Drug Possession and DUI Attorney
In Florida, a DUI motorist can be indicted for both driving inebriated (DUI) and drug possession . If you've been found to have illegal narcotics in your automobile, this added criminal charge must be fought aggressively to prevent severe punishments.
DUI and drug possession charges are commonly connected, as people are charged for being under the influence of an illegal substance and also in possession of it. However, there are routinely circumstances where people are wrongly indicted after taking the appropriate dosage of legally prescribed drugs, or because they have been unlawfully apprehended.
If this has occurred to you, you can get in touch with a Florida DUI lawyer and a lawyer that deals with narcotics possession right away to fight to have your charges brought down or costs reduced.
What Is a DUI and Drug Possession in Florida?
In Florida, a Driving Under the Influence (DUI) crime develops when a vehicle driver uses a automobile with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This means, individuals are in some cases indicted for a DUI even after not having had a alcoholic beverage, but because the police officer strongly believes they are under the influence of drugs.
Motorists 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 lawyer.
Possession of Controlled Substances
In Florida, you can face additional indictments for a DUI.
A common scenario is a drug possession charge. This offense occurs when someone is discovered in possession of a illegal or controlled narcotic for personal use only. It does not apply to anyone who creates, merchandises, delivers a narcotic - as this would be a Drug Trafficking charge.
That being said, there are also different types of narcotic ownership charges:
Actual Possession: When prohibited drugs are uncovered on you, for instance, in your hand or bag.
Constructive Possession: When illegal paraphernalia are uncovered in a place that you have authority over, for instance, your vehicle.
Joint Possession: The moment two or more individuals have shared possession of the very same banned drug.
In the event that you've been apprehended for a drug ownership indictment, you should reach out to a Florida narcotic possession lawyer.
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 detained for a DUI and narcotic possession charge, you should quickly call a Florida DUI attorney or drug possession attorney. You're confronting two charges, both of which are highly serious and can result in life-altering punishment.
This is not the time to gamble or delay. Heading to court and facing a future with a criminal record can significantly impact your quality of life.
What Defenses Are There to DUI and Narcotic Possession Accusations in Florida?
There are various defenses to DUIs and narcotic possession charges in Florida that a DUI attorney will go to to help reduce unnecessary penalties, prison time, motor vehicle license dismissal and a criminal history.
Defense methods include:
Illegal Search and Confiscation
If your Fourth Amendment legal rights were violated through an illicit search, your case might be dropped completely, even if drugs were found. The authorities must have a justifiable reason to stop and search your automobile.
Lack of Knowledge
A drug possession charge in Florida could be dismissed if you can prove that you didn't know the paraphernalia was there.
For instance, some defendants can prove that they recently loaned their car to a pal, or that they were giving other passengers a ride. This approach may make it very difficult for the State to justify you knew the drugs were in the automobile, so the drug possession accusation can be dismissed.
This is usual in cases where the narcotic amount is so little that it is reasonable that the driver had no clue the drug was in their automobile.
You Were Utilizing Legal Prescription Drugs
Sometimes police officers believe drivers are under the influence and see medication in the car and jump to conclusions.
In case you've been arrested for doing a legal amount of prescription drugs, you shouldn't encounter a narcotic possession accusation. In the case that this has happened, you should contact a Florida DUI attorney and narcotic possession lawyer as soon as possible.
In the event that the police officer has seized your prescription medicine, a criminal defense attorney can call the prosecutor to complete a laboratory result on the substance to prove it was entirely lawful to own.
For instance, a man was arrested for the weight-loss supplements in his vehicle. The officer saw the white powder, ran test on it and stated that it was amphetamine.
His DUI attorney and drug possession attorney promptly called the prosecutor before the lab results came back and requested that they wait. Once the lab result came back, it verified that the compound was completely justified. Had the DUI attorney and drug possession attorney not called, then their client would have went to court on narcotic ownership accusations.
What Will Occur to My Driver's License?
A Driver's license is commonly the primary concern in a Florida DUI case. You must register a DUI hearing with the DMV within the duration of 10 days of your arrest. If you do not, your license dismissal will be decided.
A DUI hearing will not settle whether you're guilty of a DUI charge, but it will determine what occurs to your license in the meantime.
It's critical that you reach out to a criminal defense lawyer immediately to :safeguard your license.
In the case that you are found guilty for a DUI and drug possession charge in Florida, you could also face:
- A terminated Driver's license
- A temporary suspension of your Driver's license
- A postponement in eligibility to acquire a Motor Vehicle license
DUI and Narcotic Possession Penalties in Florida
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 motor vehicle from turning on if alcohol is present on the motorist's breath.
Second and Third Time DUI Offenders:
If a second conviction occurs 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 fine.
- License removal for up to 5 years.
Here are some routine Florida drug possession indictments as defined by Florida Statutes:.
Marijuana: Possessing up to 20 grams of marijuana might result in a max sentence of five years in the penitentiary.
Cocaine: Having up to 28 grams could lead to a maximum of five years in the penal institution..
Ecstasy: Possessing up to 10 grams of Ecstasy may result in a max sentence of five years in the penitentiary.
Methamphetamine: Possession of meth is a third-degree penalty, with a maximum penalty of up to five years in state prison.
Reach Out to a Florida DUI Attorney and Drug Possession Attorney
If you have been apprehended for DUI and drug possession offense, then our Florida DUI lawyer and drug possession attorney can help. 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