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.

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. 

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!

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! 

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!

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!

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!

I Failed the Field Sobriety Tests – Is There Hope That I Can Avoid a Conviction?

When you are pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol and the police officer asks you to submit to a few field sobriety tests, in most cases the wise choice is simply to refuse. You can’t be punished for refusal and it is possible that the officer doesn’t have the means to conduct any blood, breath, or urine tests right then and there. However, if you are like most of us, you might not have known that you could refuse those roadside tests and agreed to take them.

And then you failed them. So what now? Does this mean you are definitely facing a DUI conviction that will slap you with high fines, a suspended license, and possibly even jail time? Not necessarily.

Field Sobriety Tests are Notoriously Unreliable

When you think about field sobriety tests, you are probably thinking about standing on one foot on a bumpy road, walking a straight along a line that is anything but, or trying to recite the alphabet backwards. And you wouldn’t be misled. Those are some of the most common forms of testing someone curbside, along with having to follow the end of a pen while a bright flashlight is shone right in your eyes. At first glance, there are immediate problems with these tests.

More or less, there isn’t a single field sobriety test that is completely reasonable. Even standing on one foot for a minute can be difficult for someone who is sober, especially if they are elderly, overweight, or suffering from a leg injury. And when was the last time any of us recited the alphabet normally, let alone backwards?

Worse yet, the results are entirely subjective. There’s no data sheet printing out in the officer’s car that has the empirical results of your field sobriety tests. He doesn’t have some fancy device that studies your motions with a computer’s precision. These tests are subjective and based on the judgment of the police officer.

With the assistance of a skilled Miami DUI defense lawyer such as myself, Attorney Jonathan Blecher, the prosecution’s claims can be entirely dismantled. By pointing out the numerous flaws in field sobriety test results and presenting critical evidence on your behalf, I could help you walk free after a complete dismissal of your DUI charges. With a perfect 10.0 “Superb” Avvo Rating and more than 3,000 DUI cases under my belt, you can trust me to protect your rights with the precision and dedication that few other defense attorneys could.

Start building your DUI defense case by scheduling a free case review with me today!

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.

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! 

Can a DUI Conviction Affect Child Custody?

If you were recently arrested for DUI and child custody is an issue, you may be wondering if a DUI conviction could have an impact on child custody, and understandably so!

Are you worried that if your children’s other parent learns of your DUI, that they will use this as an opportunity to gain custody? Unfortunately, a DUI conviction can have a bearing on child custody proceedings but it all depends on the facts of the case.

Why a DUI Could Pose a Problem

In theory, each child custody case boils down to the best interests of the children. Because good moral character is relevant to this determination, anyone with a criminal conviction may find a DUI a major factor in any subsequent child custody proceeding.

The court will consider the following factors:

• The criminal history of both parents
• The nature of the criminal offense
• Your blood alcohol concentration (BAC) at the time of arrest
• If your child was in the vehicle with you
• The age of the DUI conviction
• If there were other aggravating factors (e.g. if someone was hurt or killed)
• If you have multiple criminal convictions

Even though a DUI conviction is not a crime of violence, any drug or alcohol-related conviction can impact a child custody case. This is because family law judges view driving under the influence as reckless behavior that endangers minor children.

If the DUI conviction is old, you can present evidence proving that it was an isolated event. The judge’s focus will then shift on present day circumstances. In contrast, a recent DUI conviction shows poor judgment or dangerous behavior and will be more difficult to overcome in a child custody proceeding.

If you are sentenced to jail, especially for a second or subsequent DUI offense, the court will be concerned over how a sentence will create a stability issue for your children.

Generally, the family courts don’t like it when a child has to bounce around from relative to relative while you’re in jail. If your child’s other parent can establish that they can provide a stable environment, then your ex has a better chance of gaining full custody.

If the custody battle is close, a DUI conviction can be the final factor that tips the scales in your ex’s favor.

If you are facing DUI charges in Miami and are concerned about how a DUI conviction would impact your child custody case, contact me, Jonathan Blecher to work with a former prosecutor with over 30 years of experience!

Can I Represent Myself?

If you have ever been arrested on criminal charges, such as a DUI, you should recognize the line in the Miranda Rights that states that “if you cannot afford an attorney, one will be appointed to you.” Even if you have never been in handcuffs, you’ve probably heard a movie or television character say this exact phrase. But why is it so popular? Why do we all have a right to a lawyer? Can’t you just skip all that and represent yourself in the court of law? Does a man who represents himself have a fool for a client?

