rights.

The Basics of Florida’s Implied Consent Law

In Florida, there is something called the implied consent law. This law states that if you are lawfully arrested by a police officer who has probable cause to believe you have been drinking and driving, then you consent to taking a chemical test – blood, breath, or urine. The officer can require you to take more than one test and you must consent to each request, except in the case of a blood test where other pre-conditions are in play.

This law also imposes penalties on those who refuse to comply. The penalty for refusing to take a chemical test is based on your criminal record and the circumstances of your arrest. According to state law, the penalties for refusing to take the test are:

• First offense: one year license suspension
• Second offense:18 month license suspension
• Third offense: 18 month license suspension

Second and any subsequent refusals can also invoke jail time and possible fines. While the consequences for refusing to take a chemical test are certainly lighter than those for a DUI, they can still be permanently damaging. Additionally, just because you didn’t take the test does not mean you’re off the hook for a conviction.

In short, whether you are facing the penalties for a chemical test refusal or are at risk of a DUI conviction, you need an experienced DUI attorney on your side. Accused individuals turn to my firm because they trust my legal background and unmatched devotion to their case. With 30 years of experience behind me, no charges are too complex for me to handle.

Fight for the outcome you need. Get in touch with my firm in Miami to schedule your free consultation! 

Is Florida a Member of the Driver License Compact?

With places like the Zoological Wildlife Foundation, the American Airlines Arena, Vizcaya Museum and Gardens, Zoo Miami, Miami Beach, the Art Deco District, South Beach, and Little Havana, it’s no wonder why tourists flock to Miami.

Since Miami is a magnet for tourists and “snowbirds,” DUI attorneys see their fair share of out-of-towners who are arrested for DUI.  If you were arrested for driving under the influence while visiting Miami, you’re probably wondering how a Florida DUI will affect your driving privileges in your home state.

Will your home state find out about the DUI? Will your license be suspended back home? It depends if your home state is a member of the Driver License Compact.

What is the Driver License Compact?

It is an interstate compact used by all but five states to exchange information about the traffic violations and driver’s license suspensions of nonresidents.

The theme of the Driver License Compact is “One Driver, One License, One Record.” This means that if you get a DUI in Florida, your home state would treat the DUI as if it was committed back home. This means that your home state would apply its state laws to your Florida DUI offense.

In other words, your home state would treat the Florida DUI as if it happened at home. So, you would face the same penalties as if the DUI was committed in your home state. This would apply to an alcohol-related DUI, a DUI involving prescription or illegal drugs, a hit and run, a DUI accident, a DUI with injuries, or DUI manslaughter.

The five non-member states are Massachusetts, Michigan, Tennessee, Wisconsin, and our neighbor Georgia.

Under the Driver License Compact:

• Your Florida DUI will be reported to your home state.
• The DUI laws in your home state will apply to your Florida DUI.

Regardless of what state you live in, you can’t ignore your DUI criminal court hearing. Plus, if your DUI case goes to trial, your presence may be beneficial since juries tend to be more understanding when they can look a defendant in the eyes.

Will an Administrative License Suspension be Reported?

Interestingly, pre-trial administrative license suspensions (done immediately upon arrest) are not reported to the National Driver License Registry. Under the Compact only convictions from a court will be transmitted.

Under the Compact, a "conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

The good news is that if your DUI charges can be reduced or dismissed, your home state may not take any action against you. To discuss your options and legal strategies, contact my firm, Jonathan Blecher, P.A. for a free consultation!

Sentences Vary Widely in DUI Death Cases

In a recent case, a 20 year-old girl, tweeted “2 drunk 2 care” before killing her two friends in a drunk driving crash. Though she was overwhelmed with guilt and tearfully expressed her remorse, faced with her friends’ angry relatives, a Broward judge sentenced her to 24 years.

Just days later, a 54-year-old alcoholic stood before a Miami judge awaiting his fate for driving into a Liberty City restaurant while under the influence, killing two church elders. The victims’ relatives forgave the defendant, who was sentenced to 10 years.

On the same day that he was sentenced, in a quiet courtroom with no news cameras, a 27 year-old lady faced the music for killing one person in a DUI crash, and killing another in a hit-and-run crash while she was on bail in the first case. The Miami-Dade judge sentenced her to just four years.

The daughter of the second victim she killed said that she is still shocked she only received four years. She said that she’s still upset and depressed.

Florida’s Mandatory Minimum Sentence

Under Florida law, any person convicted of DUImanslaughter shall be sentenced to a mandatory prison term of 4 years. However, as these recent cases demonstrate, the prison terms for DUI manslaughter vary widely from case-to-case, and from county to county.

According to the Miami Herald, in over 400 fatality cases since 2012, the statewide average for DUI manslaughter is less than 10 years in prison. Of all counties, Miami-Dade had the most cases over that time span, with 66 cases. Of those, the lightest average sentences served were 6 years. In contrast, Broward had 27 cases, with defendants in that time span serving just less than 10 years.

Broward has a reputation for being harsher than Miami-Dade County, the Miami Herald reports.

In Palm Beach, the average sentences are even higher, with convicts averaging 11.54 years for DUI manslaughter, while defendants in Hillsborough County serve just over 10 years.

According to legal experts, the reasons for the disparity in the sentences stem from an array of factors, including the skill of defense attorneys, the circumstances of the crash, the defendant’s criminal history, media attention, and the desires of the victims’ family members.

While judges can’t speak publicly about cases, former Miami-Dade judge, Ellen Leesfield told the Miami Herald that judges must have the courage to hammer someone when they deserve it, and the courage to give someone a break when they deserve it.

Arrested for DUI in Miami? Contact my firm, JonathanBlecher, P.A. to schedule a free case evaluation.

