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!

Florida Man Hits Pedestrian, Charged With DUI Manslaughter

COOPER CITY, Fla. – A Cooper City man who was arrested for driving under the influence is now facing additional charges after allegedly running over a pedestrian who was out late walking his dog.

The victim’s ex-wife called the victim a great father, a great son, and a “great guy.” Everybody loves him, said B. Ledesma.

A man suspected of drunk driving struck R. Wimpey, 52, as he walked his dog just steps away from his Cooper City apartment.

As Wimpey was receiving treatment at the hospital, his family was hopeful that he would survive his injuries, but now that his body succumbed to them, they are devastated.

Ledesma said Wimpey’s mother is 80 years-old and his daughter is 18. His daughter is already asking Ledesma about who’s going to walk her down the aisle when she gets married. She’s asking, “Who’s going to see my grandchildren?”

The accident happened in the early morning hours of Sep. 11, shortly after 1:00 a.m. Wimpey took his dog, Ana, out for a walk, and he made sure that she was wearing a yellow, reflective vest so as to be seen by motorists.

According to police, Wimpey’s neighbor, M. Smith was driving under the influence of alcohol when he struck Wimpey at the corner of SW 52nd and 90th Way.

One of the neighbors, E. Gonzalez, told CBSMiami that she heard a skid around the corner and knew that someone was going a little bit too fast.

Another neighbor, M. Marcais, said that heard the screaming and crying, and that he noticed the dog, Ana running around.

Smith did not flee. Instead, he remained at the scene until he was arrested on DUI charges. Meanwhile, Wimpey was transported to a local hospital where he received treatment for a broken leg, a collapsed lung, and a traumatic brain injury. Eleven days after the accident, Wimpey died as a result of his injuries.

Smith was re-arrested on Sep. 30 on new charges and appeared at Broward County Court. Smith has been charged with DUI manslaughter and vehicular homicide.

Need a Miami DUI attorney?

If you’re facing DUI charges in Miami-Dade County, you need an aggressive defense attorney. As a former prosecutor who is not only a member of the National College for DUI Defense, but selected for inclusion in Florida’s Super Lawyers®, I have the qualifications you need for a strong defense!

Call Jonathan Blecher, P.A. to schedule your free case evaluation!

‘Fair DUI’ Creator in Cuffs at a DUI Checkpoint

Almost everyone has heard about the Boca Raton attorney who came up with a controversial method for getting out of a DUI checkpoint. Attorney Warren Redlich is the one whose technique requires that drivers do not lower their window or speak to officers at a DUI checkpoint.

He recently tried out his technique in Coral Gables and wound up in handcuffs.

Earlier this year, Redlich’s method for avoiding a DUI checkpoint was all over the news. Per his method, instead of rolling down your windows, you press a card to your driver’s side window that reads, “I remain silent, no searches,” and you show your license and registration through the window.

But when Redlich tried it in Coral Gables, he was repeatedly warned by the officer. The police weren’t going to accept the documents through the glass technique. A camera captured the officer opening the door and handcuffing Redlich.

Redlich said that they think he’s required to roll down the window and hand over his license and he thinks he’s not required by law to do that, he told CBS4.

To Redlich, DUI checkpoints are a waste of time. He calls them ineffective and says they’re publicity stunts. They don’t work, he told CBS4’s David Sutta in an interview.

Redlich also believes that DUI checkpoints violate people’s 4th Amendment protections against unlawful searches.

Redlich Wanted to Make an Example of Coral Gables

According to Redlich, he didn’t end up in Coral Gables that evening by chance, he deliberately went there to make an example out of Coral Gables.

After Redlich’s “Fair DUI” made the headlines, Coral Gables attorneys took a closer look. They adopted a policy that according to Redlich, was more extreme than anything he’d seen before.

If a driver refuses to open their window at a checkpoint, they could get arrested. The penalty is usually a ticket for a non-moving violation.

That night in Coral Gables, Redlich was handcuffed for three hours. He says he’s confident that he’s right and they are wrong. In the end the officers let him go. He was ticketed for failing to show his driver’s license.

Coral Gables City Attorney Craig Leen told CBS4 that the officer has discretion, and that Redlich could still be charged with obstruction of justice. Leen called the situation sad and said that he’s playing a game, that he’s not here for any purpose but to obstruct a DUI checkpoint and that, he said, is wrong.

As Redlich considers taking his argument to federal court, the city is ready to fight back. Leen said that he will defend his view and they will prevail.

If you were arrested for DUI, contact my firm to get your legal questions answered by an experienced Miami DUI attorney who is a former prosecutor. 

