Florida Drug Possession and DUI Lawyer

In Florida, a DUI vehicle driver might be indicted for both driving a vehicle inebriated (DUI) and possession of illegal substances . If you've been discovered to have controlled substances in your vehicle, this supplementary criminal charge must be combated strongly to avoid severe consequences.

DUI and narcotic possession indictment are often connected, as men and women are charged for being under the influence of an illegal substance and also in possession of it. Having said that, there are routinely cases where people are erroneously indicted after taking the appropriate dosage of legally prescribed narcotics, or because they have been unlawfully arrested.

If this has transpired to you, you can consult a Florida Attorney that handles DUI and a lawyer that practices in narcotics possession right away to fight to have your charges brought down or costs reduced.

What Is a DUI and Narcotic Possession Charge in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) crime takes place when a motorist handles a automobile with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This implies, people are in some cases indicted for a DUI despite not having had a drink, but because the police officer feels that they are under the influence of drugs.

Drivers under the age of 21 are considered DUI if they are discovered with a BAC of 0.02% or more.

If you've been arrested for a DUI, you should call a Florida DUI attorney.

Possession of Drugs

In Florida, you can deal with additional charges for a DUI.

A commonplace situation is a drug possession charge. This charge develops when someone is discovered in ownership of a illegal or controlled narcotic for self use only. It does not regard anyone who fabricates, merchandises, distributes a drug - as this would be a Drug Trafficking charge.

However, there are also various types of drug possession charges:

Actual Possession: Whenever prohibited substances are uncovered on you, for example, in your hand or wallet.

Constructive Possession: When forbidden substances are found in a location that you have control over, for instance, your car.

Joint Possession: The moment two or more men and women have shared ownership of the same unlawful substance.

In the case that you've been detained for a drug possession indictment, you should call a Florida narcotic possession attorney.

What to Do In the Case That You've Been Detained for a DUI and Narcotic Ownership?

Consult With a Criminal Defense Attorney

In case you've been apprehended for a DUI and narcotic possession indictment, you should immediately consult a Florida DUI lawyer or narcotic possession lawyer. You're facing two indictments, both of which are highly serious and can result in life-altering consequences.

This is not the moment to risk or hesitate. Being brought court and encountering a future with a criminal record can seriously have an effect on your life.

What Defenses Are There to DUI and Narcotic Possession Indictments in Florida?

There are many defenses to DUIs and drug ownership charges in Florida that a DUI attorney will look to to help evade expensive fines, prison time, motor vehicle license dismissal and a criminal history.

Defense strategies include:

Illicit Search and Confiscation

In case your Fourth Amendment rights were ignored through an illegal search, your case might be dismissed altogether, even when drugs were identified. The police must have a realistic reason to halt and examine your vehicle.

Inadequacy of Knowledge

A narcotic possession charge in Florida can be dismissed if you can show that you didn't know the paraphernalia was there.

For instance, some defendants can demonstrate that they recently gave their car to a pal, 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 drug possession charge can be dismissed.

This is often in cases where the narcotic quantity is so insignificant that it is believable that the vehicle driver had no clue the substance was in their car.

You Were Using Lawful Prescription Drugs

At times policemen think that motorists are intoxicated and see medication in the car and jump to conclusions.

In case you've been detained for doing a lawful amount of prescription drugs, you shouldn't encounter a narcotic ownership charge. In the case that this has taken place to you, you should reach out to a Florida DUI attorney and narcotic possession lawyer immediately.

In case the police officer has seized your medication, a criminal defense attorney can contact the prosecutor to run a laboratory result on the compound to show it was wholly legal to own.

For instance, a man was arrested for the weight-loss supplements in his automobile. The police saw the white powder, tested it and said it was amphetamine.

His DUI lawyer and narcotic possession lawyer 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 completely legal. Had the DUI attorney and drug possession attorney not given the call, then their client would have went the courtroom on drug ownership charges.

What Will Occur to My Motor Vehicle License?

A Motor Vehicle license is often the top worry in a Florida DUI case. You must apply for a DUI hearing with the DMV within the duration of 10 days of your arrest. If you don't, your license suspension will be maintained.

A DUI hearing will not determine whether you're liable of a DUI indictment, but it will establish what takes place to your license in the meantime.

It's necessary that you speak to a criminal defense lawyer as soon as possible to :secure your license.

In the event that you are convicted for a DUI and drug possession indictment in Florida, you could also face:

• A terminated Driver's license
• A temporary suspension of your Motor Vehicle license
• A hold in eligibility to acquire a Motor Vehicle license

DUI and Drug 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 required interlock ignition device for BAC above 0.15%, which prevents the automobile from starting if alcohol is found on the driver's breath.

Second and Third Time DUI Offenders:

In the case that 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 fine.
• License suspension for up to 5 years.

Narcotic Possession

Here are some prevalent Florida drug possession charges as defined by Florida Statutes:.

Marijuana: Having up to 20 grams of marijuana could lead to a max sentence of five years in prison.

Cocaine: Having up to 28 grams may result in a maximum of five years in the penitentiary..

Ecstasy: Possessing up to 10 grams of Ecstasy may result in a max sentence of five years in prison.

Methamphetamine: Possession of meth is a third-degree penalty, with a maximum penalty of up to five years in state prison.

Contact a Florida DUI Lawyer and Drug Possession Lawyer

In case you've been arrested for DUI and narcotic possession offense, then our Florida DUI attorney and drug possession lawyer can assist. They can fight to get your indictments dismissed or brought down 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