Source: http://www.miamiherald.com/news/local/article27347041.html

98-Year-Old Killed in Palm Springs DUI Crash

A man was arrested on July 10 on suspicion of DUI manslaughter after a drunken collision left a 98-year-old man dead in May, Palm Beach police say.

V. Pineda, 20, of West Palm Beach, faces felony charges stemming from a four-vehicle crash that he allegedly caused in May.

The fatal crash occurred on May 3 at around 10:15 a.m. in the 2900 block of South Congress Avenue after Pineda drove a 2001 Mitsubishi into a Honda that was stopped at a red light.

According to the police, the crash involved four vehicles and resulted in more than $10,000 in property damage.

N. Reitti, 98, of Lake Worth was a passenger in the Honda that Pineda slammed into. Reitti was transported to a local hospital after the crash – he succumbed to his injuries and died days later, according to the Sun Sentinel.

Pineda was driving with an expired tag on his vehicle, he didn’t have personal injury protection insurance, and according to the report, there was a “heavy odor” of alcohol on his breath.

In the report, an officer wrote that at first Pineda cried and felt sorry for the injured passenger, but then he started laughing.

Pineda’s blood alcohol concentration was .184 and .183, according to police – more than twice the legal limit.

Pineda was initially charged with DUI with injury, however, that charge was dropped last week. The authorities rebooked him into Palm Beach County Jail on Friday on a DUI vehicular manslaughter charge; he is being held in lieu of $100,000 bail.

He was still in jail on late Tuesday, the Sun Sentinel reported.

What are the penalties for DUI manslaughter?

DUI manslaughter in Florida is a very serious offense, which involves mandatory minimum sentencing. If Pineda is convicted, he faces from 4 to 15 years in prison, up to $10,000 in fines, possible victim restitution, and a non-expungable felony on his record.

Are you facing DUI charges in Miami? Regardless of the circumstances in your case, choosing the right Miami DUI lawyer to defend you can make all the difference. You cannot take chances with your future – contact my firm today!

Over Fourth of July, Water Cops Cracked Down on Boaters

On the Fourth of July one year ago, a three-boat crash on the waters of Biscayne Bay claimed the lives of four people, turning a post-fireworks celebration into a deadly mess.

In response to the crash, authorities called for additional patrols and the establishing of new limits for boaters on popular holidays, such as Memorial Day and the Fourth of July.

For this year’s Fourth of July holiday, water cops were cracking down on boaters. Some of their new enforcement efforts included how boats had to be tied together, temporary low-speed zones, and of course, a zero tolerance for boating under the influence.

The marine police and the Coast Guard wanted to prevent another tragedy from occurring during one of the most popular holidays for recreational boating. During the Fourth of July, it is common to see hundreds of boaters, swimmers, smaller craft and plenty of beer in Biscayne Bay.

Key Biscayne Police Chief Charles Press told the Miami Herald that they know that people like to party, and that the Fourth of July is a big day in America. He said that they want to ensure that good people who want to enjoy the day go home safe to their families.

In 2014, Miami-Dade County had the most boating accidents in the state. According to the 2014 Boating Accidents and Statistical Report released by the Florida Fish and Wildlife Conservation Commission, there were 79 boating accidents in Miami-Dade last year.

Those accidents killed 10 people and injured 47, leading to $2.2 million in property damage. The deadliest crash was last Fourth of July, the Miami Herald reports.

Penalties for Boating Under the Influence

Much like drunk driving accidents, one of the leading causes of boating accidents is boating under the influence of alcohol. In Florida, you can be arrested for boating under the influence(BUI) if you’re caught operating a boat after drinking alcohol.

The penalties for BUI vary depending on the circumstances of the case and whether you have prior BUI convictions. A first conviction for BUI without aggravating factors such as bodily injuries or death is punishable by up to $500 in fines, and up to 6 months in jail. Subsequent BUI convictions incur enhanced penalties.

If you are facing BUI charges, it is imperative that you speak with a qualified Miami BUI attorney. Contact my firm to discuss your legal defenses in a free case evaluation!

I Failed the Field Sobriety Tests – Is There Hope That I Can Avoid a Conviction?

When you are pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol and the police officer asks you to submit to a few field sobriety tests, in most cases the wise choice is simply to refuse. You can’t be punished for refusal and it is possible that the officer doesn’t have the means to conduct any blood, breath, or urine tests right then and there. However, if you are like most of us, you might not have known that you could refuse those roadside tests and agreed to take them.

And then you failed them. So what now? Does this mean you are definitely facing a DUI conviction that will slap you with high fines, a suspended license, and possibly even jail time? Not necessarily.

Field Sobriety Tests are Notoriously Unreliable

When you think about field sobriety tests, you are probably thinking about standing on one foot on a bumpy road, walking a straight along a line that is anything but, or trying to recite the alphabet backwards. And you wouldn’t be misled. Those are some of the most common forms of testing someone curbside, along with having to follow the end of a pen while a bright flashlight is shone right in your eyes. At first glance, there are immediate problems with these tests.

More or less, there isn’t a single field sobriety test that is completely reasonable. Even standing on one foot for a minute can be difficult for someone who is sober, especially if they are elderly, overweight, or suffering from a leg injury. And when was the last time any of us recited the alphabet normally, let alone backwards?

Worse yet, the results are entirely subjective. There’s no data sheet printing out in the officer’s car that has the empirical results of your field sobriety tests. He doesn’t have some fancy device that studies your motions with a computer’s precision. These tests are subjective and based on the judgment of the police officer.

With the assistance of a skilled Miami DUI defense lawyer such as myself, Attorney Jonathan Blecher, the prosecution’s claims can be entirely dismantled. By pointing out the numerous flaws in field sobriety test results and presenting critical evidence on your behalf, I could help you walk free after a complete dismissal of your DUI charges. With a perfect 10.0 “Superb” Avvo Rating and more than 3,000 DUI cases under my belt, you can trust me to protect your rights with the precision and dedication that few other defense attorneys could.

