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.

What is the Difference in Penalties Between a DUI & a Commercial Driver’s License DUI?

A conviction for drunk driving is serious anyway you look at it. Unfortunately for individuals with a commercial driver’s license (CDL), a DUI conviction can be infinitely more devastating. Hundreds of individuals are arrested for drunk driving in Florida each year and penalties are severe to deter offenders from committing the same crime twice.

It is helpful to understand the difference between a regular DUI and a commercial driver’s license DUI. Although similar, the penalties can have different effects depending on the individual who is convicted.

What penalties could I face for a regular DUI?

Drivers with a regular license can be arrested for drunk driving if their blood alcohol content (BAC) is at or above 0.08 percent. Police officers can test BAC by administering a breath, blood, or urine test. Every person is different, so it is difficult to say how many drinks will put you over the legal limit.

If convicted of a first-offense DUI, you could face the following penalties:

• Up to nine months in jail
• Up to $1,000 in fines
• License suspension for up to one year
• Mandatory interlock ignition device
• And, more

Refusing to take a chemical test can result in additional penalties. Drivers may lose their license automatically for one year for a first-offense and up to 18 months for a second or third.

What penalties could I face for a CDL-DUI?

Individuals with a commercial driver’s license who are operating a commercial motor vehicle can be charged with DUI if they have a BAC of 0.04 percent or higher..

Convicted offenders will have their CDL suspended and be banned from operating a commercial vehicle for at least one year, in addition to regular DUI penalties. They are also unable to apply for a hardship CDL license. When the driver becomes eligible again, they are required to pay a reinstatement fee before gaining the ability to drive.

DUI penalties for both regular drivers and commercial drivers cannot be ignored. If you possess a CDL and are facing a DUI conviction, don’t take any chances! Contact my firm to speak with a Miami DUI lawyer for CDL with more than 30 years of experience! 

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!

Defense of Drivers with a Commercial Driver’s License

The consequences of a DUI conviction can be much more serious for individuals with a commercial driver’s license (CDL). Not only can the penalties affect the here and now, they can also affect your livelihood for the rest of your life. This is why it is so imperative that you retain an attorney who can aggressively fight such a DUI charge.

Commercial drivers are held to a certain standard in Florida and the state expects these drivers to closely follow the rules. Traffic violations are categorized as major, serious, or otherwise. As you might expect, driving under the influence of alcohol is considered a major violation and is likely to result in hefty penalties.

Individuals convicted of a DUI who hold a CDL can lose their license while also being subjected to other DUI penalties. Additionally, drivers may also be unable to apply for a hardship license, which offers limited driving privileges.

How can I defend against my DUI charges?

The most important first step is to hire an attorney. The quicker you do so, the better. Your attorney needs adequate time to prepare and the prosecution begins working from the moment you are charged to establish a conviction.

Your attorney may be able to challenge your breathalyzer test, as these are known for being particularly inaccurate. The police officer may have neglected to follow proper protocol or failed to take outside factors into account, all of which can be used in your favor.

Another aspect of defense against your charges can include whether the officer had probable cause to pull you over. Probable cause can include weaving between lanes, missing a stop sign, or speeding excessively. Without probable cause, your DUI charges are much more likely to be dismissed.

It can be scary to consider the thought of losing your commercial driver’s license and going without a job. My firm has the resources to prepare a strong defense on your behalf. I will work tirelessly on your case, doing whatever I can to protect your future.

Get in touch with my firm today to schedule your free consultation with a Miami DUI lawyer for CDL. 

Can You Turn Away From a Sobriety Checkpoint?

You’re driving home after having a few drinks with friends and you notice something that no driver ever enjoys seeing – a sobriety checkpoint. Is it worth the risk of going through the checkpoint when you know there is some alcohol in your system, considering many people are arrested at sobriety checkpoints despite low breath alcohol levels? Or, should you take a chance and make a U-turn before getting any closer? Well, it depends on your circumstances.

Police officers take these checkpoints seriously and implement them to prevent drunk driving. They are constitutionally permissible, provided the police follow strict guidelines. While they are common after major holidays and events, a sobriety checkpoint can pop up at any time. Keep reading to learn how to handle your next checkpoint and what could happen if you try to avoid it.

What happens if I decide to turn away?

Most checkpoints implement a “chase” car strategy. This means that one officer is responsible for chasing down drivers who turn away from the checkpoint. This goes for drivers who make a U-turn, turn onto a street before the checkpoint, or reverse away from the checkpoint. Police look for a reason to pull you over, so be careful.

If you turn away, it is important to ensure that your driving is legal. Check for signs banning U-turns, double yellow lines, single lanes, oncoming traffic or kicking up a rock or two on the turn. Breaking a traffic law gives an officer a reason to pull you over and use the driving pattern as probable cause for a DUI arrest.

You should also note that turning away from a checkpoint can make an officer suspicious. They may assume that your choice not to go through the checkpoint implies that you are driving drunk and choose to briefly detain you for further questioning.

So while turning away from a sobriety checkpoint is not illegal, it is a matter of weighing the risks. You may go through the checkpoint and not be stopped, or your blood alcohol content could be below the legal limit. Or you could turn away and get arrested for breaking a law. In the end, it is a matter of being wise about your decision.

If you do get arrested at a sobriety checkpoint, my firm is here for you. I have more than 30 years of experience as a Miami DUI attorney and can fight to protect your rights. Call today for a free consultation!

3rd DUI in Miami

A recent study performed by Mothers Against Drunk Driving (MADD) estimated that in one year alone, over 100,000 third time DUI offenders were convicted in the state of Florida. This high number, and the accidents associated with it, have given law enforcement cause to enforce strict penalties.

One of the biggest advantages you can give yourself is to retain a defense lawyer for third DUIs in Miami. Individuals who feel qualified to represent themselves often wind up regretting their decision in the end.

How does the state punish third time offenders?

While all the usual penalties apply, such as jail, fines, license suspension, they are exponentially more severe when it is your third offense. Florida law requires that the courts assign unique penalties based on whether the offense occurred within 10 years of a previous conviction or outside of that timeframe.

If there is a conviction within the last 10 years on your record, you could be charged with a third degree felony resulting in up to five years in prison. Regardless, you will be required to serve a mandatory sentence of at least 30 days in jail.

Fines range from $2,000 to $5,000 and your driver’s license can be revoked for at least 10 years. After becoming eligible to drive again, the state also requires that you install an ignition interlock device for two years following.

A third DUI offense that occurs without any convictions in the last 10 years can result in up to one year in jail, up to $2,500 in fines, and the installation of an ignition interlock device for two years.

Can a lawyer help me handle my third DUI?

Hiring a skilled attorney is always better than going without representation. The cost of doing so is far outweighed by the benefits of having an advocate on your side. As the founder of my firm, I believe in giving my clients the level of defense I would want if I were in their shoes.
I have been awarded for my ability to achieve the outcomes my clients need, even when the situation looks hopeless. If you fear that your third DUI offense will destroy your future, contact my firm today. I am eager to turn your case around for the better! 

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.