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.