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!

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!

What Symptoms and Behaviors is the Officer Looking for During the Initial Detention at the Scene?

When you get pulled over on suspicion of drunk driving, it is only safe to assume that the police officer is looking for certain red flags that might indicate intoxication. What most drivers don’t know is that the search for these indicators starts even before the officer pulls you over.

In Florida, law enforcement is required to have “reasonable suspicion” in order to pull a driver over. This means that they must have a valid, legal reason for stopping you, otherwise it may be considered an illegal stop resulting in suppression of all evidence. When police suspect drunk driving, there are several tell-tale indicators that may give them cause to pull you over. These include weaving between lanes, braking inconsistently, and ignoring traffic signs. Once you have been pulled over, however, there is a whole new set of factors in play.

Red Flags that May Point to Driver Intoxication

The moment you get pulled over, the officer begins evaluating your behavior and speech for any hint of intoxication. Being aware of this can protect you from unnecessarily incriminating yourself and possibly getting arrested.

The following things may cause an officer to test you for intoxication:

• Alcohol on your breath
• Whether you respond incoherently or with hostility
• Clumsiness and poor reflexes
• Speaking too slowly or too rapidly
• Flushed cheeks
• Bloodshot eyes
• Slurred speech

At this point, the officer will likely ask you to perform field sobriety tests. Even if you haven’t been drinking, you should always politely decline the officer’s request. Field sobriety tests are optional and highly subjective. Far too many individuals have been wrongly charged with DUI because of a ‘failed’ field sobriety test.

If you refuse, there is a good chance that you’ll be asked to take a breath test. This test evaluates your blood alcohol content (BAC) and is not optional – refusing can lead to harsh penalties. Even if you blow over the legal limit, however, it is important to remember that this does not automatically equal a conviction. Strong legal representation can work in your favor to reduce or dismiss charges altogether.

Don’t wait to retain a Miami DUI attorney if you are facing DUI charges. My firm would be happy to review your case and advocate for you in court. Get in touch with my firm today for your free consultation!

Questions to Ask Before You Select a DUI Attorney

Whether you’re facing your first charge of drunk driving or your third, it can be frightening to consider the reality of a possible conviction. Your future hangs in the balance and penalties can severely hinder the freedom you’ve come to expect. So how do you stand a fighting chance against a DUI conviction? It’s all about selecting the right attorney.

Choosing a DUI attorney is crucial to the outcome of your case. In order to make the best decision and to feel confident in your choice, it is imperative that you ask informative questions before hiring a lawyer. The following questions are a great place to start in your quest for legal representation.

How much of your practice is devoted to DUI defense?

The fewer practice areas an attorney has, the more they’re able to hone their skill on those specific areas. An attorney who focuses solely on DUI defense is better equipped to take on your case and likely possesses a greater understanding of DUI law.

Are you familiar with the breath test machine used in Florida?

It has become quite apparent over the years that breathalyzers are not as foolproof as they used to be. Your lawyer should be able to understand the science behind breath test machines and the errors often associated with the results.

What is your success rate at trial?

Find out about the attorney’s past experience at trial, what results they’ve secured for other clients, and how many of their clients plead guilty. These factors will have a big influence on your case and can give you a better idea of what you could expect with their representation.

Will you be the lawyer handling the entirety of my case?

The last thing you want is for your case to be passed off to a paralegal or another attorney altogether. Make sure that the attorney you are consulting with is the attorney who will be handling your case, regardless of the size of their firm.
With so much on the line, choosing the right attorney can be intimidating. Miami DUI Attorney Jonathan Blecher understands this and wants to simplify the process for you. I have more than 30 years of experience and am devoted to DUI defense. Schedule your free consultation today to find out more.

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! 

Legality of DUI Checkpoints in Florida

If you have been charged for driving under the influence because of a DUI checkpoint, you should get the facts from a knowledgeable attorney. Often, these checkpoints are set up on holidays, such as Independence Day or New Year’s Eve, when many people are celebrating by drinking. Over the years, checkpoints on highways have caught thousands of Florida drivers in the act of intoxicated driving.

Despite controversy about whether these checkpoints violate the Fourth Amendment protection against unreasonable searches and seizures, the United States Supreme Court ruled in the 1990 case of Michigan Dept. of State Police v. Sitz that the method of sobriety checkpoints operated within the confines of the Constitution.

However, there still may be legal issues with being pulled over in a DUI checkpoint. If the officers lack any sort of “probable cause” for conducting a search of your motor vehicle, there may not be solid reason for pulling you over. If you were pulled over and you were not intoxicated, your rights may very well have been violated. Additionally, the Washington Post published a worrying report last month about police across America fraudulently using checkpoints to seize the property of drivers who ultimately were not charged with a crime, which is illegal.

Were you charged in a DUI checkpoint?

I am Jonathan Blecher, P.A., an experienced Miami DUI lawyer who has fought to protect the liberties of the criminally accused throughout the Miami area. In fact, I began my career as a prosecutor, so I have the experience to understand how the other side approaches a case. Being charged with a DUI is a very unusual and strange experience, and you may be facing uncertainty during this time, which is why I am here to help.

For all cases, I bring the following to the table:

• More than 30 years of legal experience
• Martindale-Hubbell® AV Preeminent® Peer Rating
• Over 3,000 cases defended
• Perfect 10.0 Superb rating on the website Avvo.com

My firm is happy to offer free case evaluations to all potential clients. Pick up the phone and call me today or complete my website’s free consultation 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.