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.