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Miami Criminal Defense & DUI Lawyer With Over 40 Years of Legal Experience

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Miami Criminal Defense and DUI Lawyer

Miami DUI Lawyer

Whether you've been charged with your first DUI offense or have been convicted of DUI, you need to take the matter seriously. Even a single DUI conviction can lead to jail, probation, fines, a driver's license suspension, and more.

Jonathan Blecher is a Miami DUI lawyer with over four decades of legal experience. Contact our office in Miami, FL, to discuss your drunk driving charges.

Florida DUI Law

In the state of Florida, you are considered to be driving under the influence (DUI) if you are in active physical control of your vehicle and you have a blood alcohol content (BAC) of .08 or greater. You are considered to be drunk driving, even if your vehicle was stopped at the time. If you have a BAC reading of .15 or higher, there are enhanced penalties. Drunk driving with a minor in the vehicle also subjects the driver to higher penalties.

Our Practice Areas

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DUI Defense

I’ll protect your driver’s license and your career if you are accused of driving under the influence in the Miami area.
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Criminal Defense

Even a minor criminal charge can have a major effect on your life. I’ll help minimize the consequences.

HOW A DUI INVESTIGATION WORKS

A successful DUI defense often comes down to being able to detect police errors during their investigation. As a Miami DUI defense lawyer, Jonathan Blecher looks at all phases of the investigation and reviews the supporting documentation. If there is a mistake that can be exploited to his client's advantage, DUI attorney Blecher will find it.

The Stop

The police can't just stop you on a hunch. They must have a legally valid reason for the stop and must document that reason. Valid reasons for stops include:

  • A traffic violation
  • Equipment violations
  • Crash investigation
  • Authorized DUI checkpoint
  • Vehicle or driver matched a BOLO description
  • The driving pattern matched characteristics of an intoxicated person (i.e. Wide turns, sudden stops, drifting within the lane, asleep behind the wheel, etc.)

PHYSICAL OBSERVATIONS

The police must be able to describe any behaviors or indicators that convinced them that the driver was drunk. Some of these include:

  • Bloodshot eyes
  • Red or puffy skin
  • Slurred speech
  • Uneven stance or walking
  • Sweating profusely
  • Odor of an alcoholic beverage
  • Lack of fine motor skills
  • Incoherence
  • Disheveled appearance

If the police fail to have a record of these types of indicators, a DUI attorney can press them on why they would assume that the driver was drunk at the time of the arrest.

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FIELD SOBRIETY EXERCISES

Under Florida DUI law, field sobriety exercises are voluntary. In most DUI cases, it's better if the driver refuses to participate in them since even sober individuals can have difficulty performing roadside tests. Additionally, the police video record these exercises for presentation in court.

The DUI exercises are as follows:

  • Walk-and-Turn – The driver is asked to take nine heel-to-toe steps, turn, and walk back.
  • One-Leg Stand – The driver is asked to raise either leg six inches off the ground and count from 1001 to 1030 without using their arms for balance.
  • Finger-to-Nose – The driver is asked to stand with their head back, and eyes closed, touching their nose with their index finger on whichever hand the officer calls out.
  • Horizontal Gaze Nystagmus (HGN) – The driver has to follow the tip of a pen or fingertip with their eyes. The eyes will begin to flutter at the corners if the subject has been drinking.

At this point, the officer will make an arrest. If you refuse field sobriety exercises, they will have to make their decision based on the earlier phases of the investigation. In practice, police will arrest you 90% of the time if their investigation gets this far. If they arrest you, they will recite the implied consent warning either at the time of arrest or at the station.

This is a reminder that as a condition of receiving your license or driving on the Florida roadways, that you agree to provide a breath or urine sample or both. If you refuse, your license will be suspended for one year for the first refusal and 18 months for the second. A second refusal is a first-degree misdemeanor which is punishable up to 365 days in jail and a $1,000 fine.

If you agree to take a breath test, the police will transport you to a blood alcohol testing unit to check your blood alcohol levels. They will observe you for twenty minutes and then require two samples. In some cases, they will also ask for urine. This is to detect other controlled substances that will not appear in a breath sample.

It's important to note that a simple mistake by the police is not always sufficient to base a DUI defense around. It merely means that a top-tier DUI defense lawyer, like Jonathan Blecher, may be able to get that piece of evidence dismissed.

WHAT ARE THE DUI PENALTIES IN FLORIDA?

