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Drunk Driving – The Complete Guide for Those about to Be Prosecuted

Moti Orange
Moti Orange

Israel iluz

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Joshua Pex was both an amazing human being and an inspiring human rights attorney. I reported directly to him for various activities I performed as in intern. I was impressed with his incredibly solid character. He is trustworthy, fair, and goes above and beyond to advocate for the vulnerable. He is completely trustworthy and high caliber in his work. His partners and employees are very blessed to work with him. I am honored to know them.

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Eden Weiss

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We were very pleased and content with the services of this law firm. They supported us 100% and solved our case successfully, we couldn't be happier.

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Great Team. With no doubt, this office is actually thee best-leading office in Israel. Simply put, if you want your case to win, just join them, hand in your documents, and celebrate the victory.

Kindest regards,
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Michael and Ariellah Waizman

For Advocate Joshua Pex.

We were in a devastating situation when my wife received an order from the immigration office to leave Israel within 30 days, without any explanation, after we have been married and in the process for six and a half years. We heard of Advocate Pex through a friend of a friend. We contacted Mr. Pex and he was ready to help us when he heard of our situation.

The service is amazing! Always ready to assist without regard to the time it takes. The advice Mr. Pex gave us was great, such as what to do, he gave useful links, and advice about which officials to contact. The price for the service was great!

The process until we received the extension for another year for my wife was not long (3 months). Things started moving once Mr. Pex came into the picture.

We highly recommend Advocate Joshua Pex! We achieved our goal and the fear of deportation has been lifted!

Shaltiel Devorah

Mr. Joshua Pex is knowledgeable and Professional. I really appreciate his courteous and direct approach.

Morgan Jones

The team at Decker, Pex & Co have been awesome to work with in helping our US company establish banking in Israel and in providing counsel for legal needs in Israel. I highly recommend!

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A really excellent firm. They knew exactly how to handle my situation effectively and efficiently, and we got the result I needed without much fuss. Adi Berger was a wonderful advocate for me and I am deeply grateful for her help!

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I admire the Austrian citizenship team in Tel-Aviv branch! They deserve more then 5 stars!! They are very friendly and professional. I've got Austrian citizenship in 4 months for all family members which consists of 12 people! The entire team is very friendly and responsive. They are always answering questions and support during the process. I recommend to everyone. Was 100% satisfied.

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Party time in the heart, my beloved husband received his residence after so much time of battles and faith. Gratitude, God has blessed us with wonderful beings who have accompanied us, including a "precious angel" who touched our hearts, our excellent and fantastic lawyer: Maria Chernin Dekel, sweet and wonderful human being, who has guided us and stayed On our side. side in this intense legal transit whom we bless on every occasion. God bless you dear Maria, you have exceeded your professional duty by containing us and collaborating with us in hard times, very hard, for that we want to thank you publicly, you are unique!!!
We bless and thank the entire team at Decker Pex Tal Ofir Law Firm.

Andreas Kelling

We have been working with Decker, Pex & Co - Law Firm in Tel Aviv for many years very well. Because we appreciated their lawyers services, we recommended businesses and individuals again and again to go there as well.

Josh W-S

The firm had a quick response to my last-minute needs, they were helpful in communicating with me in English, and they fulfilled my needs in a timely fashion.

Kfir Cohen

We were searching for a law firm that will be honest with us and really work hard for a satisfying result, it wasn't an easy task
We found them online; they were the only law firm from all of our searchings which were completely honest and NOT gave us just what we wanted to hear
Using them guaranteed honesty above all. A legal team that is friendly and cares for a superb result
They really care about helping their customers without any other interest
Nadia gave us service behind what we expected; she was professional which lead to fast and easy process with great result
We definitely recommend using them

David De La Rosa

Very friendly, professional, and effective, highly recommended

Lilian Granovsky

I can highly recommend these services!
Every time we turned to Joshua we always got a professional quick and helpful respond.

TarcisioePotira Freitas

I really recommend the law office's services. The service is very professional and efficient, the price is right. I am satisfied with the services I needed and happy to have known them.

