DUI and Narcotics Possession Attorney
In Florida, a DUI vehicle driver can be reprehended for both driving a vehicle inebriated (DUI) and narcotic possession . If you've been determined to have illegal narcotics in your vehicle, this added indictment must be fought strongly to prevent serious penalties.
DUI and drug possession charges are usually linked, as individuals are charged for being under the influence of an illegal drug and also in possession of it. Yet still, there are commonly cases where people are incorrectly charged after taking the exact dosage of lawfully prescribed drugs, or because they have been unlawfully arrested.
If this has transpired to you, you can consult with a Florida Attorney that deals with DUI and a narcotics possession attorney right away to fight to have your indictments brought down or costs reduced.
What Is a DUI and Drug Possession Charge in Florida?
DUI
In Florida, a Driving Under the Influence (DUI) violation occurs when a motorist handles a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This implies, people are in some cases charged for a DUI even after not having had a alcoholic beverage, but because the police officer assumes they are under the influence of narcotics.
Drivers under the age of 21 are determined 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 lawyer.
Possession of Drugs
In Florida, you can deal with additional charges for a DUI.
A common situation is a narcotic possession charge. This crime takes place when someone is found in ownership of a controlled or illegal narcotic for personal use only. It does not regard anyone who fabricates, supplies, circulates a controlled substance - as this would be a Drug Trafficking charge.
Nevertheless, there are also different types of narcotic possession charges:
Actual Possession: The moment forbidden drugs are found on you, such as in your hand or wallet.
Constructive Possession: When illegal drugs are uncovered in a location that you have domain over, which includes your motor vehicle.
Joint Possession: Whenever two or more people have shared control of the same banned paraphernalia.
In the event that you've been apprehended for a narcotic ownership charge, you should speak with a Florida drug possession lawyer.
What to Do If You've Been Detained for a DUI and Narcotic Possession?
Consult a Criminal Defense Attorney
In case you've been apprehended for a DUI and narcotic possession charge, you need to immediately reach out to a Florida DUI lawyer or drug possession attorney. You're being confronted by two indictments, both of which are incredibly severe and can end up in life-changing punishment.
This is not the time to gamble or procrastinate. Heading to court and facing a future with a rap sheet can seriously impact your life.
What Defenses Are There to DUI and Drug Possession Indictments in Florida?
There are various defenses to DUIs and narcotic possession indictments in Florida that a DUI attorney will go to to help evade pricey penalties, prison time, motor vehicle license revocation and a criminal history.
Defense methods include:
Illegal Search and Seizure
In case your Fourth Amendment civil rights were infringed through an illicit search, your case may be dropped completely, even when paraphernalia were uncovered. The authorities must have a valid reason to halt and search your automobile.
Lack of Knowledge
A drug possession charge in Florida could be dropped if you can demonstrate that you didn't know the substance was there.
For example, some defendants can demonstrate that they recently loaned their car to a friend, or that they were giving other passengers a lift. This method could make it very challenging for the State to justify you knew the narcotics were in the automobile, so the narcotic possession accusation can be dismissed.
This is common in cases where the narcotic quantity is so insignificant that it is believable that the motorist had no idea the narcotic was in their car.
You Were Taking Lawful Prescription Drugs
Sometimes officers believe vehicle drivers are intoxicated and see medication in the automobile and rush to their own assumptions.
In case you've been apprehended for using a lawful dose of prescription drugs, you shouldn't face a narcotic possession indictment. If this has happened, you should reach out to a Florida DUI lawyer and narcotic possession attorney immediately.
In the event that the policeman has seized your medication, a criminal defense attorney can call the prosecutor to run a lab result on the substance to prove it was totally valid to possess.
For example, a man was apprehended for the weight-loss supplements in his motor vehicle. The police saw the white powder, ran test on it and determined it was amphetamine.
His DUI attorney and drug possession lawyer promptly reached out to the prosecutor before the lab outcome came back and demanded that they wait. Once the lab result came back, it verified that the substance was completely legal. Had the DUI attorney and drug possession attorney not given the call, then their client would have been taken the courthouse on narcotic possession charges.
What Might Transpire to My Driver's License?
A Driver's license is commonly the first worry in a Florida DUI case. You must apply for a DUI hearing with the DMV within 10 days of your arrest. If you don't, your license cancellation will be decided.
A DUI hearing will not decide whether you are guilty of a DUI indictment, but it will decide what occurs to your license in the interim.
It's very important that you call a criminal defense lawyer right away to :secure your license.
In the event that you are found guilty for a DUI and drug possession indictment in Florida, you could also face:
- A completely terminated Driver's license
- A temporary suspension of your Driver's license
- A hold in eligibility to receive 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 suspension of up to one year
- A cumpolsary interlock ignition device for BAC above 0.15%, which restrains 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 transpires 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.
Drug Possession
Here are some routine 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 might result in a max sentence of five years in prison..
Ecstasy: Possessing up to 10 grams of Ecstasy may result in a maximum 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.
Contact a Florida DUI Attorney and Drug Possession Attorney
In the event that you've been arrested for DUI and narcotic possession offense, then our Florida DUI lawyer and drug possession attorney can help. They can fight to get your charges dismissed or reduced 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