DUI Accidents in Florida

Were you recently involved in a car accident that was not your fault, only to be arrested for driving under the influence? Or, were you driving under the influence and you caused an accident that involved property damage, or worse, bodily injuries?

If your answer is yes to either question, I suggest that you continue reading as I discuss DUI accidents and their penalties.

For starters, you can be arrested for DUI even though you were not at-fault for the accident. While it’s up to the insurance companies to decide who is at fault in an accident, if the other driver ran a red light and hit you, or rear-ended you, it’s highly likely that they will be found liable for the accident.

While you may not be found “at fault” for the accident itself, you can still be found guilty of DUI. This usually occurs when the police come out to investigate an accident and they observe that one of the drivers appears to be under the influence of drugs or alcohol, or both.

When You Are Responsible for a DUI Accident

Were you involved in a DUI accident that was your fault? In that case, you can be charged with a misdemeanor or a felony depending upon the facts of the case.

A DUI accident is prosecuted as a misdemeanor under Section 316.193(3) of the Florida Statues when the DUI defendant, while under the influence, caused an accident involving property damage or bodily injuries.

This offense is a first degree misdemeanor punishable by not more than $1,000 fine, or 1 year in jail.

Under Section 316.139(2), a DUI accident is prosecuted as a felony when the DUI defendant caused serious bodily injury to another person while driving under the influence.

This offense is a third degree felony, punishable by a fine not to exceed $5,000, or 5 years in prison, or both.

If someone else is killed in a DUI accident, then the DUI defendant faces DUI manslaughter charges, a second degree felony, punishable by up to a $10,000 fine or 15 years in prison, or both.

If you were involved in an alcohol-related accident, reach out to Jonathan Blecher, P.A. to schedule a free case evaluation with a former prosecutor. 

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.

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!

Miami Beach Police Secure $100K for DUI Enforcement

According to a recent article in the Miami New Times, the number of drunk driving arrests in Miami Beach have been noticeably down in recent years.

In 2011, a reorganization of police patrol zones made it so the local police were concentrating more of their efforts towards combatting other types of crimes than nabbing drunk drivers.

The 2011 changes pressed on despite the fact that Miami Beach continues to have a high number of alcohol-related accidents. Of all of the Florida cities with more than 75,000 residents, Miami Beach comes in sixth for DUI crashes, despite the fact that it has a relatively low population.

Things are about the change. The Miami Beach Police Department secured a $100,000 grant from the Florida Department of Transportation, money which is going to the department so it can beef up its DUI enforcement efforts, the Miami New Timesreported.

What You Can Expect in 2016

So, what does this $100,000 grant mean to you? You can expect to see more DUI checkpoints and saturation patrols throughout Miami Beach in 2016. Part of that money will be used to pay for the officers’ work and overtime.

Under the law, all of the saturation patrols and checkpoints will be publicized by the department through traditional media and social media outlets. Additionally, the department will be running an awareness campaign with the infamous slogan that’s used nationwide, “Drive sober or get pulled over.”

The department’s goal is to reduce drunk driving crashes by 3 percent, and they intend to increase the city’s DUI arrests by 7 percent. Over the life of the grant, the campaign will include 21 saturation patrols and three checkpoints.

In 2013, the Miami Herald reported that after the patrol reorganization, DUI arrests were down below 500 a year. In 2009, the Miami Beach Police Department made nearly 1,200 DUI arrests.

If you’re facing DUI charges in Miami, contact Jonathan Blecher, P.A. to work with a former prosecutor with over 30 years’ experience!

Former Marlins Pitcher Faces DUI & Child Abuse Charges

CUTLER BAY, Fla. – On Thursday, Dec. 10, former Florida Marlins pitcher Hansel Izquierdo was arrestedon several charges, including driving under the influence and child abuse, CBS Miami reported.

According to police, at first Izquierdo was observed trying to avoid a road detour, so he drove into an oncoming lane. Then, he was seen swerving as he continued driving near Old Cutler Road and Southwest 92nd Avenue, according to the arrest report.

Once he was pulled over, Izquierdo allegedly switched seats with a woman and denied that he was driving at all. In the car with Izquierdo and his female passenger were three young children, one of which was laying on the laps of two of the brothers in the back seat, and not properly secured in a seat belt.

The arresting officer said that Izquierdo’s breath smelled like alcohol, his speech was slurred, and his eyes were glassy. After the officer spoke to Izquierdo, he was put under arrest and placed into police custody.

Izquierdo played briefly for the Florida Marlins. In 1995, he was drafted in the 7th round and played one season with the team. His baseball career ended in 2005, after spending his final days playing for the Pittsburgh Pirates.

In some states, if an individual drives under the influence with a minor in the vehicle, he or she may be charged with child endangerment. In Florida, this situation may result in "child abuse" charges.

If you are caught driving under the influence of drugs or alcohol in Florida with minors in the vehicle, you could be charged with child abuse under Sec. 827.03 of the Florida Statutes.

Under Florida law, child abuse is defined as the intentional infliction of mental or physical injury upon a child, or it is an “intentional act” that could reasonably expected to result in physical or mental injury to a child.

In Izquierdo’s case, the act of drunk driving could be expected to cause physical injury upon a child, especially if he were to be involved in a DUI crash.

In Florida DUI cases where a child is not actually harmed by a drunk driving incident, the driver is typically charged with a third degree felony, punishable by 5 years in prison and a fine not to exceed $5,000 (for child abuse).

Additionally, having minors in the vehicle will bar Izquierdo's referral to any first offender diversion program, such as the Back on Track Miami Program. 

Arrested for drunk driving in Miami? Call Jonathan Blecher, P.A.to speak with one of Miami’s top-rated DUI defense attorneys for free!

Florida Warrants for Old DUI Probation Violations

On occasion, a person will find out that they have a warrant in Florida for a probation violation on a DUI that they got years earlier. Let’s say that “John” thought his case was closed back in the early 1990s, which is when he contacted Broward County and they had him pay a $500 fine.

At that time, the court told John that everything was clear. Like many people, John didn’t stay in Florida his whole life. He eventually moved out of state and got his driver’s license there.

It’s been over 20 years since John’s Florida DUI; he hasn’t so much had a speeding ticket since then.

Now, it’s 2015 and John just found out that he has a warrant for his arrest in Broward County, Florida. What should he do? He contacted Broward County and they told him to send them a letter explaining his situation; they refused to give him any kind of “legal advice” over the phone.

If you’re in a similar situation and dealing with the Broward County courts, first I want to say that they can be difficult to deal with. I know this from having to deal with their court system for over three decades.

If you have an outstanding warrant like John, you can’t expect the Clerk’s Office staff to be helpful, but they may be more helpful to a DUI lawyer who “speaks their language.” Such an attorney can determine the nature of the problem and find the appropriate solution.

In my experience, a great way to get information in these situations is to have a DUI attorney go through the judicial assistant who works for the judge on the case.

If you’re dealing with a similar scenario in Miami-Dade County and you have a warrant out for your arrest due to a DUI probation violation, I strongly suggest that you contact my office to schedule a free case evaluation. I’d be glad to get to the bottom of this so it can be resolved as quickly as possible.

Just a few of my qualifications include being a member of the National College for DUI Defense, selected for inclusion in Florida’s Super Lawyers®, and the AV® Rating from Martindale-Hubbell®.