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. 

1st 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.

Implied Consent Laws in Florida

Once you have received your driver’s license and signed your name,  you have agreed to abide by Florida’s Implied Consent Law. This law provides that, as part of using your privilege to drive, you consent to a blood, breath, or urine test to indicate your blood alcohol content or drug content at the time you were driving. If an accused driver refuses to take a BAC test, the Department of Highway Safety and Motor Vehicles (DHSMV) in Florida will take immediate administrative actions against their license.

What should I know about implied consent?

When a driver is stopped for DUI, a police officer may ask them to submit to preliminary tests. These are roadside sobriety tests, which will work to examine the motor skills of the driver and see if they match with the known motor impairments of someone with an elevated BAC. An officer may also ask you to take a breath test on the side of the road. Unless you have been formally placed in custody for driving under the influence, you can politely refuse to take any of these tests.

Any testing of BAC that occurs after a formal arrest is legally mandated. You can find yourself facing:

• 1 year license suspension for a first refusal
• 18 month license suspension for a second or subsequent refusal

The license suspension is action automatically taken by the DHSMV. When you go to court to fight against these accusations, refusing to take a BAC test while in custody can be used as evidence against you.

A driver that has been stopped for DUI must make every attempt to minimize the evidence against them. It is generally recommended that, unless you are completely sober, you refuse to take the test offered before your arrest. Be aware, however, that a second refusal could be charged as a first degree misdemeanor. Working with a skilled DUI defense attorney can help apply one of the many defenses to debunk breath test evidence, perhaps even getting the charges against you eliminated.

If you are wondering how you may be affected by a mandatory BAC test under Florida’s implied consent law, Attorney Jonathan Blecher can help. Contact the firm for a free initial case consultation and begin your defense against your DUI charges.

Horizontal Gaze Nystagmus Test

The Horizontal Gaze Nystagmus (HGN) test is a field sobriety test used by law enforcement to determine whether or not a suspected driver is under the influence of alcohol. The test involves an officer asking a driver to follow some stimulus, usually a pen, with their eyes to the left and right. The officer will then determine when the eye begins involuntarily jerking, or exhibiting nystagmus. While all eyes experience this involuntary twitch when looking at a significant angle, those with higher blood alcohol levels begin twitching sooner. According to the National Highway Transportation Safety Administration, HGN tests are 77% reliable in determining whether or not a driver’s BAC is above .10%.

How does an officer determine nystagmus?

A HGN test cannot confirm or deny the amount of alcohol that a suspected driver may have in their system, but indicates to the police officer that there may be some level of impairment present.

When testing HGN, an officer will check for the following questions:

1. Are the eyes moving smoothly from one side to the other or noticeably jerking?
2. Are the eyes jerking when they have moved as far as possible to one side?
3. Does the eye begin jerking before it has reached a 45-degree angle?

There are a few factors that can affect the outcome of an HGN test. A suspect that is wearing eyeglasses may make it more difficult for the officer to see the angle at which the suspect’s eyes begin to twitch. Additionally, if the HGN test is not administered in a well-lit area, the officer may not be able to tell when nystagmus occurs. Suspects should not be facing headlights or the lights of a police vehicle since this can cause nystagmus without the help of alcohol. If any of these apply in a suspected driver’s case, the results of the HGN test may be inadmissible in court. 

There are other defenses to HGN tests, including the ability of the officer to determine a 45-degree angle, the presence of prescription drugs in the body of the accused, the presence of a head injury, and more. Working with a DUI defense attorney will be the best bet in clarifying the cause of nystagmus and whether the results of this test can be permitted in court. 

Info About Justin Bieber's DUI Arrest in Miami Beach

Still remember this case?

Justin Bieber may have thought he was auditioning for a role in The Fast and the Furious when he was busted for racing on a quiet residential street in Miami Beach. The unfortunate reality was that it was an arrest of Bieber for DUI, Racing, Resisting Without Violence and Expired License by the Miami Beach Police Department.

His Charges

The mega pop star is alleged to have been racing a yellow Lamborghini on Pine Tree Drive at 4:30 A.M., according to police reports. It went downhill for Bieber after that. Police say they observed him to be in a stupor, smelled alcohol and that he failed to perform roadside sobriety tests to standards. A slew of F-bombs followed and ignoring officer commands tacks on a Resisting Arrest charge and of course, the Georgia license he had was expired. Alleged admissions of drug use (pot and pills). Read the arrest affidavit HERE.

A breath test result placed him well under the legal limit for presumed impairment in Florida which is .08% BrAC (Bieber was .011/.014 in two tests). So, the Miami Beach Police brought in Drug Recognition Evaluation expert, Officer Martin Dionne who runs Bieber through the paces to determine drug impairment and gets a urine sample. Results pending. Bieber was released on a $2,500 bond, the standard bond amount in this type of case. Follow this link to video of Bieber's bond appearance in Miami.

The Penalties That Bieber Is Facing

A "run of the mill" first offense DUI in Miami-Dade County with no aggravating circumstances would warrant referral into a DUI diversion program. Some community service, fines, DUI classes, charitable contributions, ignition interlock and the state drops the DUI down to reckless driving. Eligible for a record sealing. Bieber's problem is that he's not eligible because of the drag racing and resisting arrest charges.

If the state moves forward with the DUI part of the case, it will be because the urine test results come back dirty for drugs. Generally, without finding drugs in the car or an odor of pot or admissions, the urine results might be inadmissible. The theory being that they are not relevant to show impairment at the time of driving since urine tests only reveal ingestion of the drug at some time in the past. Blood tests are the only reliable way to establish the presence of drugs.

Although cannabis intoxication has been shown to mildly impair driving skills, this impairment does not appear to be severe or long lasting. Indriving simulator tests, this impairment is typically manifested by subjects decreasing their driving speed and requiring greater time to respond to emergency situations. Read On to a 1993 study by the National Highway Traffic Safety Administration.

Even if the DUI charge falls, he is still facing two serious misdemeanor charges: Drag Racing and Resisting an Officer Without Violence. Each of those can carry jail time, and if convicted of the drag racing charge, a mandatory license suspension.

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