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. 

Holiday DUI Enforcement - Radio Interview

I appeared on Fried on Business last week to talk with the host and listeners about DUI enforcement this holiday season. This is a yearly feature on the Fried on Business program, which can be heard on 880AM-TheBiz in Miami, Florida. Follow this link to listen to the entire one hour program.

We discussed a wide range of topics including:

What to do if you're stopped by the police
Defenses to DUI prosecutions
Driver license suspensions
Penalties for DUI in Florida
Technology and DUI enforcement
Ignition Interlock Devices
Laser Beams and Vapor



For more information about how I can help you, please contact my firm today. Get your no-cost case evaluation by calling or filling out the website’s consultation form.