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!

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.

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. 

How Do I Get Out of Jail after an Arrest in Florida?

After an arrest, you will be placed in custody, initially in a holding cell at the police station, and later transferred to another facility. After your arrest, you must be arraigned, which is when formal charges are filed against you. At the arraignment, the issue of bail may also be addressed. For some crimes, there is a special hearing to set bail. It is not advised that you appear at your arraignment or a bail hearing, or any court appearance without a lawyer, as the bail amount set by the judge could be too high for you to afford.

Your lawyer can submit information about you, your character and why you could be released on your own recognizance – with no bail amount due. If bail is required, you want it to be as low as possible so you can afford it and return to your home and family. The only way to get out of jail in these cases is to post bail. There are bail bondsmen that are in the business of providing the amount of bail you need, and expect about 10% of the amount to be paid to them to provide this service.

Under the Constitution, bail cannot be excessive, or to punish you for the crime it is alleged you committed. Bail amounts vary, and a good lawyer can usually negotiate it down to a reasonable amount, and can also connect you with a bail bond service so you can get out as quickly as possible.

Contact Jonathan Blecher, P.A. in Miami for more information about getting out of jail after an arrest.

How Can I Find Out if There Is a Warrant for My Arrest?

Are you worried that there is a warrant for your arrest? If there is, you are at great risk, as you can be picked up anywhere, anytime, and taken into custody. To find out if there is an outstanding arrest warrant, you can search the Miami-Dade police website.

Not everything is listed on this site. Most people worried about arrest warrants get help from an attorney who will find out if there is a warrant, and if so, take action to get it resolved before an arrest is made. A warrant could be issued for unpaid fines and tickets, a failure to appear in court when ordered, and probation violations, as well as for misdemeanor or felony crimes.

There can be some trouble finding a warrant that actually exists, as there are many ways there could be an error in spelling a name, and all data entered in a computer is done by human hands. You could search the site and believe there is no warrant, only to be picked up later. It isn't worth taking a chance.

If you are concerned and believe there could be a warrant for your arrest, you know there is some kind of situation that needs to be resolved. Make the choice to contact a lawyer to find out for you, and to take any defense action that could assist you to avoid an arrest and charge for a criminal offense. Early intervention by a lawyer could be what saves you from a very unpleasant and dangerous legal situation.

Click here to get help from a Miami lawyer from Jonathan Blecher, P.A.

Pot Sales Legal in Colorado

In Colorado this past January, cannabis retailers licensed by the state began selling of legal pot to people over 21. Adults who are of age can now legally possesses and grow limited quantities of marijuana in Colorado. Licensed retailers may also cultivate, produce, and sell cannabis and cannabis-infused products. In addition, the cities in which a shop opens must approve of the operation of the marijuana business within that city.

In November 2012, over 55% of voters statewide approved the authorization for adults to possess, grow, and commercially sell cannabis.

All cannabis sales must comply with state regulations regarding the commercial production and retail of pot to adults. So far, over 300 businesses have been approved by state regulators to sell marijuana. Dozens of businesses opened within the first few days that cannabis retail sales were made legal, and many more began sales over the next few weeks. The industry continues to grow.

NORML Executive Director Allen St. Pierre is quoted as saying the following:

"For the first time in modern history, a state is regulating cannabis as a legal commodity in a manner similar to alcohol. Colorado is the first, but it certainly won't be the last, state to treat cannabis as a legal, adult retail product rather than as a prohibited, criminalized substance. The genie is out of the bottle and it isn't going back in."

U.S. Attorney General Eric Holder announced early on that the Justice Department would not interfere with legal sales in individual states where there was adequate regulation. To put the pot sellers at ease, Colorado Deputy Attorney General James Cole affirmed that the Justice Department would not interfere in the regulation of marijuana sales by the State. His written opinion made clear that the Colorado state regulations do not make the substance available to children and do not allow cannabis to be diverted to states where the use of cannabis is not legalized.

Under Colorado's law, you can grow your own pot, but you can't sell it if you're not licensed by the state. Public display of marijuana and consumption are not legal. You can't smoke marijuana in the street or at any bars, clubs, or even where you bought it. Public smoking is also against the law and you're looking at a $100 fine or up to 15 days in jail.

