Choosing a Narcotics Possession or DUI Attorney
In Florida, a DUI vehicle driver could be charged for both driving inebriated (DUI) and drug possession . If you've been discovered to have illegal drugs in your vehicle, this supplementary indictment must be fought strongly to avoid serious punishments.
DUI and drug possession charges are commonly connected, as men and women are charged for being under the influence of an illegal substance and also in ownership of it. Having said that, there are often scenarios where men and women are wrongly charged after taking the proper dosage of legally prescribed narcotics, or because they have been unlawfully arrested.
If this has happened to you, you can speak to a Florida Lawyer that practices in DUI and a narcotics possession attorney right away to fight to have your indictments dropped or penalties reduced.
What Is a DUI and Drug Possession Charge in Florida?
DUI
In Florida, a Driving Under the Influence (DUI) crime takes place when a vehicle driver uses a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This signifies, people are in some cases indicted for a DUI despite not having had a alcoholic beverage, but because the policeman believes they are under the influence of narcotics.
Motorists 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 reach out to a Florida DUI lawyer.
Possession of Controlled Substances
In Florida, you can face additional charges for a DUI.
A common scenario is a drug possession charge. This violation happens when someone is found in possession of a illegal or controlled narcotic for individual use only. It does not apply to anyone who manufactures, sells, delivers a narcotic - as this would be a Drug Trafficking charge.
However, there are also various types of drug possession charges:
Actual Possession: When banned paraphernalia are identified on you, such as in your hand or bag.
Constructive Possession: When illegal substances are identified in a location that you have authority over, for example, your motor vehicle.
Joint Possession: When two or more men and women have shared control of the very same banned drug.
In case you've been arrested for a narcotic possession charge, you should contact a Florida narcotic possession lawyer.
What to Do In the Case That You've Been Arrested for a DUI and Drug Ownership?
Consult With a Criminal Defense Attorney
If you've been detained for a DUI and drug possession indictment, you should promptly contact a Florida DUI attorney or drug possession lawyer. You're being confronted by two indictments, both of which are incredibly severe and can end up in life-changing consequences.
This is not the moment to risk or stall. Being brought court and encountering a future with a criminal record can substantially impact your livelihood.
What Defenses Are There to DUI and Narcotic Possession Charges in Florida?
There are a variety of defenses to DUIs and narcotic possession indictments in Florida that a DUI attorney will turn to to help reduce unnecessary penalties, prison time, motor vehicle license removal and a criminal reputation.
Defense tactics include:
Unlawful Search and Confiscation
In case your Fourth Amendment rights were disobeyed through an illicit examination, your case may be dismissed altogether, even in the case that paraphernalia were found. The policeman must have a justifiable cause to stop and examine your motor vehicle.
Absence of Knowledge
A drug possession accusation in Florida can be dropped if you can demonstrate that you didn't know the drug was there.
For example, some defendants can prove that they recently gave their automobile to a good friend, or that they were giving other people a ride. This method can make it very hard for the State to prove you knew the narcotics were in the vehicle, so the narcotic possession charge can be dismissed.
This is often in cases where the narcotic quantity is so tiny that it is conceivable that the motorist had no clue the narcotic was in their motor vehicle.
You Were Taking Valid Prescription Drugs
Sometimes police officers conclude that drivers are under the influence and see medication in the car and jump to their own assumptions.
In the case that you've been arrested for doing a lawful amount of prescription drugs, you shouldn't face a drug ownership charge. In the case that this has happened, you should reach a Florida DUI attorney and narcotic possession attorney immediately.
In case the policeman has confiscated your medication, a criminal defense attorney can call the prosecutor to complete a laboratory result on the drug to prove it was completely valid to have.
For example, a man was detained for the weight-loss supplements in his automobile. The officer saw the white powder, ran test on it and determined it was amphetamine.
His DUI lawyer and drug possession attorney immediately reached out to the prosecutor before the laboratory results came back and requested that they wait. Once the laboratory result were complete, it verified that the drug was totally justified. Had the DUI attorney and drug possession lawyer not called, then their client would have went the courtroom on drug ownership accusations.
What Might Occur to My Driver's License?
A Driver's license is routinely the first 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 do not, your license cancellation will be decided.
A DUI hearing will not decide whether you're at fault of a DUI charge, but it will determine what happens to your license in the interim.
It's critical that you speak to a criminal defense lawyer immediately to :safeguard your license.
In the case that you are convicted for a DUI and narcotic possession charge in Florida, you could also face:
- A revoked Driver's license
- A suspended Driver's license
- A postponement in eligibility to obtain a Motor Vehicle license
DUI and Narcotic Possession Penalties in Florida
DUI Penalties
First-time DUI Offenders:
- A maximum of 6-9 months in jail
- License ban of up to one year
- A mandatory interlock ignition device for BAC above 0.15%, which stops the automobile from turning on if alcohol is found on the motorist's breath.
Second and Third Time DUI Offenders:
If a second conviction happens within 5 years of your first, or a third within 10 years of your 2nd, then penalties include:
- Up to 1 year in the penitentiary.
- $ 5,000 fee.
- License suspension for up to 5 years.
Drug Possession
Here are some typical Florida drug possession indictments as defined by Florida Statutes:.
Marijuana: Owning up to 20 grams of marijuana might result in a maximum of five years in the penal institution.
Cocaine: Possessing up to 28 grams might result in a maximum of five years in the penitentiary..
Ecstasy: Owning up to 10 grams of Ecstasy may result in a max sentence of five years in the penal institution.
Methamphetamine: Possession of meth is a third-degree penalty, with a max sentence penalty of up to five years in state prison.
Call a Florida DUI Lawyer and Narcotic Possession Lawyer
In the event that you have been detained for DUI and narcotic possession offense, then our Florida DUI attorney and drug possession lawyer can help. 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