Start building your DUI defense case by scheduling a free case review with me today!

What Determines How High the Fine Will Be in a DUI Case?

If you are worried that you might be convicted of a DUI after having been arrested curbside, you are probably concerned with your freedoms, first and foremost. You could lose days or months behind bars and you might not be able to operate your vehicle at all for quite some time. Something that many people facing DUI convictions overlook is how it will impact their pocketbook.

The financial penalties of a DUI is going to change from case to case, and it is nearly a guarantee that you will be fined an amount greater than the state’s minimum, with additional assessments for court costs and administrative fees. There are maximum amounts in place, though, that are supposed to ensure that you are not fined excessively or unreasonably. With that said, fines can be considered punitive – meant to punish you for breaking the law. They are, therefore, flexible and might even exceed the “maximum.”

Four factors that are considered when determining your DUI fines are:

• Prior driving infractions on your record
• BAC level at the time of the arrest
• Minors in or near your vehicle
• Accidents or injuries caused

It becomes readily clear that fines will traditionally increase as other punishments for your DUI increase. If you are sentenced with longer jail time or a complete license revocation, the court will probably not bat an eye at taking another thousand dollars or so from you as well.

Hidden Costs and Damaging Fees

To believe that you will only be paying punitive fines for your DUI is folly. Anything that requires payment and has originated due to your DUI arrest is going to be paid for out of your pocket. The obvious costs are those related to the court and attorney fees. But have you considered the money you will have to spend if you need to reinstate your license? The DMV can take hundreds just for that.

More expensive still are Ignition Interlock Devices (IID) that are sometimes mandatory after a DUI conviction. Not only will you have to pay to have it installed and eventually removed, you will be taxed monthly just for having the device in your car. Think of it as a safety deposit without any chance of reimbursement.

If you are facing DUI fines that you believe do not reflect the severity of your alleged crime, you need to contact me, Attorney Jonathan Blecher, and my firm today. Together, we can begin to build a defensive case that keeps your best interests – and your wallet – in mind.

Miami DUI Checkpoints

DUI checkpoints, also called “sobriety checkpoints” are locations where law enforcement officers set up to check drivers for signs of driving under the influence of alcohol or drugs. Across the United States, many jurisdictions use DUI checkpoints as a part their anti-drunk driving campaign.

Are DUI checkpoints legal?

Due to the fact that there are many legal issues surrounding their use, not all states conduct DUI checkpoints, however, Florida, along with 37 other states and the District of Columbia, the Virgin Islands, and the Northern Mariana Islands authorize their use.

According to the Governors Highway Safety Association®, Florida conducts between 15 and 20 sobriety checkpoints each month, and they are upheld under the federal Constitution.

About Sobriety Checkpoints

DUI checkpoints come in two forms: strategic/small-scale and saturation/large-scale. The difference between the two generally comes down to staffing levels and personnel. For example, a large-scale effort may use a dozen or more officers, while a small scale checkpoint only uses three to five officers.

Large-scale checkpoints are labor-intensive, and many agencies don’t have the personnel to staff such a checkpoint. Small or large-scale, all checkpoints must be conducted using the same guidelines.

Site Selection

A properly conducted checkpoint is planned well in advance to ensure that it meets the legal requirements. If a checkpoint is unregulated, it can be ruled unconstitutional or illegal by the courts.

In fact, when law enforcement officers have deviated from the acceptable procedures, such departures have been used as evidence against law enforcement in the courts.

Site selection includes:

• A site with a high incidence of impaired driving crashes or fatalities.
• Selecting a site that protects the public’s safety.
• Ensuring that the checkpoint can be seen from a far distance.
• Ensuring that drivers would have plenty of time to stop if traffic is backed up.
• Selecting a site where the officers and volunteers won’t be unsafe.
• Select a site with ample shoulder space for detained motorists.

If a law enforcement officer suspects that a driver is impaired by another substance other than alcohol, a Drug Recognition Expert (DRE) should be called to the scene to assist, otherwise the officer should follow normal departmental procedures for drivers under the influence of drugs. Contact my firm for a free case evaluation with a hard-hitting Miami DUI attorney!

What Are the Penalties for Drunk Driving?

Getting put in handcuffs on suspicion of driving under the influence can be a harrowing experience. Your discomfort and embarrassment are not even close to the worst punishments you could be facing, however.

What are the most common penalties for a DUI in Florida?

A single DUI conviction can have immediate negative effects on your livelihood as a whole. Penalties associated with first time violations include:

• 6 to 9 months behind bars
• $500 to $2000 in fines and punitive fees
• 6 to 12 months of license suspension

In Florida,  interlock ignition devices (IID) are also required after some more serious DUI convictions. All costs related to the device come out of your pocket. For installation, expect a cost of around $100 as well as a servicing of $50 to $100 each monthyou need to drive around with it.

Just When You Thought Things Couldn’t Get Any Worse…

But so far, only first time offenses have been covered. Florida has a “lookback period” of 5 to 10 years that takes into account your previous driving infractions and escalates your penalties accordingly. If you have been convicted twice before, for example, you will be facing a minimum jail sentence, up to $5000 in fines, and a whopping 10 year license revocation! Additionally, you might lose employment or educational opportunities as a result of your inability to freely drive wherever you want, whenever you want. And, at the very least, your reputation can be tarnished for the rest of your life. Things won’t get better on their own – you need to take legal action right away!

When You Can’t Prevent, Protect

Many drivers arrested for a DUI are completely innocent of any crimes, and are falsely accused due to an officer’s mistake. Breathalyzer tests are also notoriously inaccurate, and the proper review of any blood and breath-test results could prove your innocence. I, Attorney Jonathan Blecher, and my firm understand that you deserve to have your freedoms protected and voice heard after being arrested curbside. By analyzing all the evidence and challenging the prosecution’s claims, we can fight for your future stability.