If you have prior DUI convictions, the DUI penalties increase. The following penalties are for DUI convictions without aggravating circumstances, such as a BAC of .15 or higher, a minor in the vehicle, or causing an accident with injuries

  • Up to six months in county jail
  • $500 to $1,000 in fines
  • 180 days to one year driver's license revocation
  • One year probation
  • 50 hours of community service
  • 10-day vehicle impoundment
  • Fine increases to $1,000-$2,000
  • Up to nine months in county jail
  • Ignition Interlock for six months
  • Up to nine months in county jail
  • $1,000 to $2,000 in fines
  • 180 days to one year driver's license revocation
  • Ignition Interlock Device for one year

If the second conviction occurred within five years of the first:

  • Minimum ten days in jail, but with the possibility of up to nine months
  • Five-year license revocation
  • 30-day vehicle impoundment
  • Fine increases to $2,000-$4,000
  • Up to one year in county jail
  • Ignition Interlock for two years
  • Up to 12 months in county jail
  • $2,000 to $5,000 in fines
  • 180 days to one year driver's license revocation
  • Ignition Interlock Device for two years

If the third conviction occurs within ten years of the first conviction, it is a felony DUI charge. The penalties can include the following:

  • Minimum of 30 days in jail but up to five years in prison
  • 90-day vehicle impoundment
  • 10-year driver's license revocation

A fourth drunk driving arrest is considered a felony DUI, similar to a DUI manslaughter offense, regardless of the time between prior convictions.

  • Felony fine of $2,000
  • Up to five years in jail
  • Ignition Interlock Device for five years
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CAN A MIAMI DUI ATTORNEY GET A FIRST TIME DUI DISMISSED IN FLORIDA?

Yes, in many situations. Miami Dade County has a program for first-time DUI offenders called Back on Track. This program allows offenders to complete the program rather than face prosecution for a first DUI. A Miami DUI lawyer can advocate for this option, and if you qualify for and successfully complete this program, your DUI charges can be changed to a charge of reckless driving.

It must be your first DUI arrest to qualify for the Back on Track program. You must also meet the following criteria to qualify:

  • No minor children are present in the vehicle during the incident
  • There was not a motor vehicle accident or injury to another person
  • The vehicle had no open alcohol containers
  • Criminal record does not exceed one previous nonviolent felony or two previous misdemeanor convictions
  • No previous misdemeanor diversion program has been completed
  • At the time of the DUI arrest, you were not driving on a suspended license

While a DUI attorney in Miami Dade County can help you advocate for the opportunity to complete this program to avoid a DUI charge, there are disqualifying factors that must be considered. If the incident involves a high rate of speed, erratic driving, blowing higher than 0.25 in a breath test, a second DUI, or too many prior points on your driving record can disqualify you from the program. Ultimately, a Miami Dade DUI prosecutor will determine your eligibility.

HOW CAN A MIAMI DUI LAWYER HELP WITH DUI CHARGES?

A Miami Florida DUI lawyer can provide you with a defense strategy for your DUI charge to avoid significant legal consequences. The following are defenses a DUI attorney may use:

CHALLENGING THE ACCURACY OF A SOBRIETY TEST

During a DUI arrest, an officer might use a field sobriety test to assess a driver's impairment. Many factors can place the accuracy of these tests into question. This can include poor lighting, a medical condition, or improper instructions that skewed the results. Your attorney can try to prove that the test contained one of these flaws.

QUESTIONING THE LEGALITY OF THE TRAFFIC STOP

A valid reason must exist for a law enforcement officer to perform a traffic stop. This is called reasonable suspicion for stopping a vehicle. If your attorney can prove there was no legitimate reason for the officer to make the traffic stop, the resulting evidence may not be admitted by the court.

HIGHLIGHTING PROCEDURAL MISTAKES

Florida DUI criminal law provides a standard process for arresting and charging someone with a DUI that must be followed by Florida law enforcement. Your attorney can prove procedural mistakes such as mishandling evidence or failing to read your Miranda rights.

DISPUTING THE RESULTS OF A BREATHALYZER TEST

Alcohol concentration can be detected by testing a person's breath using a breathalyzer, but these are not 100% correct. Errors can occur, and your attorney can challenge the maintenance or calibration of the device or administration of the breath test.

ARGUING NO IMPAIRMENT

You may be able to argue there was no impairment despite testing positive for the presence of alcohol. For instance, you could show evidence that you could operate your vehicle safely.

