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!

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!

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 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!

What Does DUI or Driving Under the Influence Mean?

There are many dangers associated with the act of driving under the influence (DUI). In addition to the dangers of causing an accident or suffering injury, the driver can face criminal penalties. Not all drivers who have been charged for drunk driving, however, are actually guilty. At Jonathan Blecher, P.A., I offer my experienced representation to help defend individuals charged with DUI.

DUI stands for driving under the influence, which is the term that the state of Florida uses to explain the crime of driving while intoxicated with alcohol or drugs. Any driver who is suspected of being in physical control of the vehicle can be charged with DUI under the state’s statute § 316.193.

There are different ways that “impaired” driving can be proven. If you have a blood alcohol content level of 0.08% or higher, prosecution will have a solid case against you. Other methods, such as field sobriety tests, can be used as tools against you by prosecution to prove your guilt. These, however, can be defended with a knowledgeable Miami DUI attorney who understands the state's DUI laws.

What is the impact of a DUI conviction on my life?

Drinking and driving is seen as a dangerous crime, and for that reason, the penalties carry a high degree of intensity. The state of Florida carries extensive penalties for individuals charged with DUI that can affect the alleged offender’s driving ability, job, and family. Even for just a first-time offense, the state imposes certain mandatory penalties for those who are convicted.

With the life-changing penalties that you can experience with a conviction, you do not want to risk a guilty plea. You will need to establish a strong defense method with the assistance of a knowledgeable attorney by your side. Contact my firm right away so that I can begin building a workable solution for your particular case. I am here to defend your rights and protect your future!

2nd DUI in Miami

Are you looking for an attorney for a 1st DUI offense in Miami? I will deliver world-class DUI defense representation from a lawyer with a long track record for successful case results. I have devoted my career to the field of DUI defense, and I am very passionate about helping the criminally accused so they have the opportunity to effectively challenge their DUI charges in court.

If this is your first DUI, you are likely curious about what you are up against, and reasonably so. DUI charges are no joke, a conviction can have life-altering consequences. Since most people who are arrested for DUI are normally law-abiding citizens with a lot to lose, I have made it my life’s work to help defendants in every way possible. This way, they can put this in the past and move on to the next chapter in their lives.

The following are the DUI penalties for a first DUI offense in Florida:

• Up to $1,000 in fines, plus court costs
• Mandatory 50 hours of community service, or fine of $10 for each hours of community service required
• Up to 9 months in jail
• 10 days vehicle impoundment
• Maximum 1 year license revocation
• Must complete DUI school

Under § 316.193, F.S., DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances), you cannot drive with a blood alcohol level of 0.08% or above. In Florida, commercial drivers cannot drive with a BAL of 0.04% or above, and drivers under the age of 21 cannot drive with a BAL of 0.02% or above.

If you are convicted of DUI for a first offense and your BAL was 0.15%, or if you had a minor in your vehicle, you will be required to have an ignition interlock device (IID) installed in your vehicle for at least six (6) months.

Lawyer for a 1st DUI in Miami

Florida has some of the toughest DUI laws in the United States; therefore, your choice of attorney for a 1st DUI in Miami is critical to the success of your case.

Here are just a few reasons why clients choose to work with my firm:

• I have over 30 years of experience in DUI defense.
• I have successfully defended over 3,000 DUI cases.
• I am a proud member of the National College for DUI Defense.
• I am AV Preeminent® Rated by Martindale-Hubbell®.

You do not have to be alone in this fight. I urge you to contact me today to schedule a free, initial consultation. I can be reached at (305) 707-0036. 

Questions to Ask Before You Select an Attorney | Miami DUI Lawyer

Regardless of the circumstances surrounding your DUI arrest, it has the potential to impact the rest of your life. Time in jail, heavy fines, and a suspended license are all consequences you could face without the right defense team protecting your rights.

But how do you choose the right attorney? While there is a huge market for DUI lawyers, selecting a successful one can sometimes feel like finding a needle in a haystack. The following questions are important to ask as you start the hiring process and remember, you can never be too cautious.