Sveta Vashkevich

We (myself and my husband) came to Mr. Joshua Pex – for his professional advice – and we received such human warmth and caring attitude, that our hearts melted …

His attention to our details and our situation peculiarities, combined with his professionalism and knowledge, helped us to map out what needs to be done on our part: we appreciate and recommend You, Mr. Joshua!

Arielle Bosch

Incredibly knowledgeable, approachable, accessible, and evident across the board that they truly care about the people they are helping. They are quick to respond, engaged, and obviously top-notch lawyers. I couldn't recommend them highly enough. Thank you, Joshua and Itamar for your help with our Joint Life Application. You were a calming energy during a storm - always breathed a sigh of relief after speaking with you. It is so difficult to get straight answers from the Misrad Hapnim, but you guys are straight shooters. I appreciate your candor and evident integrity. Hope to work with you in the future, and will send everyone I know in need of legal aid your way. Thank you for your guidance and support.

Sophie Cooperman

Oded Ger did an excellent job by reviewing a modeling contract I was offered. Explained the bad clauses in the contract, and their possible consequences. Thank you for your amazing job, your professionalism, your consultation and honesty. You showed me from your experience how it can be done differently. It was the best decision choosing you as my lawyer.
I highly recommend this firm, especially Oded Ger.

Paul Prince

The team of lawyers and assistants are incredibly professional. Aiming to give their clients the advice possible regarding the normative and the law of Israel. With well trained and professional secretary at the front desk to the lawyers team, I could say that I had one of the most professional services possible. I'm super glad of choosing Joshua Pex of Law office for immigration solution, lawyers to advise in my case, to me, it is remarkable.

Dumitrascu Cristina

Best lawyer house from Israel! I couldn’t dealt with my situation without their professionalism and effectiveness. Their dedication to every legal aspect and their drive it’s how a true lawyer house can be!
Working in European market and international now, I couldn’t dare to let myself wide my wings on countries unknown to me. Definitely they’ll be the lawyers representing me, my business at every international aspect and on personal development.
When you hear Decker,Pex,Ofir &Co, you hear 10+ class services, luxurious professionals, confidentiality and exclusive attention to your needs.

Amir Abt

The best lawyer firm I’ve had dealt with. I would like to thank Anat Levi and Ariel Galili from the Jerusalem branch for all of their efforts and patience, we could not have been Able to reach to where we are now without them

Michelle Long

Josh has been helping me on and off for a few years now. I have needed legal advice and assistance with immigration due to a complex situation of mine, and he has been extremely available and responsive, honest and clear about my route and how to proceed. Very much recommended!

Shurouq Hajyassin

We were very satisfied with the consultation we had.
You were very straightforward with us , You tried to help us in every way you could . we really appreciate that.
And of course the fast reply we got from you on our emails and the appointment you gave us .
You deserve more than 5 stars????

Dongdiet & Nellie

We are very happy with the services. Somehow they managed to translate the law lingo into language we actually understand 😉 and their outstanding YouTube videos helped us to have a better grasp of what process we had to go through. Their patience, clear explanation and experience are very valuable. It's also very nice to know that you will receive response promptly; it made us feel we can really trust their services. We recommend all those looking for immigration lawyers to get in touch.

Sergei m Vashkevich

We came to Mr. Joshua with so many questions (and most of all, with so many concerns and worries) …

When we explained our case to him, first of all, he calmed us down and helped us to see the big picture, which took away our fears;

Then he presented us with a detailed explanation and a few options to explore, and a timeline, how things work and necessary steps to undertake on our part,

We thank and highly recommend Mr. Joshua for showing us so much empathy, care and professionalism (!)


We had a pleasure of working with Irena Rosenberg who assisted in getting our two U.S. born children registered in Israel and supported visa process for my wife in 2021. During the pandemic, my wife and I decided to move to Israel where I am originally from after living in the U.S. for over 20 years, but we had no idea how to go about securing visas before and after arriving in Israel. Irena is knowledgeable, reliable and competent lawyer who always had answers to all our questions which made us feel confident that everything would be fine with her assistance. We are now happily living in Israel and are so grateful to have Irena who is a genuinely nice person as our lawyer.

