DUI Defenses in Florida
Miami DUI Lawyer Creates Strategic Defenses for Each Client
At Jonathan Blecher, P.A., I have been able to secure positive outcomes
for my clients in even the most complex of cases. For example, I have
worked hard to see my clients get through their DUI convictions by pushing for
DUI Diversion Programs, even in cases in which it seemed as though my clients could never be
eligible for the program.
By developing a creative and effective legal strategy, I was able to successfully
secure participation in diversion programs even in cases of automobile
accidents with police cars, excessive points on a record, high breath
test results, and drug possession charges. Such accomplishments are by
no means easy feats, but as a Miami DUI attorney who is dedicated to the
best interest of my clients, I believe in the need to keep a record clean
at all costs.
The Best DUI Defense Strategies
Types of Defenses Against DUI Allegations
As a former prosecutor, I know that it is the prosecution's job to
prove your guilt beyond a reasonable doubt. Because the prosecution has
the burden of proving guilt, I can analyze the entirety of a case as it
is: your side of the story, all pieces of evidence, and any key details
that compromise the validity of the prosecution or law enforcement officer's
claims. Effective defenses can include the following:
Blood Alcohol Content (BAC) at the Time of Driving, or "Retrograde
Extrapolation" - This defense forces the prosecution to try to prove your BAC at the
time that you were driving. Your breath or blood test result reading an
hour or two later may not be what establishes a DUI conviction. Because
BAC can be influenced by food, water, body metabolism, or how much you
drank, the state may have a very difficult time trying to actually prove
that your BAC was an illegal amount.
Non-Compliance with the Florida Department of Law Enforcement (FDLE) Standards - The FDLE requires that officers must follow strict procedures before
and after administering any chemical test. Failure to adhere to standards
could result in a motion to suppress evidence based on non-compliance
The Confusion Doctrine - If an officer mixes up the order in which the Miranda rights and implied
consent warnings are read to an arrestee, you may win a motion to suppress
the evidence of a chemical test or any refusal to submit to the chemical test.
Miranda Rights - Officers must read Miranda warnings, or your constitutional rights to
remain silent and not self-incriminate, in every DUI arrest. If an officer
fails to honor your right to silence, you could have grounds to challenge
your statements' admissibility.
Implied Consent Warnings - As a Florida driver, you are bound by implied consent laws to submit
to a chemical test when asked to do so by an officer. In cases in which
an officer does not have probable cause to ask for a chemical test, the
evidence gathered against you can be inadmissible in court.
Violation of the 20-Minute Observation Period - FDLE standards require an officer to observe you for 20 minutes prior
to administering a breath test and be reasonably certain that you didn't
regurgitate. If an officer fails to honor this period, test evidence may
be suppressed in court.
Actual Physical Control - Many times, the prosecution and key witnesses cannot even prove that
you were in control of a vehicle during a DUI accident.
Motion to Exclude Horizontal Gaze Nystagmus (HGN) Test - Florida law requires a blood, breath, or urine test to accompany an
eye test. If an officer failed to acquire a chemical test to accompany
an eye test, any evidence against you could be inadmissible in court.
Motion to Suppress Blood Test Results - Florida law prohibits officers from taking blood unless there has been
a serious injury, death, or probable cause to believe you were operating
a vehicle under the influence. If reasonable cause cannot be proven, evidence
against you can be suppressed in court.
Illegal Stop - Officers must have reasonable suspicion to stop your vehicle. Failure
to show reasonable cause could result in any evidence gathered from an
unlawful stop being dismissed.
Employing the right defense at the right time and in the right circumstances
can be pivotal to a DUI case. Only an experienced Miami DUI lawyer can
determine which defenses can yield the most effective result for your
DUI Evidence Can Be Challenged
DUI cases are among the toughest areas of law because they require knowledge
of science and law and demand an understanding of how the two areas affect
one another. Just because a breath test determined that your BAC was above
the legal limit does not mean that you will be convicted of a DUI offense.
It is the job of the prosecutor to prove your guilt beyond a reasonable
doubt, but with the help of an experienced DUI defense attorney in Miami,
your legal representative can effectively challenge the validity and admissibility
of any evidence brought against you.
About Attorney Blecher's Experience
As an expert Miami DUI defense lawyer and a former prosecutor with more
than 30 years of legal experience, I can be trusted to take a creative
approach to help you achieve the best possible resolution after a DUI
arrest. I have successfully represented more than 3,000 DUI cases and
have been trusted time and time again to represent individuals accused
of DUI-related offenses in Florida.
I have a 10.0 Superb Rating on Avvo and am AV® Rated by Martindale-Hubbell®.
I personally handle each case that comes through my doors and create an
effective strategy by analyzing all of the facts surrounding a case, assessing
any possible weaknesses and strengths, and explaining all legal options
to my clients. It is this forward-thinking approach that enables me to
achieve positive results and keeps clients satisfied! If you are ready
to fight your DUI allegations, do not hesitate a moment longer.
Contact my firm today to schedule your initial
case evaluation to get started!