With my help, you can rest assured knowing that an experienced Miami DUI attorney has your back. For more than 30 years, I have devoted my time to defending people exactly in your situation and I have earned a respectable reputation and have an impressive record of success.

If you would like to see what a committed DUI lawyer can do for you and your case, contact Jonathan Blecher, P.A. today.

Will I Get Kicked Out of the Military for a DUI?

The military has many rewards such as the GI Bill, tuition benefits, advanced technical and specialty training, tax-free housing, world travel, a military pension, healthcare, and of course the pride and honor of serving our country to name a few.

When you serve in the military, you learn self-discipline, respect, and you demonstrate your honor and devotion to duty. The experience, training and leadership skills you gain in the military are second to none, and exactly what employers are looking for.

As the benefits of serving in the military are enormous, can they be taken away if a momentary lapse in judgment causes you to be convicted of driving under the influence(DUI)? Yes, a discharge is possible, however, it’s an unlikely punishment.

Every branch in the military has their own way of handling DUIs, and if you’re an officer or an NCO, you have a greater chance of getting the boot. Essentially, when the nation’s in the middle of a war, you’re less likely to be kicked out, but during peacetime, your job and your military career are more at risk.

Here’s what could happen:

• Loss of pay grade
• You could be demoted
• You could be barred from future promotions
• You could be allowed to complete your term, but not be allowed to complete another one
• If you have many years of service under your belt, you may be pressured to retire in lieu of an adverse administration action.

As you’re probably aware, the military frowns upon any type of criminal behavior, and DUIs are no exception. Thus, anything that can be done to get your DUI reduced or dismissed will improve the outcome, and help shield a hard-earned reputation and career.

Are you stationed in Florida?

Are you stationed at Eglin AFB, Hurlburt Field, MacDill AFB, NAS Key West, NAS Pensacola, NAS Whiting Field, NS Mayport, Patrick AFB, or Tyndall AFB, and facing DUI charges in Miami-Dade County? If so, I urge you to contact my firm, Jonathan Blecher, P.A. immediately for a hard-hitting defense! 

Can a DUI Conviction Affect Child Custody?

If you were recently arrested for DUI and child custody is an issue, you may be wondering if a DUI conviction could have an impact on child custody, and understandably so!

Are you worried that if your children’s other parent learns of your DUI, that they will use this as an opportunity to gain custody? Unfortunately, a DUI conviction can have a bearing on child custody proceedings but it all depends on the facts of the case.

Why a DUI Could Pose a Problem

In theory, each child custody case boils down to the best interests of the children. Because good moral character is relevant to this determination, anyone with a criminal conviction may find a DUI a major factor in any subsequent child custody proceeding.

The court will consider the following factors:

• The criminal history of both parents
• The nature of the criminal offense
• Your blood alcohol concentration (BAC) at the time of arrest
• If your child was in the vehicle with you
• The age of the DUI conviction
• If there were other aggravating factors (e.g. if someone was hurt or killed)
• If you have multiple criminal convictions

Even though a DUI conviction is not a crime of violence, any drug or alcohol-related conviction can impact a child custody case. This is because family law judges view driving under the influence as reckless behavior that endangers minor children.

If the DUI conviction is old, you can present evidence proving that it was an isolated event. The judge’s focus will then shift on present day circumstances. In contrast, a recent DUI conviction shows poor judgment or dangerous behavior and will be more difficult to overcome in a child custody proceeding.

If you are sentenced to jail, especially for a second or subsequent DUI offense, the court will be concerned over how a sentence will create a stability issue for your children.

Generally, the family courts don’t like it when a child has to bounce around from relative to relative while you’re in jail. If your child’s other parent can establish that they can provide a stable environment, then your ex has a better chance of gaining full custody.

If the custody battle is close, a DUI conviction can be the final factor that tips the scales in your ex’s favor.

If you are facing DUI charges in Miami and are concerned about how a DUI conviction would impact your child custody case, contact me, Jonathan Blecher to work with a former prosecutor with over 30 years of experience!

Can I Represent Myself?

If you have ever been arrested on criminal charges, such as a DUI, you should recognize the line in the Miranda Rights that states that “if you cannot afford an attorney, one will be appointed to you.” Even if you have never been in handcuffs, you’ve probably heard a movie or television character say this exact phrase. But why is it so popular? Why do we all have a right to a lawyer? Can’t you just skip all that and represent yourself in the court of law? Does a man who represents himself have a fool for a client?

The short answer is: Maybe. Just as you have every right to a state-appointed attorney, if you qualify financially, you also have the right to act as your own lawyer. For small civil disputes that don’t involve thousands of dollars, seeing a professional attorney may not be required. But, when you begin considering all the details and pitfalls of a criminal case, the answer becomes much less straightforward.

Representing Yourself Can Be Extremely Difficult

In a criminal case, there is so much at stake, it doesn’t really make sense to go it alone. An experienced criminal defense attorney will be able to analyze your case, gather evidence, and begin to deconstruct the prosecution’s claims with much greater success than the Average Joe. Not to mention they will be able to do it much faster. Sometimes you lose track of time and the court date is only a few weeks away – without an attorney, you could be sunk.

Even if you are 100% confident in your innocence, and even if you feel you are charismatic enough to present a strong case in your defense, you should retain a criminal defense lawyer. If nothing else, brainstorming and reviewing evidence with someone who has dedicated their lives to litigation can be the grain of sand that tips the scales in your favor.

Lastly – paperwork. There’s going to be a lot of it, and it will vary depending on the court you’re dealing with. Simply filing a lawsuit or receiving a sentence requires attention to detail and proper procedures that can be a real headache if you lack familiarity with them.