Gáspár Erőss

If you need to solve any complicated legal issue in Israel, don't hesitate to contact them. Otherwise you will loose hours/days/weeks with things that they can solve in minutes. They helped me to obtain my expert working visa in Israel and even after that they responded further questions and gave me advices related to administrative issues in Israel which saved me a lot of time. Irena Rosenberg and Michael Decker worked on my case, they are very professional and helpful. They will not let you down, feel free to contact them.

Stuart Safft

I am delighted to report that my wife and I have just obtained our Israeli citizenship. We will be forever grateful for all of the help, guidance and support which Ariel Galili of Decker, Pex & Co. provided through this process.
I am a Jewish, 80-year-old American, and my wife is not Jewish. We had started the process on our own back in November 2020 via the Jewish Agency and Nefesh B’Nefesh, but soon became entangled in the delays and often-changing regulations due to Covid-19. The pandemic also caused delays in obtaining the required apostilles for various documents from various state agencies and the US State Department.
We found Decker, Pex & Co. On the internet and began working with Ariel in late November 2021. Ariel did a superb job of leading us through the process, helping us to understand which documents were essential, which would most likely be required, and which, though included on the list of required documents, were rarely required. He helped us several times to understand what was likely and unlikely to occur as “the next step.” Helping us manage our expectations was extremely useful to us.
Besides his knowing the laws, regulations and procedures, Ariel also made us feel that he was truly interested in helping us to successfully work through this process in as smooth, timely, and frustration-free manner as possible.
My wife and I strongly recommend anyone planning to go through this process seriously consider hiring Decker, Pex, Ofir & Co. and, specifically, Ariel Galili.

Greg Olson

We highly recommend Adv. Mike Decker and have know him for many years. He has helped our family with many battles over the years. We recently received our permanent residency after 23 years in Israel. We so much appreciate Mike’s representation of us.

Halvor Ronning

Courteous, clear, efficient service.

Yossi Montrose

Very knowledgeable and professional

Genaan Abdelall

I cannot recommend Nechama enough! Her expertise, professionalism, and dedication to her clients is unparalleled. From the moment I reached out to her, she provided clear and concise communication, and helped me navigate through a complex legal issue with ease.

Throughout the entire process, Nechama went above and beyond to ensure that I was informed and comfortable with every decision. She demonstrated a deep knowledge of the law, and was able to offer sound advice that ultimately led to a positive outcome.

What sets Nechama apart is her compassionate and empathetic approach to her clients. She truly cares about the well-being of her clients, and it shows in the way she handles every case.

If you are in need of a lawyer, I highly recommend Nechama.

Michael Soffer

I would like to recommend Attorney Yehuda Elcharar. He assisted both me and my company in a complex lawsuit. He handled negotiations that led to a favorable outcome much quicker than expected.

I am extremely pleased with choosing Attorney Elcharar. Many thanks also to the office team, Oz and Chaya, for their assistance throughout the entire process.

Thanks again ????

Наталья Мажуга

Great lawyers Joshua Pex and Nechama and Michael Deker who really want to help you and I have very trustful relationships with them. All my cases they took they won. Thank you and let’s keep working together

Matthias Oppliger

I have been receiving services from this Law Firm for several years now and I want to say THANK YOU to the team, especially Joshua Pex. They are doing outstanding work. The services I have received for both our Israeli non profit association but also our social business have helped us solve many issues at hand and provided solutions in complicated situations. Personally, I am grateful for support in visa issues as a foreigner living now in Israel for many years.

Alexander P Gutterman

EU PASSPORT ! Big news! Thanks to Michael Decker and the other good people at the law office, as well as to the virtue of my ancestors, the cruelty of the Inquisition, reparations issued in the Iberian Peninsula, and etc, I am delighted to be on track for Portuguese and European Union Citizenship! A truly incredible development and one which brings me deep joy.

