What am I Facing with a Florida DUI Crash With Injuries?

People have been drinking alcohol with friends, family and their coworkers for thousands of years. It wasn’t until recently when the automobile became an American staple, that drinking became such a dangerous endeavor.

On foot, the only one that you’re likely to harm while under the influence is yourself, unless you’re operating heavy machinery. Once you climb behind the wheel, you’re surrounded by thousands of pounds of steel and you can do a great deal of harm if you’re under the influence of drugs or alcohol.

Given the fact that driving is an American way of life as is drinking, each state across the country has established stiff anti-drinking and driving laws and Florida is no different.

Get arrested for a simple DUI where no one else was hurt, you’ll face misdemeanor charges, even if you crashed into a parked car or drove into a building or light pole (accident causing property damage only).

On the other hand, if you seriously injureanother person while you’re driving under the influence of drugs, alcohol, or a chemical substance, you’re looking at felony charges, even if you had no intention of hurting anybody else, or if it was your first DUI offense.

DUI Accidents Involving Serious Bodily Injuries

Under Florida law, if while driving under the influence, you cause serious bodily injury to another person, you would be guilty of a third degree felony, punishable by:

• A fine not to exceed $5,000
• Up to 5 years in prison

If someone else was killed as a result of your driving under the influence, you face DUI manslaughter charges under Section 316.193(3) of the Florida Statutes, which is punishable by a fine not to exceed $10,000, or up to 15 years in prison, or both.

If you were involved in a DUI accident in Miami involving serious bodily injuries or a fatality, I urge you to contact my firm for help. You never know which DUI defensestrategies are available until you seek the advice of an experienced DUI defense attorney such as myself.

To work with a former prosecutor who is one of Miami’s top-rated DUI defense attorneys, contact my firm, Jonathan Blecher, P.A. for a free consultation.

Can a ‘Drunk’ Passenger Be Charged With DUI?

Let’s say that somebody is definitely drunk and they are sitting in the backseat of a vehicle or in the passenger seat, can they still get a DUIeven though they were not driving? The answer – it depends.

If a police officer pulled over a vehicle and the designated driver (DD) had a car full of drunk friends, then in this case, “no,” the passengers should not be charged with DUI.

On the other hand, if a heavily intoxicated person walked out of a bar and into their vehicle on a cold night, slid behind the wheel and put the keys in the ignition so they could run the heater to warm themselves up, then in this scenario, they could be charged with DUI even if their plan was to slide over to the passenger seat or climb into the back.

Why could they be charged with DUI? Because, the issue at hand is “actual physical control.” By holding on to the keys, sitting behind the wheel and putting the keys in the ignition, the suspect has just put themselves in actual physical controlof their vehicle, which leaves them open to a DUI charge.

Think it’s safe to sleep in your car after drinking? You may want to think again.

The state can actually charge someone with DUI who was impaired and decided to “sleep it off” in their car because the person possessed the car keys, thereby placing them in “control” of their vehicle while under the influence.

When a Driver Switches Places

It’s one of the oldest tricks in the book: the drunken driver switches places with their less-drunk friend, their teenage son or daughter that hasn’t been drinking at all, or their spouse when they get pulled over by the cops.

If the police notice that a driver switches places before, during, or after a traffic stop, the driver can be charged with DUI, even if he or she has moved over to the passenger seat.

Also, if you’ve been drinking and you sit behind the wheel as you wait for friends, respond to texts, or listen to music, you can be charged with DUI, but it’s up to the state to make the charges stick. If you’re 21 or over, you’re not necessarily breaking the law by consuming alcohol.

If you’re facing DUI charges, be sure to contact me before you do anything. As an experienced Miami DUI defense attorney, I can read the police report, listen to your side of the story and help you fight your charges.

Contact Jonathan Blecher, P.A. today for a free case evaluation!

DUI Accidents in Florida

Were you recently involved in a car accident that was not your fault, only to be arrested for driving under the influence? Or, were you driving under the influence and you caused an accident that involved property damage, or worse, bodily injuries?

