Bieber's Urine Test: Xanax and Pot

Here go...

The Miami Herald reported that "sources close to the investigation" leaked the results of Justin Bieber's urine test to them. According to the Herald sources, the test revealed the presence of Xanax and pot. It normally takes over a month to get a urine test result from the Miami-Dade State Attorney's Office. But, when your defendant is a teenage pop star, things move a little quicker.

My experience tells me that this is a preliminary toxicology screen and will be confirmed by gas chromatography at the University of Miami Toxicology Lab.

What does this mean for the defense?

It will be easier for them to deal with the pot, as THC can remain in the body and be released as a waste product in urine for weeks, or even months after ingestion. Xanax has a much shorter half-life and will be eliminated much faster. The lab will need to do a quantitative analysis for the amount of each substance and also to see if there is anything but a metabolite (the broken down by-product).

If the urine results hold up, the defense will have to attack them as waste products. Making this tougher will be the physiological symptoms observed and gathered by the Miami Beach Police during the drug recognition evaluation (DRE). And, don't forget the alleged admissions of Xanax and pot use.

For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.

Info About Justin Bieber's DUI Arrest in Miami Beach

Still remember this case?

Justin Bieber may have thought he was auditioning for a role in The Fast and the Furious when he was busted for racing on a quiet residential street in Miami Beach. The unfortunate reality was that it was an arrest of Bieber for DUI, Racing, Resisting Without Violence and Expired License by the Miami Beach Police Department.

His Charges

The mega pop star is alleged to have been racing a yellow Lamborghini on Pine Tree Drive at 4:30 A.M., according to police reports. It went downhill for Bieber after that. Police say they observed him to be in a stupor, smelled alcohol and that he failed to perform roadside sobriety tests to standards. A slew of F-bombs followed and ignoring officer commands tacks on a Resisting Arrest charge and of course, the Georgia license he had was expired. Alleged admissions of drug use (pot and pills). Read the arrest affidavit HERE.

A breath test result placed him well under the legal limit for presumed impairment in Florida which is .08% BrAC (Bieber was .011/.014 in two tests). So, the Miami Beach Police brought in Drug Recognition Evaluation expert, Officer Martin Dionne who runs Bieber through the paces to determine drug impairment and gets a urine sample. Results pending. Bieber was released on a $2,500 bond, the standard bond amount in this type of case. Follow this link to video of Bieber's bond appearance in Miami.

The Penalties That Bieber Is Facing

A "run of the mill" first offense DUI in Miami-Dade County with no aggravating circumstances would warrant referral into a DUI diversion program. Some community service, fines, DUI classes, charitable contributions, ignition interlock and the state drops the DUI down to reckless driving. Eligible for a record sealing. Bieber's problem is that he's not eligible because of the drag racing and resisting arrest charges.

If the state moves forward with the DUI part of the case, it will be because the urine test results come back dirty for drugs. Generally, without finding drugs in the car or an odor of pot or admissions, the urine results might be inadmissible. The theory being that they are not relevant to show impairment at the time of driving since urine tests only reveal ingestion of the drug at some time in the past. Blood tests are the only reliable way to establish the presence of drugs.

Although cannabis intoxication has been shown to mildly impair driving skills, this impairment does not appear to be severe or long lasting. Indriving simulator tests, this impairment is typically manifested by subjects decreasing their driving speed and requiring greater time to respond to emergency situations. Read On to a 1993 study by the National Highway Traffic Safety Administration.

Even if the DUI charge falls, he is still facing two serious misdemeanor charges: Drag Racing and Resisting an Officer Without Violence. Each of those can carry jail time, and if convicted of the drag racing charge, a mandatory license suspension.

For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.

Why DUI Videos Are Crucially Important

Police dashcam videos show how important the use of video technology can be when defending a DUI case. In the case of one such video, three police officers involved from Oklahoma were suspended for lying in police reports about the DUI arrest.

In Miami-Dade County, Florida police agencies across the board discontinued the use of dash-mounted cameras and in-station cameras nearly two decades ago. The public explanation was that the videotaping equipment was too costly to use and maintain. The Miami Chapter of the Florida Association of Criminal Defense Lawyers offered to pay for the maintenance and supplies for the VCRs. That offer was declined.

In fact, the real reason for the change in evidence gathering policy was that police and prosecutors were losing cases hand over fist as video evidence was inconsistent with police officer's testimony. Defendants were performing well on physical sobriety tests, incriminating statements attributed to the Defendants were not actually made and impaired driving patterns were not to be found.

Technology in 2013 has put us so far ahead of the cumbersome equipment used in the past. Every officer has, at a minimum, a smart phone capable of recording video on the scene. There are even body-mounted cameras are available to police agencies for as little as $199.00. A simple and inexpensive camera is also a bonus for officer safety and a built-in defense to accusations of police misconduct.

For over 30 years and over 3,000 cases defended, I have been representing otherwise good people who have been arrested for DUI and other serious crimes. Call my firm to find out more about how I can help you.

