Can a DUI Conviction Affect Child Custody?

If you were recently arrested for DUI and child custody is an issue, you may be wondering if a DUI conviction could have an impact on child custody, and understandably so!

Are you worried that if your children’s other parent learns of your DUI, that they will use this as an opportunity to gain custody? Unfortunately, a DUI conviction can have a bearing on child custody proceedings but it all depends on the facts of the case.

Why a DUI Could Pose a Problem

In theory, each child custody case boils down to the best interests of the children. Because good moral character is relevant to this determination, anyone with a criminal conviction may find a DUI a major factor in any subsequent child custody proceeding.

The court will consider the following factors:

• The criminal history of both parents
• The nature of the criminal offense
• Your blood alcohol concentration (BAC) at the time of arrest
• If your child was in the vehicle with you
• The age of the DUI conviction
• If there were other aggravating factors (e.g. if someone was hurt or killed)
• If you have multiple criminal convictions

Even though a DUI conviction is not a crime of violence, any drug or alcohol-related conviction can impact a child custody case. This is because family law judges view driving under the influence as reckless behavior that endangers minor children.

If the DUI conviction is old, you can present evidence proving that it was an isolated event. The judge’s focus will then shift on present day circumstances. In contrast, a recent DUI conviction shows poor judgment or dangerous behavior and will be more difficult to overcome in a child custody proceeding.

If you are sentenced to jail, especially for a second or subsequent DUI offense, the court will be concerned over how a sentence will create a stability issue for your children.

Generally, the family courts don’t like it when a child has to bounce around from relative to relative while you’re in jail. If your child’s other parent can establish that they can provide a stable environment, then your ex has a better chance of gaining full custody.

If the custody battle is close, a DUI conviction can be the final factor that tips the scales in your ex’s favor.

If you are facing DUI charges in Miami and are concerned about how a DUI conviction would impact your child custody case, contact me, Jonathan Blecher to work with a former prosecutor with over 30 years of experience!

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.

Will a DUI Stop Me From Getting a Passport?

When people are arrested for DUI, they know that a conviction can easily mean upwards of $1,000 in fines, community service, imprisonment for up to 9 months, and up to a year license revocation – and that’s all just for a first offense.

With Florida’s harsh DUI penalties, it’s not surprising why someone who wishes to travel outside of the U.S. for work or pleasure might worry how a DUI might affect their ability to get a passport.

Will a conviction for DUImake it so you can’t get a U.S. passport? Typically, a person’s passport privileges are not automatically revoked once someone is convicted of driving under the influence, even if they were convicted of a felony DUI.

While most people won’t be denied a passport because of a DUI conviction, it doesn’t mean that a DUI can’t technically block someone from getting a passport. For instance, it is possible for someone to be forbidden from getting a passport in the following circumstances:

• The defendant is considered to be a flight risk.
• They defendant is facing a felony-related subpoena.
• As a condition of probation or parole.

In the above scenarios, the court can revoke a defendant’s passport privileges, but this is more the exception than the rule.

You Could Face Restrictions When Travelling

The majority of DUI defendants don’t have any problems applying for a passport, however, they can face restrictions when travelling to certain countries. For example, Canada maintains the right to deny entry to noncitizens who have any criminal record, even for a simple DUI.

Even if you are able to obtain a U.S. passport, as long as you have a DUI conviction on your record, Canada may not let you in to the country; Mexico may not let you in either.

If you are convicted of a felony DUI, and you want to travel to Canada or Mexico via ship, you won’t be allowed to get off the boat. In effect, getting a U.S. passport may be easy, but you may not be let in to certain countries.

Contact my firm to fight your DUI charges, or if you have further questions about travelling outside of the U.S. with a DUI. 

Will a DUI Affect My Credit Score?

While a DUI conviction isn’t directly reported on your credit report, it can certainly have indirect consequences which could cause your credit score to plummet.

If you have been diligent about maintaining a good to excellent credit score, you may want to consider the following factors before doing anything that could unintentionally impact your FICO score.

Paying for Your DUI

At first glance, a DUI and your credit may seem unrelated, but they can be connected in more ways than one. For instance, the fact that most DUI-related costs can be put on a credit card is one reason why a DUI can cause credit scores to tank.

Essentially, if you don’t have the cash on hand to pay for all of the court and insurance-related costs of a DUI, you can be headed for trouble.

DUI costs may include:

• Between $500 and $4,000 in fines
• Fees in place of community service ($10 per hour)
• Vehicle impoundment fees
• Ignition Interlock Device (IID) fees
• DUI school fees
• Restitution for property damage
• Increased insurance premiums
• Civil judgements against DUI defendant

If you are convicted of DUI, not only do you face court-ordered fines among a host of other mandatory fees, you’ll face skyrocketing insurance premiums – all of these expenses add up and affect your bottom line.

Your auto insurance rates could double or triple, and if your credit takes a hit because you can’t afford to pay all of your bills and DUI-related costs, your auto insurance can increase even more since insurance companies factor in a driver’s credit rating when setting rates.