If your answer is yes to either question, I suggest that you continue reading as I discuss DUI accidents and their penalties.

For starters, you can be arrested for DUI even though you were not at-fault for the accident. While it’s up to the insurance companies to decide who is at fault in an accident, if the other driver ran a red light and hit you, or rear-ended you, it’s highly likely that they will be found liable for the accident.

While you may not be found “at fault” for the accident itself, you can still be found guilty of DUI. This usually occurs when the police come out to investigate an accident and they observe that one of the drivers appears to be under the influence of drugs or alcohol, or both.

When You Are Responsible for a DUI Accident

Were you involved in a DUI accident that was your fault? In that case, you can be charged with a misdemeanor or a felony depending upon the facts of the case.

A DUI accident is prosecuted as a misdemeanor under Section 316.193(3) of the Florida Statues when the DUI defendant, while under the influence, caused an accident involving property damage or bodily injuries.

This offense is a first degree misdemeanor punishable by not more than $1,000 fine, or 1 year in jail.

Under Section 316.139(2), a DUI accident is prosecuted as a felony when the DUI defendant caused serious bodily injury to another person while driving under the influence.

This offense is a third degree felony, punishable by a fine not to exceed $5,000, or 5 years in prison, or both.

If someone else is killed in a DUI accident, then the DUI defendant faces DUI manslaughter charges, a second degree felony, punishable by up to a $10,000 fine or 15 years in prison, or both.

If you were involved in an alcohol-related accident, reach out to Jonathan Blecher, P.A. to schedule a free case evaluation with a former prosecutor. 

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!

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.

2nd DUI in Florida

Getting arrested for driving under the influence can be a nerve-racking event. Now, getting arrested for your second DUI, that’s a whole different story. As a general rule of thumb, the sentencing and penalties for crimes get worse with each subsequent offense, and DUI is NO exception.

If you’ve been convicted of DUI in Florida before, you’ve already been through the wringer. So understandably, you’re going to want to fight your DUI charges.

In the face of a second DUI, here are the penalties that you are up against:

·         Fines ranging between $1,000 and $2,000.

·         If your blood alcohol level (BAL) was 0.15% or higher or if you had a minor in the vehicle, you face up to $4,000 in fines.

·         Up to 9 months behind bars.

·         With a BAL of 0.15% or above, or a minor in your vehicle, you could be sent to jail for up to 12 months.

·         30 days vehicle impoundment.

·         License revocation for a minimum of 5 years (if this was your second DUI within 5 years). However, you may be eligible for a hardship reinstatement after one year.

·         If it’s been more than 5 years since your first DUI, your license will be revoked for 180 days to 1 year.

·         If you are a commercial driver’s license holder, you will be permanently disqualified from driving commercial vehicles.

·         You are required to complete DUI School (second DUI within 5 years).

·         You will be required to install an Ignition Interlock Device (IID) for at least one year.

When does it become a felony DUI?

Generally, first and second DUIs are misdemeanors. If an intoxicated driver caused personal injuryor property damage to another, they are guilty of a first degree misdemeanor, punishable by up to a $1,000 fine and up to one year in jail.

On the other hand, whenever someone is convicted of a third DUI within 10 years, he or she is guilty of a third degree felony, punishable by a fine not to exceed $5,000 and/or 5 years in prison.

Are you facing charges for a second DUI in Miami? Don’t hesitate to contact my firm, Jonathan Blecher, P.A. for a free case evaluation. As a former prosecutor with over 30 years of DUI defense experience, I have what it takes to defend you!

Miami Beach Police Secure $100K for DUI Enforcement

According to a recent article in the Miami New Times, the number of drunk driving arrests in Miami Beach have been noticeably down in recent years.

In 2011, a reorganization of police patrol zones made it so the local police were concentrating more of their efforts towards combatting other types of crimes than nabbing drunk drivers.