The short answer is: Maybe. Just as you have every right to a state-appointed attorney, if you qualify financially, you also have the right to act as your own lawyer. For small civil disputes that don’t involve thousands of dollars, seeing a professional attorney may not be required. But, when you begin considering all the details and pitfalls of a criminal case, the answer becomes much less straightforward.

Representing Yourself Can Be Extremely Difficult

In a criminal case, there is so much at stake, it doesn’t really make sense to go it alone. An experienced criminal defense attorney will be able to analyze your case, gather evidence, and begin to deconstruct the prosecution’s claims with much greater success than the Average Joe. Not to mention they will be able to do it much faster. Sometimes you lose track of time and the court date is only a few weeks away – without an attorney, you could be sunk.

Even if you are 100% confident in your innocence, and even if you feel you are charismatic enough to present a strong case in your defense, you should retain a criminal defense lawyer. If nothing else, brainstorming and reviewing evidence with someone who has dedicated their lives to litigation can be the grain of sand that tips the scales in your favor.

Lastly – paperwork. There’s going to be a lot of it, and it will vary depending on the court you’re dealing with. Simply filing a lawsuit or receiving a sentence requires attention to detail and proper procedures that can be a real headache if you lack familiarity with them.

In summation, yes, you can represent yourself in court but it is not highly recommended. If you have been arrested for a DUI, contact me, Attorney Jonathan Blecher, to be your Miami criminal defense attorney. With my help, you can take the guesswork out of your case and step into court with confidence.

Will a DUI Stop Me From Getting a Passport?

When people are arrested for DUI, they know that a conviction can easily mean upwards of $1,000 in fines, community service, imprisonment for up to 9 months, and up to a year license revocation – and that’s all just for a first offense.

With Florida’s harsh DUI penalties, it’s not surprising why someone who wishes to travel outside of the U.S. for work or pleasure might worry how a DUI might affect their ability to get a passport.

Will a conviction for DUImake it so you can’t get a U.S. passport? Typically, a person’s passport privileges are not automatically revoked once someone is convicted of driving under the influence, even if they were convicted of a felony DUI.

While most people won’t be denied a passport because of a DUI conviction, it doesn’t mean that a DUI can’t technically block someone from getting a passport. For instance, it is possible for someone to be forbidden from getting a passport in the following circumstances:

• The defendant is considered to be a flight risk.
• They defendant is facing a felony-related subpoena.
• As a condition of probation or parole.

In the above scenarios, the court can revoke a defendant’s passport privileges, but this is more the exception than the rule.

You Could Face Restrictions When Travelling

The majority of DUI defendants don’t have any problems applying for a passport, however, they can face restrictions when travelling to certain countries. For example, Canada maintains the right to deny entry to noncitizens who have any criminal record, even for a simple DUI.

Even if you are able to obtain a U.S. passport, as long as you have a DUI conviction on your record, Canada may not let you in to the country; Mexico may not let you in either.

If you are convicted of a felony DUI, and you want to travel to Canada or Mexico via ship, you won’t be allowed to get off the boat. In effect, getting a U.S. passport may be easy, but you may not be let in to certain countries.

Contact my firm to fight your DUI charges, or if you have further questions about travelling outside of the U.S. with a DUI. 

Will a DUI Affect My Credit Score?

While a DUI conviction isn’t directly reported on your credit report, it can certainly have indirect consequences which could cause your credit score to plummet.

If you have been diligent about maintaining a good to excellent credit score, you may want to consider the following factors before doing anything that could unintentionally impact your FICO score.

Paying for Your DUI

At first glance, a DUI and your credit may seem unrelated, but they can be connected in more ways than one. For instance, the fact that most DUI-related costs can be put on a credit card is one reason why a DUI can cause credit scores to tank.

Essentially, if you don’t have the cash on hand to pay for all of the court and insurance-related costs of a DUI, you can be headed for trouble.

DUI costs may include:

• Between $500 and $4,000 in fines
• Fees in place of community service ($10 per hour)
• Vehicle impoundment fees
• Ignition Interlock Device (IID) fees
• DUI school fees
• Restitution for property damage
• Increased insurance premiums
• Civil judgements against DUI defendant

If you are convicted of DUI, not only do you face court-ordered fines among a host of other mandatory fees, you’ll face skyrocketing insurance premiums – all of these expenses add up and affect your bottom line.

Your auto insurance rates could double or triple, and if your credit takes a hit because you can’t afford to pay all of your bills and DUI-related costs, your auto insurance can increase even more since insurance companies factor in a driver’s credit rating when setting rates.