In summation, yes, you can represent yourself in court but it is not highly recommended. If you have been arrested for a DUI, contact me, Attorney Jonathan Blecher, to be your Miami criminal defense attorney. With my help, you can take the guesswork out of your case and step into court with confidence.

Will a DUI Stop Me From Getting a Passport?

When people are arrested for DUI, they know that a conviction can easily mean upwards of $1,000 in fines, community service, imprisonment for up to 9 months, and up to a year license revocation – and that’s all just for a first offense.

With Florida’s harsh DUI penalties, it’s not surprising why someone who wishes to travel outside of the U.S. for work or pleasure might worry how a DUI might affect their ability to get a passport.

Will a conviction for DUImake it so you can’t get a U.S. passport? Typically, a person’s passport privileges are not automatically revoked once someone is convicted of driving under the influence, even if they were convicted of a felony DUI.

While most people won’t be denied a passport because of a DUI conviction, it doesn’t mean that a DUI can’t technically block someone from getting a passport. For instance, it is possible for someone to be forbidden from getting a passport in the following circumstances:

• The defendant is considered to be a flight risk.
• They defendant is facing a felony-related subpoena.
• As a condition of probation or parole.

In the above scenarios, the court can revoke a defendant’s passport privileges, but this is more the exception than the rule.

You Could Face Restrictions When Travelling

The majority of DUI defendants don’t have any problems applying for a passport, however, they can face restrictions when travelling to certain countries. For example, Canada maintains the right to deny entry to noncitizens who have any criminal record, even for a simple DUI.

Even if you are able to obtain a U.S. passport, as long as you have a DUI conviction on your record, Canada may not let you in to the country; Mexico may not let you in either.

If you are convicted of a felony DUI, and you want to travel to Canada or Mexico via ship, you won’t be allowed to get off the boat. In effect, getting a U.S. passport may be easy, but you may not be let in to certain countries.

Contact my firm to fight your DUI charges, or if you have further questions about travelling outside of the U.S. with a DUI. 

Will a DUI Affect My Credit Score?

While a DUI conviction isn’t directly reported on your credit report, it can certainly have indirect consequences which could cause your credit score to plummet.

If you have been diligent about maintaining a good to excellent credit score, you may want to consider the following factors before doing anything that could unintentionally impact your FICO score.

Paying for Your DUI

At first glance, a DUI and your credit may seem unrelated, but they can be connected in more ways than one. For instance, the fact that most DUI-related costs can be put on a credit card is one reason why a DUI can cause credit scores to tank.

Essentially, if you don’t have the cash on hand to pay for all of the court and insurance-related costs of a DUI, you can be headed for trouble.

DUI costs may include:

• Between $500 and $4,000 in fines
• Fees in place of community service ($10 per hour)
• Vehicle impoundment fees
• Ignition Interlock Device (IID) fees
• DUI school fees
• Restitution for property damage
• Increased insurance premiums
• Civil judgements against DUI defendant

If you are convicted of DUI, not only do you face court-ordered fines among a host of other mandatory fees, you’ll face skyrocketing insurance premiums – all of these expenses add up and affect your bottom line.

Your auto insurance rates could double or triple, and if your credit takes a hit because you can’t afford to pay all of your bills and DUI-related costs, your auto insurance can increase even more since insurance companies factor in a driver’s credit rating when setting rates.

How a DUI Can Impact Credit

If you’re convicted of DUI and you can afford to cover all of the costs, fortunately a conviction shouldn’t affect your credit score. For those who can’t afford a conviction, their credit score can be affected because:

• Putting thousands of dollars on credit cards to pay all of the DUI-related costs increases a person’s credit utilization ratio – impacting credit scores.
• Unpaid fines are sent to collections, and reported for seven years.
• Judgements affect credit scores.

If you can afford to pay all of the DUI-related costs, a conviction still shows up on a criminal background check. Meaning, a DUI conviction can block you from getting that enticing job you want, or it can result in being passed up for a job promotion when another candidate has a spotless record.

To fight your DUI charges, work with a former prosecutor and proven Miami DUI defense lawyer; call AttorneyJonathan Blecher to schedule a free consultation! 

Can I Be Deported for a DUI?

Miami is infamous for its large population of immigrants who come from places such as Cuba, Central America, and South America. With so many immigrants living in Miami-Dade County, it’s understandable why many Miami residents are concerned about the immigration consequences.

Florida has some of the toughest laws in the nation, and DUI is no exception. The consequences of a DUI conviction can be even more severe for someone who has U.S. permanent resident status, or someone who is in the U.S. illegally.

What DUI Stands For

DUI refers to driving under the influence of alcohol or drugs, whether they are legal or illegal. The facts surrounding each DUI case can be very different. While a simple DUI may involve less than .015% blood alcohol content (BAC), and no accidents or injuries, many DUIs involve accidents, reckless driving, bodily injuries and other aggravating factors that can lead to a felony conviction.

Multiple DUI convictions, child endangerment, DUI with injury and DUI manslaughter – these are all aggravating factors that will be weighed by the immigration authorities when deciding whether a conviction will be grounds for deportation.

I have a green card. Can I be deported?

Unfortunately, yes you can; having a green card does not preclude you from removal proceedings. If you are convicted of DUI, you could be subjected to removal proceedings. In that case, an immigration judge will determine if your offense is included under the grounds of deportability.

An immigration judge could rule against you, and your green card can be taken away. You would then be removed from the U.S. and barred from reentering for several years. In regards to a DUI, the following could subject a green card holder to deportation:

• A conviction for an aggravated felony
• Committing a crime of moral turpitude within five years of admission
• A violent crime conviction
• Two different crimes of moral turpitude
• An offense that involves a controlled substance (drugs)

The outcome of your case will depend on your individual circumstances and any previous criminal convictions. Even if you are not deported, if you leave the U.S., your DUI can present another set of problems under the laws addressing the “grounds of inadmissibility,” which could bar you from reentering the U.S. when applying for a green card or U.S. visa.
If you’re a non-U.S. citizen facing DUI charges, please don’t attempt to handle your case on your own. As an experienced Miami DUI defense attorney, I can explain the immigration consequences of a DUI and provide you with a hard-hitting defense. Call now for a free case evaluation!