The 2011 changes pressed on despite the fact that Miami Beach continues to have a high number of alcohol-related accidents. Of all of the Florida cities with more than 75,000 residents, Miami Beach comes in sixth for DUI crashes, despite the fact that it has a relatively low population.

Things are about the change. The Miami Beach Police Department secured a $100,000 grant from the Florida Department of Transportation, money which is going to the department so it can beef up its DUI enforcement efforts, the Miami New Timesreported.

What You Can Expect in 2016

So, what does this $100,000 grant mean to you? You can expect to see more DUI checkpoints and saturation patrols throughout Miami Beach in 2016. Part of that money will be used to pay for the officers’ work and overtime.

Under the law, all of the saturation patrols and checkpoints will be publicized by the department through traditional media and social media outlets. Additionally, the department will be running an awareness campaign with the infamous slogan that’s used nationwide, “Drive sober or get pulled over.”

The department’s goal is to reduce drunk driving crashes by 3 percent, and they intend to increase the city’s DUI arrests by 7 percent. Over the life of the grant, the campaign will include 21 saturation patrols and three checkpoints.

In 2013, the Miami Herald reported that after the patrol reorganization, DUI arrests were down below 500 a year. In 2009, the Miami Beach Police Department made nearly 1,200 DUI arrests.

If you’re facing DUI charges in Miami, contact Jonathan Blecher, P.A. to work with a former prosecutor with over 30 years’ experience!

Former Marlins Pitcher Faces DUI & Child Abuse Charges

CUTLER BAY, Fla. – On Thursday, Dec. 10, former Florida Marlins pitcher Hansel Izquierdo was arrestedon several charges, including driving under the influence and child abuse, CBS Miami reported.

According to police, at first Izquierdo was observed trying to avoid a road detour, so he drove into an oncoming lane. Then, he was seen swerving as he continued driving near Old Cutler Road and Southwest 92nd Avenue, according to the arrest report.

Once he was pulled over, Izquierdo allegedly switched seats with a woman and denied that he was driving at all. In the car with Izquierdo and his female passenger were three young children, one of which was laying on the laps of two of the brothers in the back seat, and not properly secured in a seat belt.

The arresting officer said that Izquierdo’s breath smelled like alcohol, his speech was slurred, and his eyes were glassy. After the officer spoke to Izquierdo, he was put under arrest and placed into police custody.

Izquierdo played briefly for the Florida Marlins. In 1995, he was drafted in the 7th round and played one season with the team. His baseball career ended in 2005, after spending his final days playing for the Pittsburgh Pirates.

In some states, if an individual drives under the influence with a minor in the vehicle, he or she may be charged with child endangerment. In Florida, this situation may result in "child abuse" charges.

If you are caught driving under the influence of drugs or alcohol in Florida with minors in the vehicle, you could be charged with child abuse under Sec. 827.03 of the Florida Statutes.

Under Florida law, child abuse is defined as the intentional infliction of mental or physical injury upon a child, or it is an “intentional act” that could reasonably expected to result in physical or mental injury to a child.

In Izquierdo’s case, the act of drunk driving could be expected to cause physical injury upon a child, especially if he were to be involved in a DUI crash.

In Florida DUI cases where a child is not actually harmed by a drunk driving incident, the driver is typically charged with a third degree felony, punishable by 5 years in prison and a fine not to exceed $5,000 (for child abuse).

Additionally, having minors in the vehicle will bar Izquierdo's referral to any first offender diversion program, such as the Back on Track Miami Program. 

Arrested for drunk driving in Miami? Call Jonathan Blecher, P.A.to speak with one of Miami’s top-rated DUI defense attorneys for free!

Florida Warrants for Old DUI Probation Violations

On occasion, a person will find out that they have a warrant in Florida for a probation violation on a DUI that they got years earlier. Let’s say that “John” thought his case was closed back in the early 1990s, which is when he contacted Broward County and they had him pay a $500 fine.