Case Results

State Dropped the DUI Charge

Case 0048-WLN

Defendant struck a Florida Power and Light utility pole and continued driving. He was stopped sitting in an immobilized vehicle on the side of the roadway. …

Case Results

Get A free
Consultation

No matter what charges you face, I offer a free initial consultation to discuss your case and answer your questions. My law office is in Coral Gables, and I offer consultations in person, by phone or by videoconference. To schedule a consultation, call 305-321-3237 or use our contact form to send me an email.

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THE ROLE OF A MIAMI DUI ATTORNEY

Working with a Miami DUI attorney who fully understands how the courts treat DUIs is crucial for a criminal defense against a DUI. As a former Miami Dade DUI prosecutor, I can provide invaluable insight into how your case will be prepared against you. Knowing the weaknesses of the State provides a key advantage to building a solid defense.

When building your defense, we carefully review all available evidence. Our goal is to poke holes in the prosecution's case to show that there was an error in the process and that you are innocent of the charges. Our team will review the police report and see if a field sobriety test was performed properly, if your rights were read to you, and if the officer had a legitimate reason to make the traffic stop.

The specifics of your DUI case will determine whether or not you must appear in court. If your case goes to court, our team will prepare a solid legal defense on your behalf. We are fully committed to keeping you out of jail and avoiding a DUI conviction.

WHY CHOOSE OUR LAW FIRM?

Attorney Jonathan Blecher has successfully defended hundreds of clients against DUI charges. He has extensive experience in all stages of the criminal justice process. Despite the fact that DUIs are charged as misdemeanors, they are incredibly complicated.

Because he has reviewed so many Miami DUI cases, attorney Blecher is adept at detecting police errors and prosecutorial flaws in drunk driving investigations. Attorney Blecher also represents clients in the following areas and many others:

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Address

2525 Ponce de Leon Blvd, Suite 300
Coral Gables FL 33134

By Appointment Only

Business Hours

Monday - Thursday 8:30 AM - 6 PM
Friday 8: 30 AM - 5 P.M.

Phone

305-321-3237 Coral Gables law office Review Us

Case Studies and Testimonials

Amongst the many successful cases Jonathan Blecher, PA has defended, the following two are the most recent:

Case 0048-WLN Dropped By The State

Defendant struck a Florida Power and Light utility pole and continued driving. He was stopped sitting in an immobilized vehicle on the side of the roadway. The state was convinced to permit him to enter a DUI diversion program, despite his ineligibility. After completion, the state dropped the DUI charge.

Case 0349-WNC Dropped By The State

At 3:25 am, a police officer observed defendant driving 55mph in a 45mph zone. Defendant failed to stay in a single lane and was swerving over the solid white line. Defendant nearly struck a bicyclist. When stopped, the officer approached the defendant’s vehicle and smelled an odor of an alcoholic beverage coming out of the vehicle.

When Defendant was asked to step out of the vehicle, police officer did not smell alcohol on their person. Defendant’s eyes were bloodshot, watery and had dilated pupils. Speech was mumbled and slurred. Defendant had an odor of cannabis on his breath. Defendant attempted to perform field sobriety tests and was unable to perform to standards. Defendant was arrested for DUI. Breath test result was .000, but Urine Test result was positive for marijuana and cocaine.

Best lawyer Ever!!!!

“Mr. Jonathan Blecher showed me from the start he was someone I can trust with my case. He is Honest, Ethical, highly experienced. His confidence driven by experience made me feel safe as we will have the desired outcome in our case. With the expertise and energy he put in this case, finally, we got the results we wanted, and I owe it all to him. He changed my life! so I’m forever grateful. He knows how to do his job. Wow, he is truly an amazing attorney at law! I would recommend him to all my friends and family. Thank you so much for helping me, Mr. Jonathan”

-Lester

Jonathan Blecher is EXCELLENT

“Jonathan is knowledgeable and efficient! He is an outstanding attorney and I highly recommend his services. I have nothing but excellent feedback for Jonathan Blecher and his firm!”

-Anamaria

Bless this man

“The title of this review should say it all. Jonathan Blecher’s bedside manner and communication is outstanding… he was extremely patient, sincere and kind with me over the phone for a consultation. I stumbled across his name while doing some online research for a question I had and saw his amazing reviews and gave him a call and I can say I completely understand the reasons for his high ratings. Remarkable human being! I am forever grateful your help. God bless you Mr. Blecher. Highly recommend!!!!!!!!”

-Michelle

Jonathan was able to reopen my case and he won.