How a DUI Can Impact Credit

If you’re convicted of DUI and you can afford to cover all of the costs, fortunately a conviction shouldn’t affect your credit score. For those who can’t afford a conviction, their credit score can be affected because:

• Putting thousands of dollars on credit cards to pay all of the DUI-related costs increases a person’s credit utilization ratio – impacting credit scores.
• Unpaid fines are sent to collections, and reported for seven years.
• Judgements affect credit scores.

If you can afford to pay all of the DUI-related costs, a conviction still shows up on a criminal background check. Meaning, a DUI conviction can block you from getting that enticing job you want, or it can result in being passed up for a job promotion when another candidate has a spotless record.

To fight your DUI charges, work with a former prosecutor and proven Miami DUI defense lawyer; call AttorneyJonathan Blecher to schedule a free consultation! 

Can I Be Deported for a DUI?

Miami is infamous for its large population of immigrants who come from places such as Cuba, Central America, and South America. With so many immigrants living in Miami-Dade County, it’s understandable why many Miami residents are concerned about the immigration consequences.

Florida has some of the toughest laws in the nation, and DUI is no exception. The consequences of a DUI conviction can be even more severe for someone who has U.S. permanent resident status, or someone who is in the U.S. illegally.

What DUI Stands For

DUI refers to driving under the influence of alcohol or drugs, whether they are legal or illegal. The facts surrounding each DUI case can be very different. While a simple DUI may involve less than .015% blood alcohol content (BAC), and no accidents or injuries, many DUIs involve accidents, reckless driving, bodily injuries and other aggravating factors that can lead to a felony conviction.

Multiple DUI convictions, child endangerment, DUI with injury and DUI manslaughter – these are all aggravating factors that will be weighed by the immigration authorities when deciding whether a conviction will be grounds for deportation.

I have a green card. Can I be deported?

Unfortunately, yes you can; having a green card does not preclude you from removal proceedings. If you are convicted of DUI, you could be subjected to removal proceedings. In that case, an immigration judge will determine if your offense is included under the grounds of deportability.

An immigration judge could rule against you, and your green card can be taken away. You would then be removed from the U.S. and barred from reentering for several years. In regards to a DUI, the following could subject a green card holder to deportation:

• A conviction for an aggravated felony
• Committing a crime of moral turpitude within five years of admission
• A violent crime conviction
• Two different crimes of moral turpitude
• An offense that involves a controlled substance (drugs)

The outcome of your case will depend on your individual circumstances and any previous criminal convictions. Even if you are not deported, if you leave the U.S., your DUI can present another set of problems under the laws addressing the “grounds of inadmissibility,” which could bar you from reentering the U.S. when applying for a green card or U.S. visa.
If you’re a non-U.S. citizen facing DUI charges, please don’t attempt to handle your case on your own. As an experienced Miami DUI defense attorney, I can explain the immigration consequences of a DUI and provide you with a hard-hitting defense. Call now for a free case evaluation!

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!

Margin of Error in a Breathalyzer Test

To this day, breathalyzer results are often relied upon as strong and conclusive evidence that an individual is guilty of drunk driving. Unfortunately, it has slowly become more apparent that these results don’t hold the irrefutability some have claimed. Researchers, scientists, and attorneys have spent years analyzing breathalyzer machines to arrive at similar conclusions: things are not as they seem.

Why are breathalyzers so faulty?

It is helpful to first understand how a breathalyzer machine operates. The suspect blows air into a device, which is then supposed to calculate the amount of alcohol in their system. However, the calculations are based on mere averages and therefore not unique to each test-taker.

The breathalyzer determines a person’s blood alcohol content (BAC) by multiplying the content of alcohol in the air by 2,100. This number is used because the “average” person typically has 1/12100^th the amount of alcohol of an equal gallon of blood when they exhale. Clearly, what is average for one person may be far from correct for another.

Studies have shown that breathalyzer results vary at least 15 percent from the actual BAC. This is a significant deviance that officers fail to take into consideration. Compounding this problem is the fact that at least 23 percent of all tested individuals will get results that are higher than their actual BAC!  

There are also numerous factors that can influence a breath test reading, but are often ignored by law enforcement.

Results can be tainted by any of the following:

• Carbonation
• Body type
• Age
• Fat/muscle content
• Alcohol intolerance
• Food consumption

What officers are taking at face value is clearly far from the truth. Many times, tests are administered improperly and the alleged offender suffers as a result. It is imperative that you retain a lawyer who will challenge your breathalyzer results. Simply sitting back and expecting a breath test to work in your favor rarely bodes well for those facing DUI charges.

The sooner you take action, the higher your chances for a favorable outcome. My firm’s Miami DUI lawyer has more than 30 years of experience and has successfully challenged countless breath test results for his clients. 

Schedule your free consultation by calling Attorney Jonathan Blecher today!