At that time, the court told John that everything was clear. Like many people, John didn’t stay in Florida his whole life. He eventually moved out of state and got his driver’s license there.

It’s been over 20 years since John’s Florida DUI; he hasn’t so much had a speeding ticket since then.

Now, it’s 2015 and John just found out that he has a warrant for his arrest in Broward County, Florida. What should he do? He contacted Broward County and they told him to send them a letter explaining his situation; they refused to give him any kind of “legal advice” over the phone.

If you’re in a similar situation and dealing with the Broward County courts, first I want to say that they can be difficult to deal with. I know this from having to deal with their court system for over three decades.

If you have an outstanding warrant like John, you can’t expect the Clerk’s Office staff to be helpful, but they may be more helpful to a DUI lawyer who “speaks their language.” Such an attorney can determine the nature of the problem and find the appropriate solution.

In my experience, a great way to get information in these situations is to have a DUI attorney go through the judicial assistant who works for the judge on the case.

If you’re dealing with a similar scenario in Miami-Dade County and you have a warrant out for your arrest due to a DUI probation violation, I strongly suggest that you contact my office to schedule a free case evaluation. I’d be glad to get to the bottom of this so it can be resolved as quickly as possible.

Just a few of my qualifications include being a member of the National College for DUI Defense, selected for inclusion in Florida’s Super Lawyers®, and the AV® Rating from Martindale-Hubbell®.

Can I Get a Hardship License After a 2nd DUI?

Were you arrested for your second DUI offense in Miami? Let’s say it’s been less than five years since your first DUI, and now you’re facing a five year license revocation. Are you eligible for any type of license before the five years are up?

When a person is given a five year suspension for a 2nd DUI within five years, they can apply for a hardship/business purposes license after one year has passed.

So, if it’s been more than one year into your five-year suspension period, you may be eligible for a business permit, assuming you haven’t been charged with any driving-related offenses since the five-year suspension took effect.

If that’s the case, you may be allowed to participate in the “reinstatement program,” a costly program, which involves monthly monitoring by the DHSMV, or by a program of their choice.

Even if you’re at least one year into your five-year license suspension, it doesn’t mean that you’ll automatically be granted a hardship license, but it does mean that you are eligible to apply under your DUI suspension.

To be eligible for a hardship license, you must meet the following criteria:

• If referred, you must complete DUI school and treatment.
• You must have a favorable recommendation from the Special Supervision Services Program.
• You must stay in the Special Supervision Services Program for the duration of your revocation in order to keep your hardship license. 

If you receive a hardship license, you must complete the required examination, pay an administrative and revocation reinstatement fee, and any license fee required.

Ignition Interlock Device (IID) Requirement

Florida law states that certain persons convicted of DUI are required to install ignition interlock devices (IIDs) on their vehicles. Under Sec. 322.271, F.S., anyone convicted of DUI who applies for a restricted license for work or business purposes is required to install an IID.

If you are facing charges for a second DUI offense in Miami-Dade County, reach out to my firm to work with a Miami DUI lawyer who is selected to Florida’s Super Lawyers®,AV® Rated by Martindale-Hubbell®, and a proud member of the National College for DUI Defense!

Click here to request your free case evaluation! 

DUI for Prescription Drugs

While many simply associate a DUI with driving drunk, a person can also be arrested for DUI if they are under the influence of prescription drugs. Regardless of whether or not the driver legally had access to their prescribed medication, Florida DUI laws cover any sort of impairment that stems from an unnatural substance, providing no special treatment for prescription drug users and subjecting them to the same penalties of any other DUI charge.

Drugged driving cases can be quite complex and much more difficult to prosecute due to the complications involved in proving a person’s intoxication. Unlike alcohol where a breathalyzer test can be administered, there are no set standards for measuring a person’s level of prescription drugs in their system. This is set to change, however, as the National Highway Traffic Safety Administration (NHTSA) has convened an expert panel in an effort to figure out a way to assess a person’s level of impairment.