What Symptoms and Behaviors is the Officer Looking for During the Initial Detention at the Scene?

When you get pulled over on suspicion of drunk driving, it is only safe to assume that the police officer is looking for certain red flags that might indicate intoxication. What most drivers don’t know is that the search for these indicators starts even before the officer pulls you over.

In Florida, law enforcement is required to have “reasonable suspicion” in order to pull a driver over. This means that they must have a valid, legal reason for stopping you, otherwise it may be considered an illegal stop resulting in suppression of all evidence. When police suspect drunk driving, there are several tell-tale indicators that may give them cause to pull you over. These include weaving between lanes, braking inconsistently, and ignoring traffic signs. Once you have been pulled over, however, there is a whole new set of factors in play.

Red Flags that May Point to Driver Intoxication

The moment you get pulled over, the officer begins evaluating your behavior and speech for any hint of intoxication. Being aware of this can protect you from unnecessarily incriminating yourself and possibly getting arrested.

The following things may cause an officer to test you for intoxication:

• Alcohol on your breath
• Whether you respond incoherently or with hostility
• Clumsiness and poor reflexes
• Speaking too slowly or too rapidly
• Flushed cheeks
• Bloodshot eyes
• Slurred speech

At this point, the officer will likely ask you to perform field sobriety tests. Even if you haven’t been drinking, you should always politely decline the officer’s request. Field sobriety tests are optional and highly subjective. Far too many individuals have been wrongly charged with DUI because of a ‘failed’ field sobriety test.

If you refuse, there is a good chance that you’ll be asked to take a breath test. This test evaluates your blood alcohol content (BAC) and is not optional – refusing can lead to harsh penalties. Even if you blow over the legal limit, however, it is important to remember that this does not automatically equal a conviction. Strong legal representation can work in your favor to reduce or dismiss charges altogether.

Don’t wait to retain a Miami DUI attorney if you are facing DUI charges. My firm would be happy to review your case and advocate for you in court. Get in touch with my firm today for your free consultation!

Margin of Error in a Breathalyzer Test

To this day, breathalyzer results are often relied upon as strong and conclusive evidence that an individual is guilty of drunk driving. Unfortunately, it has slowly become more apparent that these results don’t hold the irrefutability some have claimed. Researchers, scientists, and attorneys have spent years analyzing breathalyzer machines to arrive at similar conclusions: things are not as they seem.

Why are breathalyzers so faulty?

It is helpful to first understand how a breathalyzer machine operates. The suspect blows air into a device, which is then supposed to calculate the amount of alcohol in their system. However, the calculations are based on mere averages and therefore not unique to each test-taker.

The breathalyzer determines a person’s blood alcohol content (BAC) by multiplying the content of alcohol in the air by 2,100. This number is used because the “average” person typically has 1/12100^th the amount of alcohol of an equal gallon of blood when they exhale. Clearly, what is average for one person may be far from correct for another.

Studies have shown that breathalyzer results vary at least 15 percent from the actual BAC. This is a significant deviance that officers fail to take into consideration. Compounding this problem is the fact that at least 23 percent of all tested individuals will get results that are higher than their actual BAC!  

There are also numerous factors that can influence a breath test reading, but are often ignored by law enforcement.

Results can be tainted by any of the following:

• Carbonation
• Body type
• Age
• Fat/muscle content
• Alcohol intolerance
• Food consumption

What officers are taking at face value is clearly far from the truth. Many times, tests are administered improperly and the alleged offender suffers as a result. It is imperative that you retain a lawyer who will challenge your breathalyzer results. Simply sitting back and expecting a breath test to work in your favor rarely bodes well for those facing DUI charges.

The sooner you take action, the higher your chances for a favorable outcome. My firm’s Miami DUI lawyer has more than 30 years of experience and has successfully challenged countless breath test results for his clients. 

Schedule your free consultation by calling Attorney Jonathan Blecher today!

Questions to Ask Before You Select a DUI Attorney

Whether you’re facing your first charge of drunk driving or your third, it can be frightening to consider the reality of a possible conviction. Your future hangs in the balance and penalties can severely hinder the freedom you’ve come to expect. So how do you stand a fighting chance against a DUI conviction? It’s all about selecting the right attorney.

Choosing a DUI attorney is crucial to the outcome of your case. In order to make the best decision and to feel confident in your choice, it is imperative that you ask informative questions before hiring a lawyer. The following questions are a great place to start in your quest for legal representation.

How much of your practice is devoted to DUI defense?

The fewer practice areas an attorney has, the more they’re able to hone their skill on those specific areas. An attorney who focuses solely on DUI defense is better equipped to take on your case and likely possesses a greater understanding of DUI law.

Are you familiar with the breath test machine used in Florida?

It has become quite apparent over the years that breathalyzers are not as foolproof as they used to be. Your lawyer should be able to understand the science behind breath test machines and the errors often associated with the results.

What is your success rate at trial?

Find out about the attorney’s past experience at trial, what results they’ve secured for other clients, and how many of their clients plead guilty. These factors will have a big influence on your case and can give you a better idea of what you could expect with their representation.

Will you be the lawyer handling the entirety of my case?

The last thing you want is for your case to be passed off to a paralegal or another attorney altogether. Make sure that the attorney you are consulting with is the attorney who will be handling your case, regardless of the size of their firm.
With so much on the line, choosing the right attorney can be intimidating. Miami DUI Attorney Jonathan Blecher understands this and wants to simplify the process for you. I have more than 30 years of experience and am devoted to DUI defense. Schedule your free consultation today to find out more.

