Florida Statewide DUI Defense Attorneys Whittel & Melton :: Ex-Marlin Miguel Cabrera Accepts Plea Deal in DUI Case

January 17, 2012

A judge last week ordered Detroit Tigers’ Miguel Cabrera to serve six months of probation and pay a $500 fine after he entered a plea of no contest to DUI, a charge he was scheduled to face at trial on Jan. 9.

Cabrera’s attorney said an additional 100 pages of discovery material was received last week that could have interfered with the Jan. 9 trial date. The All-Star first baseman allegedly chose to settle the case so that it would be closed before spring training begins in February.

The discovery presented allegedly contained no new evidence, but consisted of photographs and transcripts from a video news conference Cabrera gave after his arrest.

Cabrera appeared before a St. Lucie County judge and was ordered to pay $1,436 in court costs, attend DUI school and a victim impact panel and perform 50 hours of community service In addition, his driver’s license will be suspended for six months.

According to the Assistant State Attorney, Cabrera received the same plea offer that is usually extended to first-time DUI offenders and he received the minimum mandatory sanctions.

According to police reports, Cabrera allegedly became angry when he was refused service at a Fort Pierce restaurant and threatened an officer and manager there. After police arrived, the ballplayer allegedly drove around to the back of the building and exited the parking lot.

Around 11 p.m. Cabrera’s black Land Rover was supposedly spotted by police with smoke coming from the engine. Police reported his eyes were allegedly watery and bloodshot and his speech was slurred. Cabrera apparently grabbed a bottle of scotch and drank from it before he was handcuffed for not following orders.

He was originally charged with DUI, two misdemeanor counts of resisting an officer without violence and a citation for an open container of alcohol in a vehicle. Prosecutors dropped one count of resisting an officer without violence and the second resisting-an-officer charge was dropped as part of the plea deal.

The judge dismissed the citation for an open container of alcohol.

In most states, including Florida, the Blood Alcohol Content which establishes a DUI is .08 percent. According to the American Medical Association, a person may become impaired when their blood alcohol level reaches .05 percent. Even if a person’s BAC is lower than .08, a police officer may exercise discretion and make an arrest for DUI.

Generally speaking, consuming one alcoholic beverage per hour will increase the average individual’s BAC to around .05 percent. Essentially, two drinks in one hour can put the average person over the legal limit. However, the number of drinks that can push a person beyond the legal limit can vary based on physiology and individual tolerance according to gender, weight and body fat.

The penalties and costs associated with a Florida DUI conviction bear a heavy impact on all aspects of your life. Consequences include the possibility of jail time, significant fines, court costs, community service hours, probation, DUI school, counseling sessions, substance abuse evaluations, vehicle impoundment, installation of an ignition interlock device on your vehicle and the loss of your driving privileges. Additionally, a DUI conviction can influence your occupation and future educational and employment opportunities.

A Florida DUI Lawyer can advise you of your legal rights and the criminal process under Florida DUI laws. As former prosecutors, the Florida DUI Attorneys at Whittel & Melton can provide you with an aggressive defense and help you achieve the best possible outcome for your unique DUI case.

If your or a loved one has been arrested for DUI throughout the state of Florida, contact the Florida DUI Defense Attorneys at Whittel & Melton online or call us statewide and toll-free at 1-866-608-5LAW (5529).