What Types of Prescription Drugs Can Cause a DUI Charge?

A variety of prescription drug types can lead to a DUI charge. Simply put, any drug that causes drowsiness, impaired motor skills, or has a label that says “do not operate a vehicle or heavy machinery” can cause you to be pulled over and accused of DUI.

Among others, the following drugs can all lead to a DUI charge:

• Vicodin
• Percocet
• Xanax
• Valium
• Over-the-counter medication

If you have been arrested for a prescription drug DUI, I, Attorney Jonathan Blecher, can provide you with a powerful defense. Having been providing exceptional DUI defenses in Miami since 1982, I have gained invaluable knowledge that can be instrumental in securing a not guilty verdict on your behalf.

Call my office today at (305) 707-0036 to get started towards a results-driven defense.

Florida Man Hits Pedestrian, Charged With DUI Manslaughter

COOPER CITY, Fla. – A Cooper City man who was arrested for driving under the influence is now facing additional charges after allegedly running over a pedestrian who was out late walking his dog.

The victim’s ex-wife called the victim a great father, a great son, and a “great guy.” Everybody loves him, said B. Ledesma.

A man suspected of drunk driving struck R. Wimpey, 52, as he walked his dog just steps away from his Cooper City apartment.

As Wimpey was receiving treatment at the hospital, his family was hopeful that he would survive his injuries, but now that his body succumbed to them, they are devastated.

Ledesma said Wimpey’s mother is 80 years-old and his daughter is 18. His daughter is already asking Ledesma about who’s going to walk her down the aisle when she gets married. She’s asking, “Who’s going to see my grandchildren?”

The accident happened in the early morning hours of Sep. 11, shortly after 1:00 a.m. Wimpey took his dog, Ana, out for a walk, and he made sure that she was wearing a yellow, reflective vest so as to be seen by motorists.

According to police, Wimpey’s neighbor, M. Smith was driving under the influence of alcohol when he struck Wimpey at the corner of SW 52nd and 90th Way.

One of the neighbors, E. Gonzalez, told CBSMiami that she heard a skid around the corner and knew that someone was going a little bit too fast.

Another neighbor, M. Marcais, said that heard the screaming and crying, and that he noticed the dog, Ana running around.

Smith did not flee. Instead, he remained at the scene until he was arrested on DUI charges. Meanwhile, Wimpey was transported to a local hospital where he received treatment for a broken leg, a collapsed lung, and a traumatic brain injury. Eleven days after the accident, Wimpey died as a result of his injuries.

Smith was re-arrested on Sep. 30 on new charges and appeared at Broward County Court. Smith has been charged with DUI manslaughter and vehicular homicide.

Need a Miami DUI attorney?

If you’re facing DUI charges in Miami-Dade County, you need an aggressive defense attorney. As a former prosecutor who is not only a member of the National College for DUI Defense, but selected for inclusion in Florida’s Super Lawyers®, I have the qualifications you need for a strong defense!

Call Jonathan Blecher, P.A.to schedule your free case evaluation!

‘Fair DUI’ Creator in Cuffs at a DUI Checkpoint

Almost everyone has heard about the Boca Raton attorney who came up with a controversial method for getting out of a DUI checkpoint. Attorney Warren Redlich is the one whose technique requires that drivers do not lower their window or speak to officers at a DUI checkpoint.

He recently tried out his technique in Coral Gables and wound up in handcuffs.

Earlier this year, Redlich’s method for avoiding a DUI checkpoint was all over the news. Per his method, instead of rolling down your windows, you press a card to your driver’s side window that reads, “I remain silent, no searches,” and you show your license and registration through the window.

But when Redlich tried it in Coral Gables, he was repeatedly warned by the officer. The police weren’t going to accept the documents through the glass technique. A camera captured the officer opening the door and handcuffing Redlich.

Redlich said that they think he’s required to roll down the window and hand over his license and he thinks he’s not required by law to do that, he told CBS4.