Petition to Deport Justin Bieber on Its Way to White House

A group of people are trying to get Justin Bieber deported back to Canada. They’ve put together an online petition that describes Bieber as reckless, destructive, and a drug abuser. The petition has amassed enough signatures to earn official review from the White House.

The petition, “Deport Justin Bieber and revoke his green card,” was established on the site, We the People. It was created after the Canadian singer and songwriter was arrested for DUI, driving with an expired license, and resisting arrest on January 23, 2014 in Miami Beach.

With over 273,000 signatures to date, the petition has earned enough signatures to receive a White House review.

The 21-year-old lives in Beverly Hills and is reported to possess an O-1B visa. Such visas are based on “extraordinary achievement” in the arts, TV or film.

Following his 2014 DUI arrest in South Florida, over 270,000 people petitioned the White House to have Bieber deported. Though the number of signatures are sufficient for a review under the White House guidelines, the Obama Administration has declined to comment on the petition.

In retaliation to the petition demanding that the “One Less Lonely Girl” singer be deported, Bieber supporters (Beliebers) created their own petition on the We the People site, “Stop Justin Bieber from getting deported.”

This petition argues that the idea of Justin Bieber getting deported is “completely unfair.” Saying that that he doesn’t deserve this, that’s he’s human. That he’s not perfect.

Immigration Experts Doubt Deportation

Immigration law experts say that it’s highly unlikely that Bieber will be deported. One reason being that about a decade ago, the Supreme Court ruled that DUI is not typically a deportable offense.

In the January 2014 DUI case, Bieber settled to a plea bargain where he pleaded guilty to resisting an officer without violence, and to careless driving, in exchange for dropped DUI charges.

He was fined $500, sentenced to an alcohol education course and 12 hours of anger management classes. As a part of his deal, he donated $50,000 to a children’s charity.

Toxicology results found that Bieber’s blood alcohol level was below the 0.02 limit for drivers under the age of 21. He did however, test positive for marijuana and the anti-anxiety drug, Xanax, NBC Miami reported.

Searching for a Miami DUI attorney? Contact my office, the Jonathan Blecher, P.A. to discuss your DUI charges with a former prosecutor, who’s handled over 3,000 DUI and suspended license cases since 1982. 

If You Refuse to be Tested on the Blood, Breath, or Urine Tests, Will You Lose Your License?

Chemical tests go hand-in-hand with DUI charges. Blood, breath, and urine tests are often the cornerstone of the case against an individual arrested for drunk driving. Because of the significance of these tests, it can be tempting to refuse when asked to take one by a police office. After all, if they don’t have concrete evidence against you, they certainly can’t arrest you, right?

Unfortunately, it is not always so black and white. Refusing to take a chemical test has serious consequences and doesn’t guarantee that you will avoid DUI charges. Before you refuse an officer’s request, it is important to first understand your rights.

The Basics of Florida’s Implied Consent Law

In Florida, there is something called the implied consent law. This law states that if you are lawfully arrested by a police officer who has probable cause to believe you have been drinking and driving, then you consent to taking a chemical test – blood, breath, or urine. The officer can require you to take more than one test and you must consent to each request, except in the case of a blood test where other pre-conditions are in play.

This law also imposes penalties on those who refuse to comply. The penalty for refusing to take a chemical test is based on your criminal record and the circumstances of your arrest. According to state law, the penalties for refusing to take the test are:

• First offense: one year license suspension
• Second offense: 18 month license suspension
• Third offense: 18 month license suspension

Second and any subsequent refusals can also invoke jail time and possible fines. While the consequences for refusing to take a chemical test are certainly lighter than those for a DUI, they can still be permanently damaging. Additionally, just because you didn’t take the test does not mean you’re off the hook for a conviction.

In short, whether you are facing the penalties for a chemical test refusal or are at risk of a DUI conviction, you need an experienced DUI attorney on your side. Accused individuals turn to my firm because they trust my legal background and unmatched devotion to their case. With 30 years of experience behind me, no charges are too complex for me to handle.

Fight for the outcome you need. Get in touch with my firm in Miami to schedule your free consultation! 

98-Year-Old Killed in Palm Springs DUI Crash

A man was arrested on July 10 on suspicion of DUI manslaughter after a drunken collision left a 98-year-old man dead in May, Palm Beach police say.

V. Pineda, 20, of West Palm Beach, faces felony charges stemming from a four-vehicle crash that he allegedly caused in May.