Five Questions to Ask Your DUI Attorney

How much experience do you have?
An attorney’s past experience can tell you a lot about their capability in handling your case. While it’s not everything, having some years under your belt goes a long way when preparing a defense.

Is DUI defense your only area of practice?
Again, this isn’t always a deal breaker, but it can put your attorney at a significant advantage. One area of practice allows for complete concentration on the laws and defense tactics associated with that crime.

What are my odds of obtaining a favorable outcome?
Even without an in-depth case evaluation, most attorneys can give you an educated guess about the outcome of your case just based on what you tell them. The more confident your attorney is in their chance of a good outcome, the more confident you can feel hiring them.

Do you feel comfortable going to trial?
Many individuals assume that every attorney has trial experience, but this isn’t always the case. It is better to be aware of their experience before you get to the courtroom.

Can you tell me how much this will cost?
The last thing you want is an attorney who beats around the bush when it comes to fees. Look for an honest, straightforward answer – your attorney should be someone you can trust.

As a Miami DUI lawyer with over 30 years of experience, I am qualified to handle your case with ease. Contact my firm today to learn more about how I can help you! 

What Are the “Reasonable Grounds” to Administer a Breathalyzer in Florida?

In the state of Florida, it is illegal to operate a motor vehicle while impaired by alcohol. If you are pulled over under the suspicion of drinking and driving, there are two ways an officer can test for blood alcohol content (BAC): a breath test or a blood test. A breath test is conducted using a breathalyzer machine.

To conduct a breath test, however, several criteria have to be met such as:

• Irrational driving behavior associated with intoxication
• Reason to believe you have been drinking
• Alcohol in your vehicle being consumed

Under Florida law of “implied consent,” you must agree to take a breath test if you are stopped by an officer. If you refuse to take a breath test, there may be civil and criminal penalties. You may believe that you will be better off refusing a breath test, but it can actually harm you in the long run. For a refusal, your license can be suspended for a significant amount of time.

Breath Tests are Not Perfect

It is important to keep in mind that breath tests can be faulty and make errors. Depending on your diet, physiology, medical conditions, and lifestyle choices, you may have a higher reading than usual. Additionally, environmental factors can affect the functioning of a breathalyzer machine. Technology is never flawless, and breathalyzer machines are no exception.

As the Miami DUI attorney at Jonathan Blecher, P.A., I have helped countless Floridians who tested positive for breath tests challenge their DUI charges. I have more than three decades of experience and 3,000 cases under my belt. On the noted legal website Avvo.com, I have been recognized with the highest possible rating of 10.0 Superb.

To get your free case evaluation, call my firm today or fill out this website’s consultation request form.

Can You Be Charged for a DUI If You Blow Less Than 0.08% in the Breathalyzer?

My Blood Alcohol Level is Less Than 0.08%: Can I Be Charged with a DUI?

In Florida, you might still receive a DUI charge if your blood alcohol content (BAC) level is less than the legal limit, which is 0.08%. This happens more frequently now as officers are looking for impairment by drugs in addition to alcohol. If a police officer believes you were intoxicated by alcohol or illegal drugs to a degree that it impaired your ability to operate a motor vehicle, they have the right and ability to pull you over and charge you with DUI. A charge for driving under the influence is based on your ability to safely drive, not necessarily the amount of alcohol in your system. Even if your BAC is under 0.08%, you can still face severe fines and penalties.      

For certain sets of drivers, the level for a DUI administrative suspension is much lower than 0.08. In Florida, commercial drivers are considered intoxicated if they have a BAC of higher than 0.04%. Also, drivers who are under legal drinking age can have their licenses suspended with a BAC of only 0.02%. Underage drivers are susceptible to a zero tolerance policy, and they may be charged if there is any alcohol in their system.

Some prosecutors may decline to pursue DUI charges further if they are under the legal limit, but this is not necessarily the case. Juries typically do not carry much compassion for people with any alcohol in their system. Additionally, prosecutors and officers can argue that if your BAC was close enough to the legal limit, it could have diminished from an earlier reading of above 0.08%.