What is the Difference in Penalties Between a DUI & a Commercial Driver’s License DUI?

A conviction for drunk driving is serious anyway you look at it. Unfortunately for individuals with a commercial driver’s license (CDL), a DUI conviction can be infinitely more devastating. Hundreds of individuals are arrested for drunk driving in Florida each year and penalties are severe to deter offenders from committing the same crime twice.

It is helpful to understand the difference between a regular DUI and a commercial driver’s license DUI. Although similar, the penalties can have different effects depending on the individual who is convicted.

What penalties could I face for a regular DUI?

Drivers with a regular license can be arrested for drunk driving if their blood alcohol content (BAC) is at or above 0.08 percent. Police officers can test BAC by administering a breath, blood, or urine test. Every person is different, so it is difficult to say how many drinks will put you over the legal limit.

If convicted of a first-offense DUI, you could face the following penalties:

• Up to nine months in jail
• Up to $1,000 in fines
• License suspension for up to one year
• Mandatory interlock ignition device
• And, more

Refusing to take a chemical test can result in additional penalties. Drivers may lose their license automatically for one year for a first-offense and up to 18 months for a second or third.

What penalties could I face for a CDL-DUI?

Individuals with a commercial driver’s license who are operating a commercial motor vehicle can be charged with DUI if they have a BAC of 0.04 percent or higher..

Convicted offenders will have their CDL suspended and be banned from operating a commercial vehicle for at least one year, in addition to regular DUI penalties. They are also unable to apply for a hardship CDL license. When the driver becomes eligible again, they are required to pay a reinstatement fee before gaining the ability to drive.

DUI penalties for both regular drivers and commercial drivers cannot be ignored. If you possess a CDL and are facing a DUI conviction, don’t take any chances! Contact my firm to speak with a Miami DUI lawyer for CDL with more than 30 years of experience! 

What Does DUI or Driving Under the Influence Mean?

There are many dangers associated with the act of driving under the influence (DUI). In addition to the dangers of causing an accident or suffering injury, the driver can face criminal penalties. Not all drivers who have been charged for drunk driving, however, are actually guilty. At Jonathan Blecher, P.A., I offer my experienced representation to help defend individuals charged with DUI.

DUI stands for driving under the influence, which is the term that the state of Florida uses to explain the crime of driving while intoxicated with alcohol or drugs. Any driver who is suspected of being in physical control of the vehicle can be charged with DUI under the state’s statute § 316.193.

There are different ways that “impaired” driving can be proven. If you have a blood alcohol content level of 0.08% or higher, prosecution will have a solid case against you. Other methods, such as field sobriety tests, can be used as tools against you by prosecution to prove your guilt. These, however, can be defended with a knowledgeable Miami DUI attorney who understands the state's DUI laws.

What is the impact of a DUI conviction on my life?

Drinking and driving is seen as a dangerous crime, and for that reason, the penalties carry a high degree of intensity. The state of Florida carries extensive penalties for individuals charged with DUI that can affect the alleged offender’s driving ability, job, and family. Even for just a first-time offense, the state imposes certain mandatory penalties for those who are convicted.

With the life-changing penalties that you can experience with a conviction, you do not want to risk a guilty plea. You will need to establish a strong defense method with the assistance of a knowledgeable attorney by your side. Contact my firm right away so that I can begin building a workable solution for your particular case. I am here to defend your rights and protect your future!

Defense of Drivers with a Commercial Driver’s License

The consequences of a DUI conviction can be much more serious for individuals with a commercial driver’s license (CDL). Not only can the penalties affect the here and now, they can also affect your livelihood for the rest of your life. This is why it is so imperative that you retain an attorney who can aggressively fight such a DUI charge.

Commercial drivers are held to a certain standard in Florida and the state expects these drivers to closely follow the rules. Traffic violations are categorized as major, serious, or otherwise. As you might expect, driving under the influence of alcohol is considered a major violation and is likely to result in hefty penalties.

Individuals convicted of a DUI who hold a CDL can lose their license while also being subjected to other DUI penalties. Additionally, drivers may also be unable to apply for a hardship license, which offers limited driving privileges.

How can I defend against my DUI charges?

The most important first step is to hire an attorney. The quicker you do so, the better. Your attorney needs adequate time to prepare and the prosecution begins working from the moment you are charged to establish a conviction.

Your attorney may be able to challenge your breathalyzer test, as these are known for being particularly inaccurate. The police officer may have neglected to follow proper protocol or failed to take outside factors into account, all of which can be used in your favor.

Another aspect of defense against your charges can include whether the officer had probable cause to pull you over. Probable cause can include weaving between lanes, missing a stop sign, or speeding excessively. Without probable cause, your DUI charges are much more likely to be dismissed.

It can be scary to consider the thought of losing your commercial driver’s license and going without a job. My firm has the resources to prepare a strong defense on your behalf. I will work tirelessly on your case, doing whatever I can to protect your future.

Get in touch with my firm today to schedule your free consultation with a Miami DUI lawyer for CDL. 

Can You Turn Away From a Sobriety Checkpoint?

You’re driving home after having a few drinks with friends and you notice something that no driver ever enjoys seeing – a sobriety checkpoint. Is it worth the risk of going through the checkpoint when you know there is some alcohol in your system, considering many people are arrested at sobriety checkpoints despite low breath alcohol levels? Or, should you take a chance and make a U-turn before getting any closer? Well, it depends on your circumstances.

Police officers take these checkpoints seriously and implement them to prevent drunk driving. They are constitutionally permissible, provided the police follow strict guidelines. While they are common after major holidays and events, a sobriety checkpoint can pop up at any time. Keep reading to learn how to handle your next checkpoint and what could happen if you try to avoid it.

What happens if I decide to turn away?