The fatal crash occurred on May 3 at around 10:15 a.m. in the 2900 block of South Congress Avenue after Pineda drove a 2001 Mitsubishi into a Honda that was stopped at a red light.

According to the police, the crash involved four vehicles and resulted in more than $10,000 in property damage.

N. Reitti, 98, of Lake Worth was a passenger in the Honda that Pineda slammed into. Reitti was transported to a local hospital after the crash – he succumbed to his injuries and died days later, according to the Sun Sentinel.

Pineda was driving with an expired tag on his vehicle, he didn’t have personal injury protection insurance, and according to the report, there was a “heavy odor” of alcohol on his breath.

In the report, an officer wrote that at first Pineda cried and felt sorry for the injured passenger, but then he started laughing.

Pineda’s blood alcohol concentration was .184 and .183, according to police – more than twice the legal limit.

Pineda was initially charged with DUI with injury, however, that charge was dropped last week. The authorities rebooked him into Palm Beach County Jail on Friday on a DUI vehicular manslaughter charge; he is being held in lieu of $100,000 bail.

He was still in jail on late Tuesday, the Sun Sentinel reported.

What are the penalties for DUI manslaughter?

DUI manslaughter in Florida is a very serious offense, which involves mandatory minimum sentencing. If Pineda is convicted, he faces from 4 to 15 years in prison, up to $10,000 in fines, possible victim restitution, and a non-expungable felony on his record.

Are you facing DUI charges in Miami? Regardless of the circumstances in your case, choosing the right Miami DUI lawyer to defend you can make all the difference. You cannot take chances with your future – contact my firm today!

Over Fourth of July, Water Cops Cracked Down on Boaters

On the Fourth of July one year ago, a three-boat crash on the waters of Biscayne Bay claimed the lives of four people, turning a post-fireworks celebration into a deadly mess.

In response to the crash, authorities called for additional patrols and the establishing of new limits for boaters on popular holidays, such as Memorial Day and the Fourth of July.

For this year’s Fourth of July holiday, water cops were cracking down on boaters. Some of their new enforcement efforts included how boats had to be tied together, temporary low-speed zones, and of course, a zero tolerance for boating under the influence.

The marine police and the Coast Guard wanted to prevent another tragedy from occurring during one of the most popular holidays for recreational boating. During the Fourth of July, it is common to see hundreds of boaters, swimmers, smaller craft and plenty of beer in Biscayne Bay.

Key Biscayne Police Chief Charles Press told the Miami Herald that they know that people like to party, and that the Fourth of July is a big day in America. He said that they want to ensure that good people who want to enjoy the day go home safe to their families.

In 2014, Miami-Dade County had the most boating accidents in the state. According to the 2014 Boating Accidents and Statistical Report released by the Florida Fish and Wildlife Conservation Commission, there were 79 boating accidents in Miami-Dade last year.

Those accidents killed 10 people and injured 47, leading to $2.2 million in property damage. The deadliest crash was last Fourth of July, the Miami Herald reports.

Penalties for Boating Under the Influence

Much like drunk driving accidents, one of the leading causes of boating accidents is boating under the influence of alcohol. In Florida, you can be arrested for boating under the influence (BUI) if you’re caught operating a boat after drinking alcohol.

The penalties for BUI vary depending on the circumstances of the case and whether you have prior BUI convictions. A first conviction for BUI without aggravating factors such as bodily injuries or death is punishable by up to $500 in fines, and up to 6 months in jail. Subsequent BUI convictions incur enhanced penalties.

If you are facing BUI charges, it is imperative that you speak with a qualified Miami BUI attorney. Contact my firm to discuss your legal defenses in 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!

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. 

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! 

2nd DUI in Miami

Are you looking for an attorney for a 1st DUI offense in Miami? I will deliver world-class DUI defense representation from a lawyer with a long track record for successful case results. I have devoted my career to the field of DUI defense, and I am very passionate about helping the criminally accused so they have the opportunity to effectively challenge their DUI charges in court.

If this is your first DUI, you are likely curious about what you are up against, and reasonably so. DUI charges are no joke, a conviction can have life-altering consequences. Since most people who are arrested for DUI are normally law-abiding citizens with a lot to lose, I have made it my life’s work to help defendants in every way possible. This way, they can put this in the past and move on to the next chapter in their lives.

The following are the DUI penalties for a first DUI offense in Florida:

• Up to $1,000 in fines, plus court costs
• Mandatory 50 hours of community service, or fine of $10 for each hours of community service required
• Up to 9 months in jail
• 10 days vehicle impoundment
• Maximum 1 year license revocation
• Must complete DUI school

Under § 316.193, F.S., DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances), you cannot drive with a blood alcohol level of 0.08% or above. In Florida, commercial drivers cannot drive with a BAL of 0.04% or above, and drivers under the age of 21 cannot drive with a BAL of 0.02% or above.

