Justin Bieber, 19 years old, was arrested for DRIVING WHILE INTOXICATED (DWI), RESISTING ARREST, and DRIVING WITHOUT A LICENSE on early Thursday morning, January 23, in Miami. The Miami Beach Police pulled Beiber over for DRAG RACING in a multi-million dollar Miami residential neighborhood. He was driving a rented yellow Lamborghini, which was returned to the rental company, rather than being seized for forfeiture by the county in which the incident occurred since the vehicle was not owned by Beiber.
The Police reported Beiber had a flushed face, blood shot eyes, and the odor of alcohol on his breath. These are the usual indicia of intoxication the police cite in a criminal complaint, usually along with slurred speech, as well as unsteady on one's feet. Beiber is also alleged to have made incriminating statements admitting to the use of not only alcohol, but marijuana and prescription medication. This will bring the charges to a different level in that he most will likely be charged with DRIVING WHILE UNDER THE COMBINED INFLUENCE OF DRUG OR OF ALCOHOL AND ANY DRUG OR DRUGS, VTL Section 1192.4-a . He also has the problem that he will be charged as A DRIVER UNDER THE AGE OF 21, VTL Section 1192-a, which in QUEENS NY, as well as all the other counties of New York State, implicates longer driver license revocation periods of at least 1 year for a first offense, or up to the age of 21 or 1 year, which ever one is longer, in second offenses.
CRIMINAL ATTORNEY ROY BLACK appeared for Beiber's arraignment appearance in Court. The Criminal Court Judge set $2500 bail.
In New York State, including Queens, a driver who submits to a breath test, whose blood alcohol content is .05 up to .08 is charged with a Vehicle and Traffic Law Traffic Infraction, with a 90 day suspension of their driver's license if they are convicted, among other fines and penalties. A driver whose blood alcohol content is .08 up to .18 is charged with a Vehicle and Traffic Law Misdemeanor Charge, with a 6 month revocation of their driver's license, if they are convicted, plus other fines and penalties. A driver whose blood alcohol content is .18 or higher faces a 1 year license revocation, if convicted, among other fines and penalties. These suspension and revocation periods refer to a driver who has been convicted for the first time for driving while under the influence or impaired by alcohol. When a person is arrested for DRIVING WHILE INTOXICATED, that person not only faces criminal charges, but also faces New York State Department of Motor Vehicle penalties. Additionally, special provisions apply for driver's under the age of 21, which conincide with THE ZERO TOLERANCE LAW FOR DRIVERS UNDER THE AGE OF 21.
If you have any questions regarding a DRIVING WHILE INTOXICATED case, or you or someone you know needs representation on such a case, please feel free to call me, Luke Scardigno, a Criminal DWI Lawyer, at 718-414-6186.