To Redlich, DUI checkpoints are a waste of time. He calls them ineffective and says they’re publicity stunts. They don’t work, he told CBS4’s David Sutta in an interview.

Redlich also believes that DUI checkpoints violate people’s 4th Amendment protections against unlawful searches.

Redlich Wanted to Make an Example of Coral Gables

According to Redlich, he didn’t end up in Coral Gables that evening by chance, he deliberately went there to make an example out of Coral Gables.

After Redlich’s “Fair DUI” made the headlines, Coral Gables attorneys took a closer look. They adopted a policy that according to Redlich, was more extreme than anything he’d seen before.

If a driver refuses to open their window at a checkpoint, they could get arrested. The penalty is usually a ticket for a non-moving violation.

That night in Coral Gables, Redlich was handcuffed for three hours. He says he’s confident that he’s right and they are wrong. In the end the officers let him go. He was ticketed for failing to show his driver’s license.

Coral Gables City Attorney Craig Leen told CBS4 that the officer has discretion, and that Redlich could still be charged with obstruction of justice. Leen called the situation sad and said that he’s playing a game, that he’s not here for any purpose but to obstruct a DUI checkpoint and that, he said, is wrong.

As Redlich considers taking his argument to federal court, the city is ready to fight back. Leen said that he will defend his view and they will prevail.

If you were arrested for DUI, contact my firm to get your legal questions answered by an experienced Miami DUI attorney who is a former prosecutor. 

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. 

If You Refuse to be Tested on the Blood, Breath, or Urine Tests, Will You Lose Your License?

Chemical tests go hand-in-hand with DUI charges. Blood, breath, and urine tests are often the cornerstone of the case against an individual arrested for drunk driving. Because of the significance of these tests, it can be tempting to refuse when asked to take one by a police office. After all, if they don’t have concrete evidence against you, they certainly can’t arrest you, right?

Unfortunately, it is not always so black and white. Refusing to take a chemical test has serious consequences and doesn’t guarantee that you will avoid DUI charges. Before you refuse an officer’s request, it is important to first understand your rights.

The Basics of Florida’s Implied Consent Law

In Florida, there is something called the implied consent law. This law states that if you are lawfully arrested by a police officer who has probable cause to believe you have been drinking and driving, then you consent to taking a chemical test – blood, breath, or urine. The officer can require you to take more than one test and you must consent to each request, except in the case of a blood test where other pre-conditions are in play.

This law also imposes penalties on those who refuse to comply. The penalty for refusing to take a chemical test is based on your criminal record and the circumstances of your arrest. According to state law, the penalties for refusing to take the test are:

• First offense: one year license suspension
• Second offense:18 month license suspension
• Third offense: 18 month license suspension

Second and any subsequent refusals can also invoke jail time and possible fines. While the consequences for refusing to take a chemical test are certainly lighter than those for a DUI, they can still be permanently damaging. Additionally, just because you didn’t take the test does not mean you’re off the hook for a conviction.

In short, whether you are facing the penalties for a chemical test refusal or are at risk of a DUI conviction, you need an experienced DUI attorney on your side. Accused individuals turn to my firm because they trust my legal background and unmatched devotion to their case. With 30 years of experience behind me, no charges are too complex for me to handle.

Fight for the outcome you need. Get in touch with my firm in Miami to schedule your free consultation! 

Is Florida a Member of the Driver License Compact?

With places like the Zoological Wildlife Foundation, the American Airlines Arena, Vizcaya Museum and Gardens, Zoo Miami, Miami Beach, the Art Deco District, South Beach, and Little Havana, it’s no wonder why tourists flock to Miami.

Since Miami is a magnet for tourists and “snowbirds,” DUI attorneys see their fair share of out-of-towners who are arrested for DUI.  If you were arrested for driving under the influence while visiting Miami, you’re probably wondering how a Florida DUI will affect your driving privileges in your home state.

Will your home state find out about the DUI? Will your license be suspended back home? It depends if your home state is a member of the Driver License Compact.