If you are convicted of DUI for a first offense and your BAL was 0.15%, or if you had a minor in your vehicle, you will be required to have an ignition interlock device (IID) installed in your vehicle for at least six (6) months.

Lawyer for a 1st DUI in Miami

Florida has some of the toughest DUI laws in the United States; therefore, your choice of attorney for a 1st DUI in Miami is critical to the success of your case.

Here are just a few reasons why clients choose to work with my firm:

• I have over 30 years of experience in DUI defense.
• I have successfully defended over 3,000 DUI cases.
• I am a proud member of the National College for DUI Defense.
• I am AV Preeminent® Rated by Martindale-Hubbell®.

You do not have to be alone in this fight. I urge you to contact me today to schedule a free, initial consultation. I can be reached at (305) 707-0036. 

1st DUI in Miami

Are you looking for an attorney for a 1st DUI offense in Miami? I will deliver world-class DUI defense representation from a lawyer with a long track record for successful case results. I have devoted my career to the field of DUI defense, and I am very passionate about helping the criminally accused so they have the opportunity to effectively challenge their DUI charges in court.

If this is your first DUI, you are likely curious about what you are up against, and reasonably so. DUI charges are no joke, a conviction can have life-altering consequences. Since most people who are arrested for DUI are normally law-abiding citizens with a lot to lose, I have made it my life’s work to help defendants in every way possible. This way, they can put this in the past and move on to the next chapter in their lives.

The following are the DUI penalties for a first DUI offense in Florida:

• Up to $1,000 in fines, plus court costs
• Mandatory 50 hours of community service, or fine of $10 for each hours of community service required
• Up to 9 months in jail
• 10 days vehicle impoundment
• Maximum 1 year license revocation
• Must complete DUI school

Under § 316.193, F.S., DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances), you cannot drive with a blood alcohol level of 0.08% or above. In Florida, commercial drivers cannot drive with a BAL of 0.04% or above, and drivers under the age of 21 cannot drive with a BAL of 0.02% or above.

If you are convicted of DUI for a first offense and your BAL was 0.15%, or if you had a minor in your vehicle, you will be required to have an ignition interlock device (IID) installed in your vehicle for at least six (6) months.

Lawyer for a 1st DUI in Miami

Florida has some of the toughest DUI laws in the United States; therefore, your choice of attorney for a 1st DUI in Miami is critical to the success of your case.

Here are just a few reasons why clients choose to work with my firm:

• I have over 30 years of experience in DUI defense.
• I have successfully defended over 3,000 DUI cases.
• I am a proud member of the National College for DUI Defense.
• I am AV Preeminent® Rated by Martindale-Hubbell®.

You do not have to be alone in this fight. I urge you to contact me today to schedule a free, initial consultation. I can be reached at (305) 707-0036.

Portable Drug Tests & New Year's DUI Checkpoints

The attack on drugged driving by over-zealous law enforcement has been an issue in the past, particularly in Los Angeles, where a state grant was used in 2013 to supply DUI checkpoints with oral drug swab testing equipment. During the holiday season in 2013, police were supplied with Q-tips and a "black box" which, in theory, would detect the presence of drugs in saliva.

The problem with this technology is that measurable impairment concentrations of drugs can't be found, only the mere presence of a substance in saliva. Additionally, both the DRE (Drug Recognition Evaluation) program and per se levels were developed because law enforcement and prosecutors could not prove impairment by drugs in the same manner they could prove impairment from alcohol.

Then police created DRE and then per se levels for drugs so they could prosecute DUI-drug cases. Even Marcelline Burns, who helped develop the DRE program admitted in published papers that the alcohol model does not work for drugs. The truth of the matter is that positive blood, urine or breath tests prove nothing but prior exposure, and only when they have been confirmed by Gas Chromatography/Mass Spectrum analysis.

Proving impairment from body fluid tests is impossible. There is just too much variability from person to person, and I am not aware of any controlled studies that can establish a range that fits everyone, any more than we can all wear the same pair of glasses.

Follow this link to the December 2013 NBC-LA news report.

For over 30 years I have been defending good people charged with serious crimes like DUI. Call me for a free, no obligation consultation.

Charged With a Felony DUI?