You could face a much greater penalty under federal prosecution, however, especially for cases involving smoking on public property. Possession of marijuana on federal property is punishable by up to six months in jail and a $5,000 fine. Do not ever carry cannabis onto federally-regulated property, such as a park or federal facility, even if you have the right to carry cannabis elsewhere.

Jonathan Blecher is a member of the NORML Legal Committee, and has been defending pot possession cases for decades. Charged with marijuana possession or with driving under the influence of marijuana in Florida? Call or write for a free consultation.

Back on Track Miami Diversion Program Changes

The Miami-Dade State Attorney's Office met with Mothers Against Drunk Driving representatives recently to discuss the Back on Track Program, a DUI diversion program for first offenders in Miami. As usually happens when political forces are brought to bear, the MADD Mothers got their way and forced prosecutors to beef up the conditions of the program.

Program participants in Tier One (under .15 BAC) will be required to install an ignition interlock device on their car for 90 days. Tier Two participants will be required to install the device for 180 days.

The program was designed to focus on first time DUI offenders, with no aggravating circumstances surrounding their cases, such as minors in the car, accidents or very high breath/blood test results. It's creation followed the path of successful programs Alachua County (Gainesville) and Orange County (Orlando), the focus of which was to educate first-time offenders, sting their pocketbooks, but not saddle them with a DUI conviction for life—all very reasonable pursuits.

Enter MADD, who tried to force additional program conditions that demonize first offenders. First, they proposed adding a SCRAM alcohol monitoring bracelet for defined time periods. Then they tried adding a "no drink order" during the entire period of program participation, 6-12 months.

Zero tolerance has long been the goal of MADD, starting from the time when they changed their slogan from "Don't Drive Drunk" to "Don't Drink and Drive."

"We believe the best practice is not to drink and drive and that means zero. If that's neo-prohibitionist, then we are." – Chuck Hurley, Former MADD CEO.

"MADD's stance is that ONE drink is too many." – Kelly Larkin, Executive Director of MADD Southern Arizona.

"While a lot of attention is paid to the serious problem of the repeat offender we don't want to overlook the casual drinker." – Karolyn Nunnalee, Former MADD President in USA TODAY.

MADD has pushed for Ignition Interlock Devices for all people convicted of DUI and, at last count, has been successful in doing so in 20 states, most recently Maine and Tennessee. In Florida, the IID is required after a first DUI conviction, if the BrAC is .15 or greater or a minor is in the car.

Fortunately, reasonable minds prevailed at the Miami-Dade State Attorney's Office.

Building the Best DUI Lawyer

There's a growing, and necessary, trend for lawyers to specialize/concentrate in a niche area of law, giving clients the most effective and experienced representation for their case. Strong DUI laws and sinister law enforcement techniques require a high level of training in DUI practice.

There is a blueprint for becoming an excellent DUI lawyer. Just like anything else, it requires effort, discipline and a genuine desire to focus on that area of criminal defense practice.

The most effective DUI lawyer is someone who makes the commitment to practice almost exclusively in DUI defense. A lawyer who takes on Divorces and Real Estate Closings and Personal Injury Cases absolutely cannot be effective doing all of those things at a high level. A "Jack of all trades, Master of none" cannot provide the type of DUI defense these cases require. Even criminal lawyers who defend murders and drug cases are not the best-suited to take on a DUI case.

A plastic surgeon and a gastroenterologist are both skilled doctors, but you wouldn't ask the surgeon to perform a colonoscopy, would you?

The most effective DUI lawyer will attend seminars on DUI practice; join organizations like the National College for DUI Defense; study scientific literature; and frequently speak on DUI-related topics. That lawyer will know what evidence to gather from the prosecution, the crime labs, the DMV and from the crime scene itself. The most effective DUI lawyer will know what to look for and know where and how to get it.

The most effective DUI lawyer is someone who will charge a good fee for their work. Traffic "ticket defense teams" and volume law practices cannot, and don't, provide the level of attention needed to properly and effectively defend a DUI case. Even law firms with several lawyers ought not to hand off their client's cases to whoever is available in court that day.

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 my office, Jonathan Blecher, P.A., to schedule a free consultation at (305) 707-0036 or my mobile at (305) 321-3237.