How a DUI Can Impact Credit

If you’re convicted of DUI and you can afford to cover all of the costs, fortunately a conviction shouldn’t affect your credit score. For those who can’t afford a conviction, their credit score can be affected because:

• Putting thousands of dollars on credit cards to pay all of the DUI-related costs increases a person’s credit utilization ratio – impacting credit scores.
• Unpaid fines are sent to collections, and reported for seven years.
• Judgements affect credit scores.

If you can afford to pay all of the DUI-related costs, a conviction still shows up on a criminal background check. Meaning, a DUI conviction can block you from getting that enticing job you want, or it can result in being passed up for a job promotion when another candidate has a spotless record.

To fight your DUI charges, work with a former prosecutor and proven Miami DUI defense lawyer; call AttorneyJonathan Blecher to schedule a free consultation! 

Can I Be Deported for a DUI?

Miami is infamous for its large population of immigrants who come from places such as Cuba, Central America, and South America. With so many immigrants living in Miami-Dade County, it’s understandable why many Miami residents are concerned about the immigration consequences.

Florida has some of the toughest laws in the nation, and DUI is no exception. The consequences of a DUI conviction can be even more severe for someone who has U.S. permanent resident status, or someone who is in the U.S. illegally.

What DUI Stands For

DUI refers to driving under the influence of alcohol or drugs, whether they are legal or illegal. The facts surrounding each DUI case can be very different. While a simple DUI may involve less than .015% blood alcohol content (BAC), and no accidents or injuries, many DUIs involve accidents, reckless driving, bodily injuries and other aggravating factors that can lead to a felony conviction.

Multiple DUI convictions, child endangerment, DUI with injury and DUI manslaughter – these are all aggravating factors that will be weighed by the immigration authorities when deciding whether a conviction will be grounds for deportation.

I have a green card. Can I be deported?

Unfortunately, yes you can; having a green card does not preclude you from removal proceedings. If you are convicted of DUI, you could be subjected to removal proceedings. In that case, an immigration judge will determine if your offense is included under the grounds of deportability.

An immigration judge could rule against you, and your green card can be taken away. You would then be removed from the U.S. and barred from reentering for several years. In regards to a DUI, the following could subject a green card holder to deportation:

• A conviction for an aggravated felony
• Committing a crime of moral turpitude within five years of admission
• A violent crime conviction
• Two different crimes of moral turpitude
• An offense that involves a controlled substance (drugs)

The outcome of your case will depend on your individual circumstances and any previous criminal convictions. Even if you are not deported, if you leave the U.S., your DUI can present another set of problems under the laws addressing the “grounds of inadmissibility,” which could bar you from reentering the U.S. when applying for a green card or U.S. visa.
If you’re a non-U.S. citizen facing DUI charges, please don’t attempt to handle your case on your own. As an experienced Miami DUI defense attorney, I can explain the immigration consequences of a DUI and provide you with a hard-hitting defense. Call now for a free case evaluation!

Margin of Error in a Breathalyzer Test

To this day, breathalyzer results are often relied upon as strong and conclusive evidence that an individual is guilty of drunk driving. Unfortunately, it has slowly become more apparent that these results don’t hold the irrefutability some have claimed. Researchers, scientists, and attorneys have spent years analyzing breathalyzer machines to arrive at similar conclusions: things are not as they seem.

Why are breathalyzers so faulty?

It is helpful to first understand how a breathalyzer machine operates. The suspect blows air into a device, which is then supposed to calculate the amount of alcohol in their system. However, the calculations are based on mere averages and therefore not unique to each test-taker.

The breathalyzer determines a person’s blood alcohol content (BAC) by multiplying the content of alcohol in the air by 2,100. This number is used because the “average” person typically has 1/12100^th the amount of alcohol of an equal gallon of blood when they exhale. Clearly, what is average for one person may be far from correct for another.

Studies have shown that breathalyzer results vary at least 15 percent from the actual BAC. This is a significant deviance that officers fail to take into consideration. Compounding this problem is the fact that at least 23 percent of all tested individuals will get results that are higher than their actual BAC!  

There are also numerous factors that can influence a breath test reading, but are often ignored by law enforcement.

Results can be tainted by any of the following:

• Carbonation
• Body type
• Age
• Fat/muscle content
• Alcohol intolerance
• Food consumption

What officers are taking at face value is clearly far from the truth. Many times, tests are administered improperly and the alleged offender suffers as a result. It is imperative that you retain a lawyer who will challenge your breathalyzer results. Simply sitting back and expecting a breath test to work in your favor rarely bodes well for those facing DUI charges.

The sooner you take action, the higher your chances for a favorable outcome. My firm’s Miami DUI lawyer has more than 30 years of experience and has successfully challenged countless breath test results for his clients. 

Schedule your free consultation by calling Attorney Jonathan Blecher today!