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.