Florida DUI and Narcotics Possession Attorney
In Florida, a DUI vehicle driver might be reprehended for both operating a vehicle intoxicated (DUI) and possession of illegal substances . If you’ve been discovered to have illegal narcotics in your vehicle, this supplementary criminal charge must be dealt with aggressively to evade severe penalties.
DUI and drug possession charges are frequently intertwined, as people are charged for being under the influence of an illegal drug and also in possession of it. Yet still, there are often scenarios where people are incorrectly indicted after taking the proper dosage of legally prescribed narcotics, or because they have been unlawfully arrested.
If this has occurred to you, you can call a Florida Lawyer that handles DUI and a drug possession attorney right away to fight to have your indictments dropped or costs reduced.
What Is a DUI and Drug Possession Charge in Florida?
DUI
In Florida, a Driving Under the Influence (DUI) offense takes place when a driver handles a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while ‘under the influence’. This signifies, men and women are occasionally charged for a DUI irrespective of not having had a alcoholic beverage, but because the policeman believes they are under the influence of narcotics.
Drivers below the age of 21 are considered DUI if they are found with a BAC of 0.02% or more.
If you’ve been detained for a DUI, you should consult with a Florida DUI attorney.
Possession of Controlled Substances
In Florida, you can deal with additional criminal charges for a DUI.
A typical scenario is a narcotic possession charge. This transgression happens when someone is discovered in possession of a illegal or controlled substance for self use only. It does not apply to anyone who manufactures, supplies, delivers a drug – as this would be a Drug Trafficking charge.
Nevertheless, there are also various types of narcotic ownership charges:
Actual Possession: The moment prohibited substances are found on you, for instance, in your hand or wallet.
Constructive Possession: When prohibited drugs are uncovered in a place that you have domain over, for example, your motor vehicle.
Joint Possession: When two or more individuals have shared control of the same unlawful paraphernalia.
In the event that you’ve been apprehended for a drug ownership indictment, you should contact a Florida drug possession lawyer.
What to Do In Case You’ve Been Detained for a DUI and Drug Ownership?
Contact a Criminal Defense Lawyer
In case you’ve been detained for a DUI and drug possession charge, you should promptly contact a Florida DUI lawyer or narcotic possession lawyer. You’re going up against two charges, both of which are incredibly severe and can end up in life-changing punishment.
This is not the time to gamble or hesitate. Heading to a court of law and encountering a future with a rap sheet can significantly have an effect on your quality of life.
What Defenses Are There to DUI and Drug Possession Charges in Florida?
There are a range of defenses to DUIs and drug ownership accusations in Florida that a DUI lawyer will depend on to help avoid pricey fines, jail time, driver’s license dismissal and criminal records.
Defense strategies include:
Wrongful Search and Seizure
In case your Fourth Amendment rights were ignored by an illicit examination, your case might be dismissed altogether, even if narcotics were found. The officers must have a valid cause to stop and investigate your vehicle.
Absence of Knowledge
A narcotic ownership accusation in Florida could be dismissed if you can show that you didn’t know the substance was there.
For example, some defendants can demonstrate that they recently gave their car to a pal, or that they were giving other people a ride. This method can make it very hard for the State to justify you knew the drugs were in the car, so the drug possession accusation can be removed.
This is often in cases where the narcotic quantity is so insignificant that it is believable that the motorist had no clue the drug was in their car.
You Were Taking Legal Prescription Drugs
Sometimes police officers conclude that motorists are under the influence and see medication in the automobile and rush to their own assumptions.
In case you have been detained for using a legal amount of prescription drugs, you shouldn’t encounter a narcotic ownership accusation. In the case that this has occurred, you should reach a Florida DUI attorney and drug possession attorney as soon as you can.
If the policeman has confiscated your medication, a criminal defense attorney can call the prosecutor to complete a lab result on the substance to show it was wholly legal to own.
For example, a man was apprehended for the exercise supplements in his motor vehicle. The police saw the white powder, tested it and stated that it was amphetamine.
His DUI lawyer and narcotic possession lawyer called the prosecutor before the laboratory results came back and requested that they wait. Once the laboratory result were complete, it confirmed the substance was totally legal. Had the DUI lawyer and drug possession lawyer not given the call, then their client would have went the courtroom on drug possession charges.
What Might Take Place to My Driver’s License?
A Driver’s license is usually the primary interest in a Florida DUI case. You must apply for a DUI hearing with the Department of Motor Vehicles within 10 days of your arrest. If you don’t, your license dismissal will be decided.
A DUI hearing will not decide whether you are at fault of a DUI charge, but it will establish what occurs to your license in the interim.
It’s necessary that you call a criminal defense attorney as soon as possible to :secure your license.
In the case that you are found guilty for a DUI and narcotic possession indictment in Florida, you could also face:
- A terminated Driver’s license
- A temporary suspension of your Driver’s license
- A postponement in eligibility to obtain a Driver’s license
DUI and Drug Possession Penalties in Florida
DUI Penalties
First-time DUI Offenders:
- A max of 6-9 months incarceration
- License suspension of up to one year
- A mandatory interlock ignition device for BAC above 0.15%, which prevents the motor vehicle from turning on if alcohol is found on the driver’s breath.
Second and Third Time DUI Offenders:
In the event that a second conviction develops within 5 years of your first, or a third within 10 years of your 2nd, then punishment include:
- Up to 1 year in jail.
- $ 5,000 fee.
- License suspension for up to 5 years.
Drug Possession
Here are some common Florida narcotic possession indictments as defined by Florida Statutes:.
Marijuana: Owning up to 20 grams of marijuana may result in a maximum of five years in prison.
Cocaine: Owning up to 28 grams may result in a maximum of five years in prison..
Ecstasy: Owning up to 10 grams of Ecstasy might result in a max sentence of five years in the penitentiary.
Methamphetamine: Ownership of meth is a third-degree penalty, with a max sentence penalty of up to five years in state prison.
Contact a Florida DUI Attorney and Narcotic Possession Lawyer
In the event that you’ve been apprehended for DUI and drug possession transgression, then our Florida DUI attorney and narcotic possession attorney can assist. They can fight to get your indictments dropped or reduced to a minor charge, such as reckless driving.
St Petersburg Criminal Defense Attorney
5858 Central Ave suite c
St. Petersburg, FL 33707
(727) 381-2300
www.727defense.com