If The Police Have A Warrant To Search My House, Can They Look Anywhere?

When the police have a search warrant for your home, it may be limited. The warrant must describe exactly where they want to search, and what they are looking for, such as drugs, guns, stolen property or other item or evidence in a criminal case. The police then have the right to search anywhere in your home that the warrant permits them to look. The warrant could allow the police to search your entire house, or just certain areas. If the police arrive at your house with a search warrant, you need to read it, and call an attorney fast. If a case has progressed to the point where there is a search warrant, and the police are there to find evidence, you can expect to be arrested within a short period of time. You are obviously the target of a criminal investigation, whether you are innocent or guilty.

If the police come to your home with a search warrant, ask to see it, and read it so you know what they can or cannot do, and what areas they are permitted to search. The police can only search for the type of items that are related to the case. This limits some types of search activities. As an example, if they are looking for firearms, they can't look in your medicine cabinet – a gun just won't fit, and this would be overstepping the bounds.

One tip when dealing with police: be respectful, and don't argue. Read the warrant, understand it, and call an attorney. If you are argumentative or aggressive, you can find yourself in legal trouble that can cause you serious problems later. When you speak with a criminal attorney, and explain carefully everything that occurred, where the police searched, whether they took any items for evidence, and what the warrant said, your lawyer can inform you whether they violated your rights. It happens. If it happened to you, legal action must be filed about the rights violation. Some evidence may be deemed inadmissible if the police violated your rights, or searched beyond the scope of the warrant.

Contact Jonathan Blecher, P.A. in Miami for more information.

My Offense Is Minor. Do I Really Even Need An Attorney Or Can I Just Handle This On My Own?

A minor offense might not seem too important, and you may be wondering if it is worth hiring an attorney. Some people choose to defend themselves, even in serious felony cases. The problem with this tactic is that even though you could save on legal fees, the consequences could last for a lifetime. For example, many misdemeanors may not appear to be very significant, but often carry a potential sentence of up to 12 months.

If the judge is having a bad day, you could seriously regret not having an attorney representing you. Judges are human, and can impose heavy sentences one day and lighter ones the next, based upon how they are feeling. Some judges are known for being tough, and imposing heavy sentences in most cases. Do you know the history of the judge you will be facing? An attorney will, and can approach the case correctly, based upon all the details.

If you are innocent, you can't assume that you won't have any problem getting off. If you have been arrested and charged, it means the prosecutor believes there is sufficient evidence to convict. Innocent people get convicted, and in some cases, it is merely because they could not or did not get an attorney that knows the system and how to get a result.

A minor criminal conviction, such as a misdemeanor, can impact you later, including increasing penalties that could be imposed upon you if you are ever convicted again in the future. Florida is known for the heavy punishments that are imposed upon offenders. It is advised that you have an attorney, no matter how minor the charge.

Contact Jonathan Blecher, P.A. for more information about defending against a minor charge.

How Do I Know If My Crime Is A Petty Offense, Misdemeanor, or Felony?

In counties like Miami-Dade, the case number starts with a letter. F is felony, and M is misdemeanor. You can look at the case number to know whether you are charged with one or the other. Follow this link to the Miami-Dade County Clerk online record search page. In other counties in Florida, there may be a combination of letters like CF or MM.

There are some crimes that are initially charged as a felony, but the crime could be charged as either a misdemeanor or felony, such as DUI. Your criminal lawyer should be contacted to get information about your specific charges and what can be done to either get the charges reduced or dismissed, or what the chances are for achieving an acquittal at trial.

Although a misdemeanor is far less serious than a felony, the penalties imposed by the court often include jail time (up to 12 months) and a long period of probation. If you already have been convicted of a similar misdemeanor, the prosecutor may decide to file felony charges rather than misdemeanor.

Being caught in the criminal justice system is extremely dangerous, no matter what level the charges. Your first step should be to get legal representation. The system is geared to convict, and your life could take a serious turn for the worse if you are not represented by a qualified defense lawyer. The lawyer protects your rights as a defendant, negotiates to reduce a felony charge to a misdemeanor when possible, and is who stands between you and the serious consequences that could take place if you are not professionally defended.

Contact Jonathan Blecher, P.A. in Miami for more information.