“I don’t even know where to start i have been battling having a suspended license for about 10 years which led me to become an habitual driver I called around looking for lawyers and each and every one of them turned me down and said that my case was too old and that I will just have to wait out the 5 years. I am a single mother and I have been catching Uber Lyft and getting rides with friends to and from work spending so much money that I don’t have while trying to pay bills. It has really been a struggle for me. I am so blessed to have came across Jonathan. He is truly a blessing for taking his time with me and helping me. He was very professional, he responded quickly and always kept me updated. Jonathan was able to reopen my case. The same old case that other so called lawyers claim that was too old to open and he won. I couldn’t do nothing but cry. I’m so grateful for him. If he was able to help me he can help anybody. Thank you once again Jonathan!”

-Anonymous

He is able to reach the best outcome for his clients.

“Mr. Blecher has worked on a number of DUI cases which I was prosecuting. He knows how to find a weakness in a case, and also when to recognize a lack of weaknesses so that he is able to reach the best outcome for his clients.”

-Attorney Ethan Timmins

Mr. Blecher is among the finest criminal defense attorneys in Miami and is the best DUI defense attorney in the State of Florida.

“Mr. Blecher is among the finest criminal defense attorneys in Miami and is the best DUI defense attorney in the State of Florida. He is a tireless worker, a respected member of the Florida Bar, and a brilliant litigator. If I ever find myself in a situation, in which I need the assistance of a criminal defense attorney or a DUI specialist, I would only call Mr. Blecher to represent me.”

-Attorney Gilberto Izquierdo

I would highly recommend him to anyone looking for his area of services.

“Jonathan did excellent work in my DUI case, in an expeditious manner. He is professional and very knowledgeable in criminal issues dealing with DUI offenses. I would highly recommend him to anyone looking for his area of services.”

-Former Client

Mr. Blecher is professional, experienced and knowledgeable regarding criminal law.

“I highly recommend Mr. Jonathan Blecher as a criminal attorney. Mr. Blecher is professional, experienced and knowledgeable regarding criminal law. He has helped me and my family with various legal issues resulting in positive outcomes. I have recommended his expertise to friends in need of legal representation, especially those with DUI arrests.”

-Anonymous

Best Lawyer in Miami, Jonathan Blecher

“I was afraid and did not know who to turn to after my accident; but, I am really glad I put my trust in Jonathan Blecher, the best defense attorney ever. Jonathan answered all of my questions and took care of all details; he clearly explained all procedures and all possible outcomes; and, most importantly, he got my charges reduced. Yes, his knowledge of the law, his tireless efforts, and his awesome results are priceless. I truly appreciate Jonathan Blecher; and, I am sure you will too.”

-Former Client

Amazing Job

“After being very skeptical about dealing with a NY traffic lawyer I had a matter in Miami to deal with on very short notice. I contacted Mr. Jonathan Burton Blecher and my matter was solved within a week. He was extremely professional and his price was fair and well deserved. I will recommend him to anyone.”

-Former Client

Best lawyer Ever!!!!

“High professionalism, very knowledgeable and quick solver of his cases… My husband got his driver’s license back in a week after we contacted his firm…He is the best!!!”

-Former Client

Could not have asked for a better outcome

“Hiring Mr. Blecher turned out to be the best decision I could have made after getting into trouble. I ended up with a better result than I could have hoped for, given the circumstances of my case. Mr. Blecher was knowledgeable, reassuring and decisive and allowed me to focus on my life while my case was in progress. The fact that my poor decision is officially in the past and has not stuck with me since my arrest is a testament to Mr. Blecher’s skill and experience. I would highly recommend hiring him if you are ever in need of legal counsel.”

-DUI Client

Recommendation

“Mr. Blecher represented me with the respect to a DUI where I could potentially have been convicted. He very successfully and artfully defended me. He was forthright, truthful and honest in his representation and delivered exactly what he said. As of yesterday, my record has been sealed. I was very happy with this action.”

-Connie

Best Lawyer Ever!!!!!

“High Professionalism, very knowledgeable and quick solver of his cases… My husband got his driver’s license back in a week after we contacted his firm… He is the Best!!!!!!!!!!!”

-Georgette

Excellent Attorney

“Mr. Blecher assisted me with my DUI case, was able to enter me into the Back on Track Program, and get the charges reduced to reckless driving without a conviction. Furthermore, he took the extra step and handled getting my record sealed promptly thereafter. He was always available, returned emails promptly, and took the time to listen and answer questions. If you’re looking for an attorney to work hard for your best interests, look no further than Mr. Blecher.”

-Former Client

Mr. Blecher is a well-regarded and driven attorney who provides exceptional legal representation.

