Category: Uncategorized

Can I get a DUI for Prescription Drugs?

by Jonathan Blecher | June 21, 2017 | Uncategorized

While many simply associate a DUI with driving drunk, a person can also be arrested for DUI if they are under the influence of prescription drugs. Regardless of whether or not the driver legally had access to their prescribed medication, Florida DUI laws cover any sort of impairment that stems from an unnatural substance, providing […]

Can I Represent Myself?

by Jonathan Blecher | June 16, 2017 | Uncategorized

If you have ever been arrested on criminal charges, such as a DUI, you should recognize the line in the Miranda Rights that states that “if you cannot afford an attorney, one will be appointed to you.” Even if you have never been in handcuffs, you’ve probably heard a movie or television character say this […]

What is the Margin of Error in a Breathalyzer Test?

by Jonathan Blecher | June 14, 2017 | Uncategorized

To this day, breathalyzer results are often relied upon as strong and conclusive evidence that an individual is guilty of drunk driving. Unfortunately, it has slowly become more apparent that these results don’t hold the irrefutability some have claimed. Researchers, scientists, and attorneys have spent years analyzing breathalyzer machines to arrive at similar conclusions: things […]

The Early History of DUI Laws in the United States

by Jonathan Blecher | March 28, 2017 | Uncategorized

Alcohol-related traffic accidents account for more than 40 percent of all traffic fatalities in the United States, according to the National Highway Traffic Safety Administration (NHTSA.) To help combat this alarming statistic, all 50 U.S. states have laws against driving under the influence of alcohol or other controlled substances (DUI). Sometimes also called DWI (driving […]

How Can I Clear My Criminal Record in Florida?

by Jonathan Blecher | March 14, 2017 | Uncategorized

Record Sealing or Expungement Criminal records can be cleared in several different ways in the State of Florida. Criminal cases that have been dismissed by a judge or dropped by the state can be eligible for expungement. An expungement will result in the destruction of the criminal history record at the Clerk’s offices and will […]

Lower Blood Alcohol Limits for Younger Drivers

by Jonathan Blecher | March 14, 2017 | Uncategorized

The legal drinking age in the state of Florida is 21, so anyone under 21 may face charges of being a minor in possession of alcohol. In addition, if they are charged with driving under the influence, they may face serious consequences and additional charges. While blood alcohol levels are set at .08 for most […]

Forced Blood Tests in DUI Cases

by Jonathan Blecher | March 10, 2017 | Uncategorized

When Missouri v. McNeely was decided in 2012, the Supreme Court of the United States affirmed the judgment of the Missouri Supreme Court holding, that in a DUI investigation, “the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.” […]

DUI Crashes and Texting While Driving – Who is Most at Risk?

by Jonathan Blecher | March 9, 2017 | Uncategorized

The National Highway Traffic Safety Administration collects statistics on impaired driving and publishes them for use by government agencies, law enforcement and the public. According to a NHTSA report, 1 in 3 people will have their lives touched by a DUI-related incident, whether as a victim, witness or offender. The report also went on to […]

You Have the Right to Remain Silent – So What?

by Jonathan Blecher | March 8, 2017 | Uncategorized

This scene is played out every day, all across the country. Drivers are stopped and arrested for DUI and read their Miranda warnings, either on the road or at the station. People are told they have the right to remain silent and they have the right to speak with an attorney, and to have one […]

Can Police Charge Me With Breath Test Refusal Even if I Tried to Blow?

by Jonathan Blecher | March 6, 2017 | Uncategorized

According to Florida Law, any person who accepts the privilege of operating a motor vehicle consents to submit to an approved chemical test to check for illegal alcohol content or the presence of a controlled substance. Authorities use a breath or blood test for alcohol and a urine/blood test for drugs, but there is no […]