 

DUI Attorney Fighting for the Accused

I am a DUI lawyer in Miami with considerable experience providing legal representation to drivers who are criminally charged for driving under the influence. My legal career includes more than 30 years of legal advocacy. Some of the accolades I have collected include:

·         Miami Herald “Top Ten DUI Lawyer”

·         10.0 Avvo Superb Rating

·         Florida Trend’s Legal Elite

For more information about how I can help you, please contact my firm today. Get your no-cost case evaluation by calling or filling out the website’s consultation form.

Watch Your Driving – Officers Are Standing By

Law enforcement is specifically trained to watch out for certain driving behaviors that indicate impaired driving. The National Highway Traffic Safety Administration (NHTSA) conducted research, which has been adopted by law enforcement officers as scientifically valid information concerning the behaviors that are most predictive of impairment.

This NHTSA sponsored research led to the development of a DUIdetection guide and training materials, including a training video. The NHTSA’s detection guide (used by police nationwide) describes a set of behaviors that officers use to detect motorists who are likely driving under the influence.

Thanks to the NHTSA’s detection guide, officers in every state are watching for suspicious driving and for driving patterns that look careless; for example, not fully stopping, failing to maintain a single lane of travel, or wide turns. The police use such erratic driving behaviors, or distinctive patterns as a basis for a police stop to check the driver’s sobriety.

Some driving behaviors that indicate impaired driving:

• Weaving
• Swerving
• Almost striking another vehicle or object
• Stopping problems
•  Driving too slow
• Driving without the headlights on at night
• Following too closely
• Turning with a wide radius

The NHTSA teaches the police that the above cues predict a driver is driving under the influence (DUI) at least 35% of the time. If an officer, however, observes weaving cues along with any other cue, the probability of DUI jumps to at least 65%. Further, some cues such as swerving, and accelerating for no apparent reason have a single-cue probability greater than 70%.

Police officers are taught that the probability of DUI increases substantially whenever a driver exhibits one or more of the above cues.

If you display any of the above patterns and a law enforcement officer is nearby, don’t be surprised if you are pulled over on suspicion of DUI because the police have received specialized training to keep an eye out for any of the aforementioned driving patterns.

Arrested for DUI in Miami? Contact me, Attorney Jonathan Blecher for a strong defense. Not only am I a former prosecutor, but I have more than 30 years of legal experience and have successfully defended over 3,000 DUI cases. Contact my office to schedule your free consultation!

Jonathan Blecher, P.A. to be Guest on Local Radio Show

For another holiday season, I have been asked to appear as a guest on a local radio program. Each year, I have the pleasure of appearing on Fried on Business, which airs every Thursday from 5:00 – 6:00 p.m. on 880AM-The Biz, which is Miami’s Bloomberg Radio affiliate. Fried on Business is Jim Fried’s radio program where I speak with his listeners as a legal consultant on criminal law and DUI defense. My next appearance will air on December 4, 2014.

The theme of this episode will focus on charges of driving under the influence (DUI) and the business aspects related to it since, with the holiday season ahead, DUI enforcement will increase. During this broadcast, I will discuss various aspects DUI charges in relation to this season of the year.

Listeners will learn about their rights pertaining to:

·         Chemical testing (blood, breath, and urine testing)

·         Driver license suspensions

·         Roadside sobriety tests

·         DUI sobriety checkpoints

On a previous episode, listeners were curious about the DUI penalties in Florida and what will take place if they are arrested. Another topic that I will likely discuss is the long-term effects of a DUI conviction on an individual’s life, such as the impact on:

•          Future employment opportunities
•          Increased insurance premiums
•          Deportation (If not a U.S. citizen)

If you have been arrested during the holidays, or are taking proactive measures to avoid a DUI arest, you will want to tune in to 880AM-TheBiz on December 4, 2014 from 5:00 – 6:00 p.m. 

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.