Jonathan Blecher Appears on Radio Talk Show

I had the pleasure of being invited to appear as a guest on a local radio program, Fried on Business, which is heard every Thursday from 5-6 PM on 880AM-The Biz, Miami's Bloomberg Radio affiliate. I appear on Jim Fried's program as a legal consultant on criminal law issues, particularly DUI and the business surrounding it.

This episode revolved around DUI and the holiday season. Jim and I discussed what rights people have during a DUI traffic stop, DUI sobriety checkpoints and whether roadside sobriety exercises are mandatory, or even fair. We also talked about breath, blood and urine testing and driver license suspensions that stem from a DUI arrest.

Jim's viewer's wanted to know what the penalties are for a DUI conviction in Florida and we went into some detail on that topic. We discussed how there are potential, long-term, negative collateral consequences that could flow from a DUI conviction including strangled employment opportunities, increased insurance rates and even immigration concerns. Did you know that Canada will turn you away at the border if they discover a U.S. DUI conviction on your record, unless you undergo a 5-year rehabilitation period?

We also discussed the concerns over distracted driving, which poses an even greater safety risk than DUI. A study by Car and Driver magazine concluded that reaction time and stopping distance was more severely affected by texting and reading e-mail than it was by driving with a blood alcohol of .08.

Listen to the interview by clicking here.

Is My Name Going to Be in the Paper After a Drunk Driving Arrest and What Can I Do About It?

Other people's misfortunes are always a source of interest. That's why newspapers continue to publish a "police blotter" of DUI arrests. It sells papers.

Newspapers themselves have dwindled in popularity as electronic sources of information have grown in popularity over the past two decades. Editors face less space in the print edition, lower ad revenues, less newsroom resources, less staff and an aging readership. Smart newspapers are using multimedia tools to enhance stories' relevance and accessibility. Online editions are easy to access by phone, tablet or desktop... and that creates reach and a fluid revenue stream.

You will find DUI mug shots in many papers, and online editions around the country. Police agencies will either buy space as an advertisement or the paper will use the unsold space as a way of drawing readership with the stated purpose of public responsibility.

Papers cloak themselves in the first amendment and argue protected speech. While the newspapers are a traditionally protected area of speech and commerce, the real problem is the mug shot websites that have sprouted up over the years. These sites purport to be providing a public service from public information sources, when it seems that the goal is to hold your mug shot hostage until you pay have it removed.

Recently, however, one of these mug shot companies, justmugshots.com, suffered a setback in U.S. District Court in Tampa, Florida and must defend a lawsuit against charges of privacy invasion and unfair trade. The New York Times recently reported that MasterCard, AMEX, PayPal and Discover would break ties with these types of companies.

Lower Blood Alcohol Limits For Younger Drivers

The legal drinking age in the state of Florida is 21, so anyone under 21 may face charges of being a minor in possession of alcohol. In addition, if they are charged with driving under the influence, they may face serious consequences and additional charges.  While blood alcohol levels are set at .08 for most drivers to have their license suspended by FLDHSMV, the level set for drivers under the age of 21 is .02.

Blood alcohol levels

A DUI conviction for those under age 21, or at any age, will result in license suspension.  Additionally, if a driver under 21 has a blood alcohol level higher than .02 their license will be suspended for six months. Unfortunately, if a driver under 21 has a blood alcohol level that exceeds .08 they may also be facing jail time, steep fines and suspension of their license until they reach the age of 21.

Multiple convictions

When a driver under the age of 21 is convicted of more than one DUI they will face a minimum 12 month suspension of driving privileges. They may also face jail time of up to 12 months and fines of up to $4,000.

Possible additional charges

If a teen driver is stopped and is suspected of being under the influence, they may face other charges in addition to DUI.

• Distribution charges - if there were other minors in the vehicle who also consumed alcohol the driver may be charged with distributing alcohol to a minor
• Possession charges - the driver who is facing a DUI arrest may be charged with underage possession of alcohol
• Child Endangerment - drivers under 21 who have a blood alcohol level over .02 may face child endangerment violations.

Driving after drinking is never a good idea and the penalties for a first time conviction are serious regardless of your age. However, drivers under the age of 21 may face more harsh penalties and may also find it difficult or impossible to maintain insurance since many insurers will cancel policies or refuse to renew polices for those under 21 who are convicted.

Contact Our Firm Today!

When someone under 21 is charged with a DUI it is imperative that a Miami DUI attorney is contacted immediately. Not only is this driver looking at potential long-term loss of driving rights but they may be facing other charges that will require the expertise of an attorney who understands Florida's DUI laws.

For over 30 years and over 3,000 DUI  and DUI-related cases, I have been defending otherwise good people charged with DUI and other serious offenses. Call our office for a free consultation at (305) 670-1800 or our mobile at (305) 321-3237. Visit us at www.duilaedefense.com.