DUI and Narcotics Possession Attorney

In Florida, a DUI vehicle driver might be charged for both operating a vehicle intoxicated (DUI) and drug possession . If you've been discovered to have controlled substances in your motor vehicle, this added charge must be fought strongly to prevent serious consequences.

DUI and narcotic possession indictment are often linked, as people are charged for being under the influence of an illegal substance and also in ownership of it. Nevertheless, there are routinely scenarios where men and women are incorrectly indicted after taking the appropriate dosage of lawfully prescribed drugs, or because they have been unlawfully detained.

If this has taken place to you, you can get in touch with a Florida Attorney that handles DUI and a drug possession attorney right away to fight to have your indictments dropped or penalties reduced.

What Is a DUI and Narcotic Possession Charge in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) violation takes place when a vehicle driver handles a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This indicates, individuals are in certain cases indicted for a DUI despite the presence of not having had a drink, but because the policeman believes they are under the influence of drugs.

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

If you've been apprehended for a DUI, you should consult a Florida DUI attorney.

Possession of Controlled Substances

In Florida, you can go up against additional charges for a DUI.

A common situation is a narcotic possession charge. This crime happens when someone is identified in ownership of a illegal or controlled narcotic for self use only. It does not apply to anyone who fabricates, sells, disperses a narcotic - as this would be a Drug Trafficking charge.

Even so, there are also a wide range of types of narcotic ownership charges:

Actual Possession: The minute prohibited paraphernalia are found on you, for instance, in your hand or wallet.

Constructive Possession: When forbidden drugs are discovered in a area that you have domain over, which includes your vehicle.

Joint Possession: Whenever two or more men and women have shared ownership of the same illegal paraphernalia.

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

What to Do If You've Been Detained for a DUI and Narcotic Possession?

Consult a Criminal Defense Lawyer

In case you've been detained for a DUI and drug possession indictment, you need to quickly contact a Florida DUI lawyer or narcotic possession lawyer. You're going up against two charges, both of which are incredibly severe and can end up in life-changing penalties.

This is not the moment to risk or hesitate. Going to a court of law and facing a future with a rap sheet can seriously have an effect on your quality of life.

What Defenses Are There to DUI and Drug Ownership Indictments in Florida?

There are various defenses to DUIs and narcotic ownership charges in Florida that a DUI lawyer will depend on to help evade expensive fines, prison time, motor vehicle license removal and a criminal history.

Defense methods involve:

Illegal Search and Seizure

If your Fourth Amendment civil rights were infringed by an unlawful search, your case might be dismissed altogether, even in the scenario that paraphernalia were found. The police must have a valid cause to halt and investigate your car.

Inadequacy of Knowledge

A drug ownership accusation in Florida can be dismissed if you can show that you didn't know the paraphernalia was there.

For example, some defendants can prove that they recently loaned their motor vehicle to a colleague, or that they were giving other passengers a ride. This method can make it very challenging for the State to prove you knew the drugs were in the car, so the narcotic possession indictment can be dropped.

This is common in cases where the narcotic amount is so small that it is reasonable that the driver had no clue the narcotic was in their car.

You Were Using Legal Prescription Drugs

Sometimes policemen think that motorists are intoxicated and see medication in the car and jump to their own assumptions.

In case you have been apprehended for doing a proper dose of prescription drugs, you shouldn't deal with a drug ownership charge. In the case that this has occurred, you should contact a Florida DUI attorney and narcotic possession attorney as soon as you can.

In the case that the policeman has confiscated your prescription medicine, a criminal defense lawyer can call the prosecutor to complete a laboratory result on the substance to show it was totally justifiable to have.

For instance, a man was arrested for the diet supplements in his car. The police saw the white powder, tested it and determined it was amphetamine.

His DUI lawyer and narcotic possession lawyer swiftly called the prosecutor before the laboratory results came back and demanded that they wait. Once the lab result came back, it confirmed the substance was entirely justified. Had the DUI attorney and narcotic possession lawyer not called, then their client would have went to court on drug ownership charges.

What Will Take Place to My Motor Vehicle License?

A Motor Vehicle license is often the first worry in a Florida DUI case. You must register a DUI hearing with the Department of Motor Vehicles within the duration of 10 days of your arrest. If you don't, your license suspension will be decided.

A DUI hearing will not settle whether you're liable of a DUI indictment, but it will establish what happens to your license in the interim.

It's very important that you reach out to a criminal defense attorney immediately to :secure your license.

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

• A removed Motor Vehicle license
• A suspended Motor Vehicle license
• A postponement in eligibility to acquire a Driver's license

DUI and Narcotic Possession Penalties in Florida

DUI Penalties

First-time DUI Offenders:

• A maximum of 6-9 months in jail
• License restrictions of up to one year
• A required interlock ignition device for BAC above 0.15%, which prevents the automobile from starting if alcohol is present on the driver's breath.

Second and Third Time DUI Offenders:

In the event that a second conviction develops within 5 years of your first, or a third within 10 years of your 2nd, then consequences include:

• Up to 1 year in jail.
• $ 5,000 fee.
• License removal for up to 5 years.

Drug Possession

Here are some prevalent Florida narcotic possession indictments as defined by Florida Statutes:.

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

Cocaine: Having up to 28 grams could lead to a max sentence of five years in prison..

Ecstasy: Owning up to 10 grams of Ecstasy could lead to a maximum of five years in the penal institution.

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 Lawyer and Drug Possession Attorney

In the event that you've been arrested for DUI and narcotic possession transgression, then our Florida DUI lawyer and narcotic possession attorney can help. They can fight to get your charges removed 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