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. 

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 Times reported.

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 arrested on 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!