Choosing a DUI or Drug Possession Attorney

In Florida, a DUI driver can be reprehended for both operating a vehicle inebriated (DUI) and narcotic possession . If you've been discovered to have illegal drugs in your automobile, this supplementary criminal charge must be dealt with aggressively to prevent severe consequences.

DUI and narcotic possession charges are commonly connected, as individuals are charged for being under the influence of an illegal substance and also in possession of it. Yet still, there are commonly circumstances where people are mistakenly indicted after taking the correct dosage of legally prescribed narcotics, or because they have been unlawfully detained.

If this has happened to you, you can speak with a Florida Attorney that handles DUI and a narcotics possession attorney immediately to fight to have your charges dropped or penalties reduced.

What Is a DUI and Drug Possession Charge in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) crime happens when a motorist uses a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This signifies, individuals are sometimes charged for a DUI despite the presence of not having had a alcoholic beverage, but because the police officer believes they are under the influence of drugs.

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

If you've been arrested for a DUI, you should reach out to a Florida DUI lawyer.

Possession of Drugs

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

A typical situation is a narcotic possession charge. This transgression transpires when someone is discovered in ownership of a illegal or controlled narcotic for individual use only. It does not apply to anyone who manufactures, sells, distributes a narcotic - as this would be a Drug Trafficking charge.

That being said, there are also a wide range of types of narcotic possession charges:

Actual Possession: When forbidden paraphernalia are uncovered on you, for example, in your hand or bag.

Constructive Possession: When illegal substances are identified in a place that you have control over, for instance, your vehicle.

Joint Possession: The moment two or more people have shared possession of the same forbidden paraphernalia.

In case you've been arrested for a narcotic possession criminal charge, you should talk to a Florida drug possession lawyer.

What to Do In Case You've Been Arrested for a DUI and Drug Ownership?

Call a Criminal Defense Lawyer

Assuming that you've been arrested for a DUI and narcotic possession indictment, you should promptly consult a Florida DUI attorney or drug possession lawyer. You're confronting two charges, both of which are extremely severe and can lead to in life-altering penalties.

This is not the moment to risk or stall. Heading to a court of law and facing a future with a criminal record can significantly affect your life.

What Defenses Are There to DUI and Narcotic Ownership Accusations in Florida?

There are many defenses to DUIs and drug ownership accusations in Florida that a DUI attorney will depend on to help avert unnecessary fines, prison time, motor vehicle license removal and a criminal history.

Defense tactics involve:

Wrongful Search and Confiscation

Assuming that your Fourth Amendment civil rights were transgressed through an illegal search, your case can be dismissed completely, even in the scenario that paraphernalia were found. The policeman must have a valid cause to halt and search your vehicle.

Lack of Knowledge

A drug ownership indictment in Florida may be dismissed if you can demonstrate that you didn't know the drug was there.

For instance, some defendants can show that they recently lent their automobile to a friend, or that they were giving other passengers a lift. This approach can make it very challenging for the State to demonstrate you knew the narcotics were in the automobile, so the narcotic possession indictment can be dismissed.

This is usual in cases where the drug amount is so insignificant that it is conceivable that the motorist had no idea the substance was in their motor vehicle.

You Were Taking Valid Prescription Medicine

Sometimes officers think that vehicle drivers are intoxicated and see medication in the car and rush to conclusions.

In case you've been detained for doing a adequate dose of prescription medicine, you should not face a drug possession charge. In the case that this has occurred, you should contact a Florida DUI attorney and narcotic possession lawyer as soon as possible.

In case the policeman has confiscated your prescription medicine, a criminal defense attorney can contact the prosecutor to complete a lab result on the drug to demonstrate that it was completely lawful to own.

For instance, a man was apprehended for the weight-loss supplements in his motor vehicle. The police saw the white powder, tested it and stated that it was amphetamine.

His DUI lawyer and narcotic possession lawyer immediately contacted the prosecutor before the laboratory results came back and requested that they wait. Once the lab result came back, it verified that the compound was entirely lawful. Had the DUI lawyer and drug possession attorney not given the call, then their client would have went the courtroom on narcotic ownership charges.

What Might Occur to My Driver's License?

A Motor Vehicle 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 the duration of 10 days of your arrest. If you do not, your license cancellation will be maintained.

A DUI hearing will not decide whether you're at fault of a DUI charge, but it will decide what happens to your license in the interim.

It's very important that you call a criminal defense attorney as soon as possible to :protect your license.

In case you are sentenced for a DUI and drug possession indictment in Florida, you could also face:

• A revoked Motor Vehicle license
• A suspended Motor Vehicle license
• A hold in eligibility to obtain a Driver's 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 mandatory interlock ignition device for BAC above 0.15%, which stops the vehicle from turning on if alcohol is present 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 penalties include:

• Up to 1 year in the penitentiary.
• $ 5,000 fine.
• License removal for up to 5 years.

Narcotic Possession

Here are some common Florida narcotic possession charges as defined by Florida Statutes:.

Marijuana: Having up to 20 grams of marijuana could lead to a maximum of five years in the penitentiary.

Cocaine: Possessing up to 28 grams may result in a max sentence of five years in prison..

Ecstasy: Possessing up to 10 grams of Ecstasy may result in a max sentence 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 Attorney and Narcotic Possession Attorney

In case you've been detained for DUI and drug possession transgression, then our Florida DUI attorney and narcotic possession attorney 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