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.
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.
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.
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:
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.
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
If the second conviction occurred within five years of the first:
If the third conviction occurs within ten years of the first conviction, it is a felony DUI charge. The penalties can include the following:
A fourth drunk driving arrest is considered a felony DUI, similar to a DUI manslaughter offense, regardless of the time between prior convictions.
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.
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:
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.
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.
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.
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.
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.
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. …
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.
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.
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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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.
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!
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.
