Choosing a Drug Possession or DUI Attorney
In Florida, a DUI vehicle driver can be reprehended for both driving a vehicle intoxicated (DUI) and possession of illegal substances . If you've been discovered to have controlled substances in your motor vehicle, this added indictment must be fought aggressively to avoid severe consequences.
DUI and drug possession indictment are commonly connected, as men and women are charged for being under the influence of an illegal substance and also in ownership of it. Yet still, there are commonly cases where men and women are incorrectly charged after taking the correct dosage of lawfully prescribed narcotics, or because they have been unlawfully apprehended.
If this has taken place to you, you can consult 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 Narcotic Possession in Florida?
DUI
In Florida, a Driving Under the Influence (DUI) transgression transpires when a vehicle driver uses a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This indicates, men and women are occasionally indicted for a DUI despite not having had a alcoholic beverage, but because the policeman feels that they are under the influence of narcotics.
Vehicle drivers below the age of 21 are determined DUI if they are found with a BAC of 0.02% or more.
If you've been arrested for a DUI, you should consult a Florida DUI attorney.
Possession of Controlled Substances
In Florida, you can encounter additional criminal charges for a DUI.
A typical example is a narcotic possession charge. This violation develops when someone is discovered in ownership of a illegal or controlled substance for personal use only. It does not regard anyone who manufactures, merchandises, disperses a drug - as this would be a Drug Trafficking charge.
Nevertheless, there are also a wide range of types of narcotic ownership charges:
Actual Possession: The minute unlawful drugs are uncovered on you, such as in your hand or wallet.
Constructive Possession: When illegal paraphernalia are discovered in a area that you have domain over, such as your motor vehicle.
Joint Possession: When two or more people have shared ownership of the very same prohibited substance.
In case you've been detained for a drug possession indictment, you should call a Florida narcotic possession lawyer.
What to Do In the Event That You've Been Detained for a DUI and Narcotic Ownership?
Consult a Criminal Defense Lawyer
In case you've been apprehended for a DUI and narcotic possession indictment, you should promptly talk to a Florida DUI lawyer or drug possession lawyer. You're confronting two indictments, both of which are incredibly severe and can end up in life-changing consequences.
This is not the moment to gamble or stall. Going to court and facing a future with a rap sheet can seriously impact your existence.
What Defenses Are There to DUI and Narcotic Ownership Indictments in Florida?
There are a variety of defenses to DUIs and drug ownership indictments in Florida that a DUI lawyer will depend on to help reduce unnecessary fines, prison time, driver’s license dismissal and a criminal history.
Defense tactics comprise of:
Illegal Search and Seizure
In case your Fourth Amendment rights were disobeyed by an illicit investigation, your case may be dismissed entirely, even in the case that paraphernalia were discovered. The authorities must have a justifiable cause to stop and search your automobile.
Inadequacy of Knowledge
A drug possession accusation in Florida could be dropped if you can prove that you didn't know the drug was there.
For example, some defendants can prove that they recently loaned their car to a good friend, or that they were giving other passengers a ride. This tactic can make it very challenging for the authorities to prove you knew the narcotics were in the motor vehicle, so the narcotic possession accusation can be dismissed.
This is often in cases where the drug quantity is so small that it is conceivable that the driver had no clue the narcotic was in their vehicle.
You Were Utilizing Lawful Prescription Medicine
At times police officers believe vehicle drivers are under the influence and see medication in the car and jump to their own assumptions.
If you have been arrested for using a proper amount of prescription drugs, you shouldn't encounter a narcotic ownership indictment. If this has happened, you should contact a Florida DUI attorney and drug possession attorney as soon as possible.
In the case that the officer has confiscated your medication, a criminal defense lawyer can contact the prosecutor to run a lab result on the substance to show it was wholly lawful to possess.
For example, a man was arrested for the diet supplements in his automobile. The police saw the white powder, tested it and stated that it was amphetamine.
His DUI attorney and narcotic possession attorney immediately reached out to the prosecutor before the laboratory outcome came back and asked that they wait. Once the laboratory result returned, it confirmed the drug was wholly legitimate. Had the DUI lawyer and drug possession attorney not called, then their client would have went the courthouse on drug possession accusations.
What Will Take Place to My Driver's License?
A Driver's license is commonly the first worry in a Florida DUI case. You must register a DUI hearing with the DMV within 10 days of your arrest. If you do not, your license dismissal will be maintained.
A DUI hearing will not decide whether you're at fault of a DUI indictment, but it will decide what happens to your license in the interim.
It's critical that you call a criminal defense lawyer right away to :secure your license.
In the event that you are convicted for a DUI and drug possession charge in Florida, you could also face:
- A removed Motor Vehicle license
- A temporary suspension of your Motor Vehicle license
- A hold in eligibility to acquire a Motor Vehicle license
DUI and Narcotic Possession Penalties in Florida
DUI Penalties
First-time DUI Offenders:
- A max of 6-9 months in jail
- License ban of up to one year
- A required interlock ignition device for BAC above 0.15%, which restrains the vehicle from starting if alcohol is detected on the driver's breath.
Second and Third Time DUI Offenders:
In case a second conviction takes place 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 drug possession charges as defined by Florida Statutes:.
Marijuana: Owning up to 20 grams of marijuana might result in a max sentence of five years in the penitentiary.
Cocaine: Possessing up to 28 grams might result in a max sentence of five years in the penal institution..
Ecstasy: Possessing up to 10 grams of Ecstasy could lead to a maximum of five years in the penal institution.
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 Lawyer and Narcotic Possession Lawyer
If you have been detained for DUI and drug possession charge, then our Florida DUI attorney and drug possession lawyer can help. They can fight to get your charges removed or brought down to a lesser 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