What is the Driver License Compact?

It is an interstate compact used by all but five states to exchange information about the traffic violations and driver’s license suspensions of nonresidents.

The theme of the Driver License Compact is “One Driver, One License, One Record.” This means that if you get a DUI in Florida, your home state would treat the DUI as if it was committed back home. This means that your home state would apply its state laws to your Florida DUI offense.

In other words, your home state would treat the Florida DUI as if it happened at home. So, you would face the same penalties as if the DUI was committed in your home state. This would apply to an alcohol-related DUI, a DUI involving prescription or illegal drugs, a hit and run, a DUI accident, a DUI with injuries, or DUI manslaughter.

The five non-member states are Massachusetts, Michigan, Tennessee, Wisconsin, and our neighbor Georgia.

Under the Driver License Compact:

• Your Florida DUI will be reported to your home state.
• The DUI laws in your home state will apply to your Florida DUI.

Regardless of what state you live in, you can’t ignore your DUI criminal court hearing. Plus, if your DUI case goes to trial, your presence may be beneficial since juries tend to be more understanding when they can look a defendant in the eyes.

Will an Administrative License Suspension be Reported?

Interestingly, pre-trial administrative license suspensions (done immediately upon arrest) are not reported to the National Driver License Registry. Under the Compact only convictions from a court will be transmitted.

Under the Compact, a "conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

The good news is that if your DUI charges can be reduced or dismissed, your home state may not take any action against you. To discuss your options and legal strategies, contact my firm, Jonathan Blecher, P.A. for a free consultation!

Sentences Vary Widely in DUI Death Cases

In a recent case, a 20 year-old girl, tweeted “2 drunk 2 care” before killing her two friends in a drunk driving crash. Though she was overwhelmed with guilt and tearfully expressed her remorse, faced with her friends’ angry relatives, a Broward judge sentenced her to 24 years.

Just days later, a 54-year-old alcoholic stood before a Miami judge awaiting his fate for driving into a Liberty City restaurant while under the influence, killing two church elders. The victims’ relatives forgave the defendant, who was sentenced to 10 years.

On the same day that he was sentenced, in a quiet courtroom with no news cameras, a 27 year-old lady faced the music for killing one person in a DUI crash, and killing another in a hit-and-run crash while she was on bail in the first case. The Miami-Dade judge sentenced her to just four years.

The daughter of the second victim she killed said that she is still shocked she only received four years. She said that she’s still upset and depressed.

Florida’s Mandatory Minimum Sentence

Under Florida law, any person convicted of DUImanslaughter shall be sentenced to a mandatory prison term of 4 years. However, as these recent cases demonstrate, the prison terms for DUI manslaughter vary widely from case-to-case, and from county to county.

According to the Miami Herald, in over 400 fatality cases since 2012, the statewide average for DUI manslaughter is less than 10 years in prison. Of all counties, Miami-Dade had the most cases over that time span, with 66 cases. Of those, the lightest average sentences served were 6 years. In contrast, Broward had 27 cases, with defendants in that time span serving just less than 10 years.

Broward has a reputation for being harsher than Miami-Dade County, the Miami Herald reports.

In Palm Beach, the average sentences are even higher, with convicts averaging 11.54 years for DUI manslaughter, while defendants in Hillsborough County serve just over 10 years.

According to legal experts, the reasons for the disparity in the sentences stem from an array of factors, including the skill of defense attorneys, the circumstances of the crash, the defendant’s criminal history, media attention, and the desires of the victims’ family members.

While judges can’t speak publicly about cases, former Miami-Dade judge, Ellen Leesfield told the Miami Herald that judges must have the courage to hammer someone when they deserve it, and the courage to give someone a break when they deserve it.

Arrested for DUI in Miami? Contact my firm, JonathanBlecher, P.A. to schedule a free case evaluation.

