Florida DUI Penalties

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

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

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

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

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

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

Here are the basic penalties for DUI in Florida:

1st DUI

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

2nd DUI

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

3rd DUI

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

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

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

Out of State Drivers and DUI

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

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

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

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

Will my home state find out about my Florida DUI?

I know this scenario can be overwhelming, but it is not hopeless! There’s a lot that can be done to resolve it. The first thing you should do is contact a Miami DUI attorney who can look up your case, review the evidence, and explain which options are available.

Know that anythingcan happen in court, and real miracles happen every day. I don’t want you to automatically assume that you’ll be heading to jail. Instead, stay positive and contact me so I can explain your possible defenses.

Don’t throw in the towel and whatever you do, don’t plead guilty to your Florida DUI charges. If you do, you will suffer lasting consequences, which will follow you to your home state.

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

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! 

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.

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.