What You Need to Know About a Felony DUI

Anytime someone is being charged with a DUI, they are facing serious legal consequences that can affect them for the rest of their life. From a first time conviction to being charged as a multiple and repeat offender, someone who is accused of driving under the influence is facing jail time, hefty fines, loss of employment, suspension of their driver’s license, mandatory participation in an alcohol treatment program and more.

While any DUI charge can have a significant impact on the life of the accused, some charges will punish the driver more than others. A felony DUI, for example, carries the highest penalties of all.

A felony DUI is usually charged when a driver has:

• 3 DUI convictions within 10 years
• 4 or more DUI convictions in their life
• Caused bodily injury as a result of driving under the influence

When a driver is facing felony DUI charges, they are looking at up to five years in prison and a $5,000 fine. In addition to these penalties, the driver will have their vehicle impounded and their driver’s license revoked.

If the driver is being charged with causing the death of another as a result of being under the influence when driving, they will face DUI manslaughter charges. This will be charged as a felony although it is different than a felony DUI charge. DUI manslaughter carries 15 years in prison and a $10,000 fine, as well as allowing the accused to face criminal charges from the family of the deceased.

Have you been charged with a felony DUI? You need aggressive legal representation right away! Who you choose to hire to defend you is critical, and with over 30 years of experience, my firm has successfully defended over 3,000 cases. Call us to learn how we can help you!

What Are the “Reasonable Grounds” to Administer a Breathalyzer in Florida?

In the state of Florida, it is illegal to operate a motor vehicle while impaired by alcohol. If you are pulled over under the suspicion of drinking and driving, there are two ways an officer can test for blood alcohol content (BAC): a breath test or a blood test. A breath test is conducted using a breathalyzer machine.

To conduct a breath test, however, several criteria have to be met such as:

• Irrational driving behavior associated with intoxication
• Reason to believe you have been drinking
• Alcohol in your vehicle being consumed

Under Florida law of “implied consent,” you must agree to take a breath test if you are stopped by an officer. If you refuse to take a breath test, there may be civil and criminal penalties. You may believe that you will be better off refusing a breath test, but it can actually harm you in the long run. For a refusal, your license can be suspended for a significant amount of time.

Breath Tests are Not Perfect

It is important to keep in mind that breath tests can be faulty and make errors. Depending on your diet, physiology, medical conditions, and lifestyle choices, you may have a higher reading than usual. Additionally, environmental factors can affect the functioning of a breathalyzer machine. Technology is never flawless, and breathalyzer machines are no exception.

As the Miami DUI attorney at Jonathan Blecher, P.A., I have helped countless Floridians who tested positive for breath tests challenge their DUI charges. I have more than three decades of experience and 3,000 cases under my belt. On the noted legal website Avvo.com, I have been recognized with the highest possible rating of 10.0 Superb.

To get your free case evaluation, call my firm today or fill out this website’s consultation request form.

Legality of DUI Checkpoints in Florida

If you have been charged for driving under the influence because of a DUI checkpoint, you should get the facts from a knowledgeable attorney. Often, these checkpoints are set up on holidays, such as Independence Day or New Year’s Eve, when many people are celebrating by drinking. Over the years, checkpoints on highways have caught thousands of Florida drivers in the act of intoxicated driving.

Despite controversy about whether these checkpoints violate the Fourth Amendment protection against unreasonable searches and seizures, the United States Supreme Court ruled in the 1990 case of Michigan Dept. of State Police v. Sitz that the method of sobriety checkpoints operated within the confines of the Constitution.

However, there still may be legal issues with being pulled over in a DUI checkpoint. If the officers lack any sort of “probable cause” for conducting a search of your motor vehicle, there may not be solid reason for pulling you over. If you were pulled over and you were not intoxicated, your rights may very well have been violated. Additionally, the Washington Post published a worrying report last month about police across America fraudulently using checkpoints to seize the property of drivers who ultimately were not charged with a crime, which is illegal.

Were you charged in a DUI checkpoint?

I am Jonathan Blecher, P.A., an experienced Miami DUI lawyer who has fought to protect the liberties of the criminally accused throughout the Miami area. In fact, I began my career as a prosecutor, so I have the experience to understand how the other side approaches a case. Being charged with a DUI is a very unusual and strange experience, and you may be facing uncertainty during this time, which is why I am here to help.

For all cases, I bring the following to the table:

• More than 30 years of legal experience
• Martindale-Hubbell® AV Preeminent® Peer Rating
• Over 3,000 cases defended
• Perfect 10.0 Superb rating on the website Avvo.com

My firm is happy to offer free case evaluations to all potential clients. Pick up the phone and call me today or complete my website’s free consultation form.