Wednesday, March 30, 2016

Florida DUI Penalties

Were you arrested for driving under the influence in Miami? If so, you’re probably worried about what would happen if you were to be convicted of DUI, and rightfully so!

It’s no secret: Like Texas and Arizona, Florida is notorious for being tough on crime and DUI is NO exception. Now that you’re headed to court, you’re concerned about your job, your family, your auto insurance, and maybe even your FICO score.

You may be worried about how a DUI would affect your ability to possess a firearm, or if a family court judge would frown upon you during a child custody battle. If you have a green card and you had a drug-related DUI or a felony DUI, could you be deported?

As you can see, there are a number of consequences to a DUI, and I’m only scratching the surface.

Without all of the facts, I cannot pinpoint the penalties you’re up against, but I can give you a good idea.

The penalties for DUI vary depending on a number of factors, such as your criminal history, your blood alcohol level (BAL) at the time of the arrest, and whether anybody was injuredor killedas a result of the impaired driving.

Here are the basic penalties for DUI in Florida:

1st DUI
  • Up to $1,000 fine (up to $2,000 with BAL of 0.15% or higher or minor in the vehicle).
  • Must complete 50 hours of community service, or pay $10 for each hour of community service required.
  • Up to 1 year license revocation.
  • Probation under Sec. 316.193 (5)(6), F.S.
  • Up to 9 months in jail depending on BAL.
  • DUI School must be completed for a hardship reinstatement.
  • Impoundment of vehicle.
  • Ignition Interlock Device (IID) requirement for BAL of 0.15% or above or minor in vehicle. 

2nd DUI
  • Up to $2,000 fine (up to $4,000 with BAL of 0.15% or minor in the vehicle).
  • Up to 9 or 12 months in jail depending on BAL.
  • Up to 5 years license revocation.
  • Must complete DUI School.
  • Impoundment of vehicle.
  • Ignition Interlock Device required. 


3rd DUI
  • Up to $5,000 fine (with a BAL of 0.15% or minor in vehicle, not less than $4,000).
  • Up to 12 months in jail.
  • License revocation for a minimum of 10 years.
  • Impoundment of vehicle.
  • Ignition Interlock Device required. 


This is a basic summary of the DUI penalties in Florida. If you are facing DUI charges in Miami-Dade County, don’t give up the fight. Contact my firm to not only for aggressive legal representation, but to work with one of the area’s top-rated DUI defense attorneys!

Check out my attorney profile, then call Jonathan Blecher, P.A.for your free consultation!

Thursday, March 10, 2016

Out of State Drivers and DUI


With Miami being one of the most popular tourist destinations in the United States, we get more than “snow birds” flying in from places like Buffalo, New York during the winter, where temperatures can be freezing up to six months out of the year; we get visitors all year round, and who can blame them?

By day, visitors flock to Miami’s white sandy beaches known for their crystal blue water where people can see all the way down. Not even Southern California’s beaches can top that! By night, they take advantage of some of the most exciting nightlife in the world.

People visit Miami for work and pleasure, but sometimes they end up leaving with more than great memories filled with sand and sun, they leave on DUIprobation. It happens, and when it does the out-of-towner usually has no idea of what they’re supposed to do about their license or their criminal charges.

Do they have to return to Florida for a hearing? Will they lose their driver’s license back home? If they do nothing, will there be a warrant for their arrest?

Will my home state find out about my Florida DUI?

I know this scenario can be overwhelming, but it is not hopeless! There’s a lot that can be done to resolve it. The first thing you should do is contact a Miami DUI attorney who can look up your case, review the evidence, and explain which options are available.
Know that anythingcan happen in court, and real miracles happen every day. I don’t want you to automatically assume that you’ll be heading to jail. Instead, stay positive and contact me so I can explain your possible defenses.
Don’t throw in the towel and whatever you do, don’t plead guilty to your Florida DUI charges. If you do, you will suffer lasting consequences, which will follow you to your home state.

If this isn’t your first DUIoffense, you could be sent to jail and you could lose your license for years if you don’t hire a good defense attorney – so call me! As a former prosecutor with over 30 years’ experience, you can’t go wrong by reaching out to my Miami DUI defense firm.