Most checkpoints implement a “chase” car strategy. This means that one officer is responsible for chasing down drivers who turn away from the checkpoint. This goes for drivers who make a U-turn, turn onto a street before the checkpoint, or reverse away from the checkpoint. Police look for a reason to pull you over, so be careful.

If you turn away, it is important to ensure that your driving is legal. Check for signs banning U-turns, double yellow lines, single lanes, oncoming traffic or kicking up a rock or two on the turn. Breaking a traffic law gives an officer a reason to pull you over and use the driving pattern as probable cause for a DUI arrest.

You should also note that turning away from a checkpoint can make an officer suspicious. They may assume that your choice not to go through the checkpoint implies that you are driving drunk and choose to briefly detain you for further questioning.

So while turning away from a sobriety checkpoint is not illegal, it is a matter of weighing the risks. You may go through the checkpoint and not be stopped, or your blood alcohol content could be below the legal limit. Or you could turn away and get arrested for breaking a law. In the end, it is a matter of being wise about your decision.

If you do get arrested at a sobriety checkpoint, my firm is here for you. I have more than 30 years of experience as a Miami DUI attorney and can fight to protect your rights. Call today for a free consultation!

3rd DUI in Miami

A recent study performed by Mothers Against Drunk Driving (MADD) estimated that in one year alone, over 100,000 third time DUI offenders were convicted in the state of Florida. This high number, and the accidents associated with it, have given law enforcement cause to enforce strict penalties.

One of the biggest advantages you can give yourself is to retain a defense lawyer for third DUIs in Miami. Individuals who feel qualified to represent themselves often wind up regretting their decision in the end.

How does the state punish third time offenders?

While all the usual penalties apply, such as jail, fines, license suspension, they are exponentially more severe when it is your third offense. Florida law requires that the courts assign unique penalties based on whether the offense occurred within 10 years of a previous conviction or outside of that timeframe.

If there is a conviction within the last 10 years on your record, you could be charged with a third degree felony resulting in up to five years in prison. Regardless, you will be required to serve a mandatory sentence of at least 30 days in jail.

Fines range from $2,000 to $5,000 and your driver’s license can be revoked for at least 10 years. After becoming eligible to drive again, the state also requires that you install an ignition interlock device for two years following.

A third DUI offense that occurs without any convictions in the last 10 years can result in up to one year in jail, up to $2,500 in fines, and the installation of an ignition interlock device for two years.

Can a lawyer help me handle my third DUI?

Hiring a skilled attorney is always better than going without representation. The cost of doing so is far outweighed by the benefits of having an advocate on your side. As the founder of my firm, I believe in giving my clients the level of defense I would want if I were in their shoes.
I have been awarded for my ability to achieve the outcomes my clients need, even when the situation looks hopeless. If you fear that your third DUI offense will destroy your future, contact my firm today. I am eager to turn your case around for the better! 

Bieber's Urine Test: Xanax and Pot

Here go...

The Miami Herald reported that "sources close to the investigation" leaked the results of Justin Bieber's urine test to them. According to the Herald sources, the test revealed the presence of Xanax and pot. It normally takes over a month to get a urine test result from the Miami-Dade State Attorney's Office. But, when your defendant is a teenage pop star, things move a little quicker.

My experience tells me that this is a preliminary toxicology screen and will be confirmed by gas chromatography at the University of Miami Toxicology Lab.

What does this mean for the defense?

It will be easier for them to deal with the pot, as THC can remain in the body and be released as a waste product in urine for weeks, or even months after ingestion. Xanax has a much shorter half-life and will be eliminated much faster. The lab will need to do a quantitative analysis for the amount of each substance and also to see if there is anything but a metabolite (the broken down by-product).

If the urine results hold up, the defense will have to attack them as waste products. Making this tougher will be the physiological symptoms observed and gathered by the Miami Beach Police during the drug recognition evaluation (DRE). And, don't forget the alleged admissions of Xanax and pot use.

For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.

2nd DUI in Miami

Are you looking for an attorney for a 1st DUI offense in Miami? I will deliver world-class DUI defense representation from a lawyer with a long track record for successful case results. I have devoted my career to the field of DUI defense, and I am very passionate about helping the criminally accused so they have the opportunity to effectively challenge their DUI charges in court.

If this is your first DUI, you are likely curious about what you are up against, and reasonably so. DUI charges are no joke, a conviction can have life-altering consequences. Since most people who are arrested for DUI are normally law-abiding citizens with a lot to lose, I have made it my life’s work to help defendants in every way possible. This way, they can put this in the past and move on to the next chapter in their lives.

The following are the DUI penalties for a first DUI offense in Florida:

• Up to $1,000 in fines, plus court costs
• Mandatory 50 hours of community service, or fine of $10 for each hours of community service required
• Up to 9 months in jail
• 10 days vehicle impoundment
• Maximum 1 year license revocation
• Must complete DUI school

Under § 316.193, F.S., DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances), you cannot drive with a blood alcohol level of 0.08% or above. In Florida, commercial drivers cannot drive with a BAL of 0.04% or above, and drivers under the age of 21 cannot drive with a BAL of 0.02% or above.

If you are convicted of DUI for a first offense and your BAL was 0.15%, or if you had a minor in your vehicle, you will be required to have an ignition interlock device (IID) installed in your vehicle for at least six (6) months.

Lawyer for a 1st DUI in Miami

Florida has some of the toughest DUI laws in the United States; therefore, your choice of attorney for a 1st DUI in Miami is critical to the success of your case.

Here are just a few reasons why clients choose to work with my firm:

• I have over 30 years of experience in DUI defense.
• I have successfully defended over 3,000 DUI cases.
• I am a proud member of the National College for DUI Defense.
• I am AV Preeminent® Rated by Martindale-Hubbell®.

You do not have to be alone in this fight. I urge you to contact me today to schedule a free, initial consultation. I can be reached at (305) 707-0036.