“I wholeheartedly endorse this lawyer. Mr. Blecher is a well-regarded and driven attorney who has provided exceptional legal representation to numerous clients throughout the U.S. With his extensive knowledge, broad experience, and impressive professional skills, he is bound to invest his time and energy into achieving the best outcome for each case, regardless of its level of complexity.”

-Attorney Channika Desilva

He is very experienced and extremely knowledgeable about the areas he covers.

“Jonathan Blecher is an excellent advocate for his clients. He is very experienced and extremely knowledgeable about the areas he covers. Of great importance is his ability to calm a client (very important in this area) and explain the process and likely outcomes. I endorse Jonathan without reservation.”

-Attorney William Sussman

A powerhouse of a criminal defense attorney who provides vigorous and effective representation to clients facing criminal charges.

“Jonathan Blecher is a powerhouse of a criminal defense attorney who provides vigorous and effective representation to clients facing criminal charges. He is especially knowledgeable in DUI defense and the inner workings of the State Attorney’s Office. I would not hesitate to recommend his services to a colleague or potential client.”

-Attorney Daniel Silver

Jonathan Burton Blecher is one of the top attorneys in his field.

“Jonathan Burton Blecher is one of the top attorneys in his field. He is extremely knowledgeable, skillful, and knows the ins-and-outs of the law. However, this is not what makes him great. His most valuable asset is his strong conviction for what he does. I endorse this lawyer’s work.”

-Attorney Kevin McKie

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MIAMI DUI FREQUENTLY ASKED QUESTIONS

These are some of the most commonly asked questions about Florida’s DUI Laws.

The license suspension is not immediate. Your license will be confiscated, but your DUI ticket will serve as a temporary license prior to your DL hearing.

Many people think that if they were pulled over with a low BAC or if they were not involved in a car crash, then hiring a lawyer is not necessary. However, the value a DUI lawyer can provide to your case is critical. The legal limit in Miami is .08. Unfortunately, you can still face severe consequences even if you are under the .15 BAC threshold. https://youtu.be/OsTuTX0FnQI?feature=shared

A DUI conviction remains on your criminal and traffic record permanently and cannot ever be sealed or expunged. For the purpose of enhanced penalties for multiple DUIs, it can remain relevant for five years for a second conviction, ten years for a third conviction, and permanently for a fourth conviction.

DUI cases with criminal defense representation fared much better than those with defendants who fought their cases alone. Around 30-40% of DUI cases will be pleaded down to reckless driving or get fully dismissed in Florida. DUI convictions are much higher without legal representation.

You can try, but trying to mount a cogent DUI defense requires knowledge of the law and legal experience. It's definitely in your best interest to hire a Miami criminal defense attorney immediately.

In Florida, if a driver is pulled over with a suspicion of driving under the influence and refuses to take a blood or breathalyzer test, their driver’s license is automatically suspended. You are given 10 days following an impaired driving arrest to challenge a driver’s license suspension with DHSMV. This process is separate from a criminal case, which will be addressed in a criminal court.

The criminal defense lawyers at the law offices of Jonathan Blecher, PA, will do everything in our power to defend your DUI case and expedite the legal process as best we can. Unfortunately, there can be certain legal formalities that our law firm cannot avoid. While no two cases are the same, a DUI defendant should generally plan on the legal process taking several months before reaching a full resolution. The complexities of your DUI case could affect its duration.

Technically, yes, you have the power to refuse an officer's request to take a breathalyzer or blood test but it’s important to understand the repercussions if you choose this option. A driver who refuses to take a breathalyzer or blood test at an officer's lawful request will receive a suspended driver’s license for 12 months.

A DUI lawyer’s fees will vary depending on their skill level, reputation, and experience. Generally, for a misdemeanor DUI offense, a lawyer’s fees will range between $1,500 and $7,500, based on their experience.

If you've had two prior convictions within the past ten years or three prior convictions, you will be charged with a DUI felony. Additionally, if you were involved in an accident that was your fault, and another party was injured, it's a third-degree felony.

If you've been charged with DUI, you need to take the matter seriously. Contact Miami DUI Lawyer Jonathan Blecher today!

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A MIAMI DUI LAWYER CAN DEFEND YOUR CASE

If you have been arrested for a Miami DUI, you need aggressive legal representation to defend your case. Jonathan Blecher, PA has decades of experience defending criminal cases and is prepared to help you. Message us today using our quick online contact form to secure skilled criminal legal representation during a free case evaluation for your drunk driving case.