Source: http://www.miamiherald.com/news/local/article27347041.html

98-Year-Old Killed in Palm Springs DUI Crash

A man was arrested on July 10 on suspicion of DUI manslaughter after a drunken collision left a 98-year-old man dead in May, Palm Beach police say.

V. Pineda, 20, of West Palm Beach, faces felony charges stemming from a four-vehicle crash that he allegedly caused in May.

The fatal crash occurred on May 3 at around 10:15 a.m. in the 2900 block of South Congress Avenue after Pineda drove a 2001 Mitsubishi into a Honda that was stopped at a red light.

According to the police, the crash involved four vehicles and resulted in more than $10,000 in property damage.

N. Reitti, 98, of Lake Worth was a passenger in the Honda that Pineda slammed into. Reitti was transported to a local hospital after the crash – he succumbed to his injuries and died days later, according to the Sun Sentinel.

Pineda was driving with an expired tag on his vehicle, he didn’t have personal injury protection insurance, and according to the report, there was a “heavy odor” of alcohol on his breath.

In the report, an officer wrote that at first Pineda cried and felt sorry for the injured passenger, but then he started laughing.

Pineda’s blood alcohol concentration was .184 and .183, according to police – more than twice the legal limit.

Pineda was initially charged with DUI with injury, however, that charge was dropped last week. The authorities rebooked him into Palm Beach County Jail on Friday on a DUI vehicular manslaughter charge; he is being held in lieu of $100,000 bail.

He was still in jail on late Tuesday, the Sun Sentinel reported.

What are the penalties for DUI manslaughter?

DUI manslaughter in Florida is a very serious offense, which involves mandatory minimum sentencing. If Pineda is convicted, he faces from 4 to 15 years in prison, up to $10,000 in fines, possible victim restitution, and a non-expungable felony on his record.

Are you facing DUI charges in Miami? Regardless of the circumstances in your case, choosing the right Miami DUI lawyer to defend you can make all the difference. You cannot take chances with your future – contact my firm today!

Over Fourth of July, Water Cops Cracked Down on Boaters

On the Fourth of July one year ago, a three-boat crash on the waters of Biscayne Bay claimed the lives of four people, turning a post-fireworks celebration into a deadly mess.

In response to the crash, authorities called for additional patrols and the establishing of new limits for boaters on popular holidays, such as Memorial Day and the Fourth of July.

For this year’s Fourth of July holiday, water cops were cracking down on boaters. Some of their new enforcement efforts included how boats had to be tied together, temporary low-speed zones, and of course, a zero tolerance for boating under the influence.

The marine police and the Coast Guard wanted to prevent another tragedy from occurring during one of the most popular holidays for recreational boating. During the Fourth of July, it is common to see hundreds of boaters, swimmers, smaller craft and plenty of beer in Biscayne Bay.

Key Biscayne Police Chief Charles Press told the Miami Herald that they know that people like to party, and that the Fourth of July is a big day in America. He said that they want to ensure that good people who want to enjoy the day go home safe to their families.

In 2014, Miami-Dade County had the most boating accidents in the state. According to the 2014 Boating Accidents and Statistical Report released by the Florida Fish and Wildlife Conservation Commission, there were 79 boating accidents in Miami-Dade last year.

Those accidents killed 10 people and injured 47, leading to $2.2 million in property damage. The deadliest crash was last Fourth of July, the Miami Herald reports.

Penalties for Boating Under the Influence

Much like drunk driving accidents, one of the leading causes of boating accidents is boating under the influence of alcohol. In Florida, you can be arrested for boating under the influence(BUI) if you’re caught operating a boat after drinking alcohol.

The penalties for BUI vary depending on the circumstances of the case and whether you have prior BUI convictions. A first conviction for BUI without aggravating factors such as bodily injuries or death is punishable by up to $500 in fines, and up to 6 months in jail. Subsequent BUI convictions incur enhanced penalties.

If you are facing BUI charges, it is imperative that you speak with a qualified Miami BUI attorney. Contact my firm to discuss your legal defenses in a free case evaluation!