Tomer Hila Birnbach

I received a recommendation from friends about the firm, and indeed every word is correct, a service team, professional, welcoming, a fair price for the work I requested, I am satisfied

Lauma Zariņa

This is definitely the best lawyer I know!!! very honest and super helpful he really helped me a lot dealing with immigration issues in Israel and it was very successful!
I highly recommend

Priscilla Moses

competent consulting, fast processing, reliable, warm & good team. highly recommended

lynn vonne

Excellent service, very friendly and helpful, fast responding and very patient. Highly recommend. I will choose them again next time if needed.

Esty A

I had a consultation with Batya and she was very helpful. She made sure I understood all the information I needed, and was patient with me in gathering documents I needed.

Drunk driving is one of the most serious offenses that can be committed on the road, with the exception of fatal road accidents and fleeing the scene of an accident without rendering aid. There is a permissible amount of alcohol a driver may consume (detailed below), but it is important to emphasize that the mere act of driving after drinking alcohol is dangerous.

The Israeli authorities treat drunk driving with high severity since this is a situation into which the driver has voluntarily and consciously put himself. Another reason for the law’s serious treatment of drunk driving is that, according to statistics, this is the main cause of fatal road accidents in Israel.

In our firm, you will find transport law experts who can advise those who have violated these laws in one form or another, such as driving without a license or causing an accident. In this article, we expand on the components of the offense, its consequences, and how a lawyer can assist those suspected of this offense.

What Exactly is the Legal Definition of Drunk Driving?

Contrary to popular belief, a drunk person is not only someone who is overtly unable to control their behavior, nor necessarily someone who sways while walking toward their vehicle. The definition of the term is highly technical and, in fact, most drivers who are caught driving drunk are unaware they fit within this definition.

So who is actually defined as a drunk driver by law?

  • A person whose body contains an alcohol concentration higher than that determined by the Minister of Transport in consultation with the Israeli Minister of Health and with the approval of the Knesset Economic Affairs Committee, with the presumption that their body contained this concentration during the three hours prior to taking a breath, urine, or blood test – unless proven otherwise (e.g., if it can be proven that he only drank after driving and was not drunk while driving).
  • A new driver, a driver under the age of 24, or a driver of a commercial or public vehicle whose body contains a concentration of alcohol exceeding 50 micrograms per liter (according to a breath test) or 10 milligrams per 100 milliliters of blood (according to a blood test).
  • A person who is under the influence of an intoxicating drink or dangerous drug provided that a laboratory test does not show that the concentration of alcohol in his blood is lower than the allowed concentration according to the regulations set by the Minister or the allowed concentration for the types of drivers specified above.

And Now for the Interesting Part – The Punishment:

Section 39A of the Road Transport Ordinance stipulates the penalty for the offense (among other things) is the suspension of the driver’s license for a period of no less than two years. And if the driver has already been convicted of this offense in the past year, their license will be suspended for a period of no less than four years. It is important to remember that the court is empowered to order suspension for a shorter period given the circumstances of the case, hence the great importance of a quality lawyer!

How Can the Police Know If You Are Drunk?

Drunk driving

The police have a number of means and ways of revealing the degree of drunkenness of a driver or, in other words, the level of alcohol concentration in their blood. Among the means used by the police is the breathalyzer, which tests the level of alcohol in a driver’s blood and is, in fact, the main device used in the struggle against drunk driving.

There are a number of conditions that a driver is required to meet in order for the court to be able to rely on the result shown by the device. Among other things, the driver must not eat, drink, vomit, or put anything into his mouth before the test. If the driver meets these conditions, the operator of the breathalyzer will instruct him to blow into the tube of the device and check whether the amount of alcohol in his blood exceeds the allowable concentration.

A less effective but much more accurate means is the blood test, which can detect even drug residues in a person’s body. These tests are considered to be the most reliable but, due to their inefficiency and the time they require, are rarely used.

Another means used by the police is the characteristics test, a performance test used after the driver fails the breathalyzer test. As part of this test, the driver goes through a cognitive operational test that includes relatively simple physical tasks, which give police officers a general impression as to the driver’s condition.

