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!