The performance test usually consists of three tests: 1) standing with one’s eyes closed for 30 seconds to check the driver’s stability, 2) walking in a straight line, with hands at the sides of the body, in successive steps, 3) touching the nose with the fingers of the right/left hand, with the head tilted back, at the request of the police officer.

In this regard, we emphasize again that the performance test is an additional step used after the driver fails the breathalyzer test, and merely passing it successfully will not necessarily be to the driver’s advantage. In any case, it is important to cooperate with the police, since non-cooperation is frowned upon by the court.

When Can a Police Officer Require a Driver to Undergo These Tests?

If the police officer had a reasonable suspicion that the driver of the vehicle, or his supervisor (driving instructor), is drunk, the officer may require them to perform a breath test or a laboratory blood or urine test. It should be emphasized, in contrast to the breath test, which a police officer may instruct any driver to undergo, a police officer may only order a person to undergo a laboratory urine or blood test if there is a reasonable suspicion that the driver is drunk or under the influence of drugs or if the driver was involved in a car accident.

A “reasonable suspicion” can be any unusual behavior on the road, speeding or driving too slowly, swerving between lanes, and more. The term is open to broad interpretation.

Is It Possible to Refuse to Be Tested?

Obviously, no police officer will physically force a person to undergo a test. But, at the same time, in this matter, the law is on the side of the police, and refusing to be tested is a transport offense in itself, for which the punishment is not easy, imprisonment for one year or a fine of 10,000 NIS, and a disqualification from driving for a period of two years by court decision. The law practically creates a presumption of drunkenness, according to which those who refuse to be tested are actually considered drunk, even without a need for any tests to prove their physical condition.

There may, of course, be physical conditions and background illnesses that will prevent a driver from undergoing the test, such as respiratory illnesses that make it difficult to exhale a sufficient amount of air and even a severe cough. But let it be clear, from the moment the police officer indicates on the form that the driver refused to cooperate and be tested, the burden of proof of why the test was not performed is on the driver. In this case, it is of great importance to have a lawyer who specializes in the field, since such a lawyer will know how to meet the burden of proof required to acquit the client of their refusal to be tested.

Is It Possible to Refuse to Be Tested Due to COVID-19 Concerns?

At present, an increasing number of drivers are explaining to police officers that they are afraid to undergo testing due to the rising prevalence of the coronavirus. Recent court decisions show that this excuse is not particularly convincing and, hence, it should be avoided.

Can a Lawyer Be Consulted in Real-Time?

Despite the great importance of real-time lawyer advice, and although a person usually has the right to consult a lawyer when they are suspected of an offense, when suspected of drunk driving, this right is limited to a short phone call, because the delay may render the test useless.

What Should You Do If You Are Caught Driving Drunk?

Anyone caught driving drunk can perform a number of actions that will help his lawyer deal with the evidence in later stages. If caught driving drunk, look out for problematic conduct on the part of the police officers:

  1. Document the incident using your mobile phone, or give your phone to another person who is with you. This will allow the lawyer to check whether procedures were carried out correctly, including the various examinations.
  2. Write down the names of the police officers who participated in the incident and their number, the delay times, the transition between the various police officers, and the various times when tests were performed, including the performance test.
  3. Next, it is advisable to pass on all the materials collected for examination by a lawyer who specializes in the field, who will see if there are any difficulties and issues they can point to in order to assist their clients.
  • It is recommended to perform these actions without attracting attention and in full cooperation with the police. This is for two reasons: first, police officers do not like to be documented; second, if you perform the actions recommended above, this may make the officers more careful about following procedures correctly, which will make it difficult to deal with the test results later.

Drunk driving is one of the most serious offenses mentioned in the Road Transport Ordinance. In recent years, the punishments used by the courts have grown harsher. Along with criminal registration, suspension or revocation of a driver’s license, and fines, drunk driving may even result in actual imprisonment. It is therefore advisable to be legally represented from the beginning of the proceedings. Our law firm has professional lawyers who are well versed in transport law and have decades of experience.

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