Florida Drug Possession and DUI Lawyer

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Florida Drug Possession and DUI Lawyer

In Florida, a DUI vehicle driver can be indicted for both driving a vehicle under the influence (DUI) and possession of illegal substances . If you've been discovered to have illegal narcotics in your automobile, this additional indictment must be fought strongly to avoid major penalties.

DUI and narcotic possession indictment are usually linked, as individuals are charged for being under the influence of an illegal drug and also in possession of it. That being said, there are commonly cases where people are mistakenly charged after taking the appropriate dosage of legally prescribed drugs, or because they have been unlawfully detained.

If this has transpired to you, you can talk to a Florida DUI attorney and a lawyer that handles narcotics possession right away to fight to have your charges brought down or penalties reduced.

What Is a DUI and Drug Possession Charge in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) crime takes place when a driver operates 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 officer thinks they are under the influence of narcotics.

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

If you've been arrested for a DUI, you should consult a Florida DUI lawyer.

Drug Possession

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

A prevalent scenario is a narcotic possession charge. This violation occurs when someone is discovered in ownership of a illegal or controlled narcotic for individual use only. It does not regard anyone who produces, merchandises, disperses a drug - as this would be a Drug Trafficking charge.

Nevertheless, there are also a wide range of types of drug possession charges:

Actual Possession: The minute unlawful drugs are found on you, such as in your hand or wallet.

Constructive Possession: When illegal paraphernalia are uncovered in a place that you have domain over, such as your car.

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

In case you've been detained for a drug possession charge, you should reach out to a Florida narcotic possession attorney.

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

Call a Criminal Defense Attorney

On the occasion that you've been apprehended for a DUI and drug possession indictment, you need to promptly speak with a Florida DUI lawyer or narcotic possession attorney. You're confronting two indictments, both of which are incredibly serious and can lead to in life-changing consequences.

This is not the time to risk or hesitate. Going to a court of law and encountering a future with a criminal history can seriously have an effect on your life.

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

There are many defenses to DUIs and narcotic possession charges in Florida that a DUI lawyer will to help avoid pricey fines, prison time, motor vehicle license revocation and criminal records.

Defense tactics include:

Unlawful Search and Seizure

On the occasion that your Fourth Amendment legal rights were transgressed through an unlawful examination, your case may be dropped entirely, even in the scenario that narcotics were discovered. The policeman must have a valid cause to halt and investigate your car.

Lack 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 friend, or that they were giving other passengers a ride. This approach can make it very challenging for the authorities to show you knew the narcotics were in the vehicle, so the drug possession charge can be dismissed.

This is usual in cases where the narcotic amount is so tiny that it is believable that the driver had no idea the drug was in their car.

You Were Taking Legal Prescription Medicine

At times policemen think that drivers are intoxicated and see medication in the vehicle and rush to conclusions.

In case you have been arrested for doing a lawful amount of prescription drugs, you shouldn't face a drug ownership charge. If this has happened, you should call a Florida DUI lawyer and narcotic possession lawyer right away.

In the event that the policeman has confiscated your prescription medicine, a criminal defense attorney can call the prosecutor to run a laboratory result on the compound to prove it was entirely justifiable to possess.

For instance, a man was arrested for the exercise supplements in his automobile. The officer saw the white powder, tested it and stated that it was amphetamine.

His DUI lawyer and drug possession attorney called the prosecutor before the laboratory outcome came back and requested that they wait. Once the laboratory result came back, it confirmed the drug was totally legitimate. Had the DUI attorney and drug possession attorney not given the call, then their client would have went the courthouse on narcotic ownership charges.

What Will Transpire to My Motor Vehicle License?

A Driver's license is routinely the primary interest 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 do not, your license dismissal will be decided.

A DUI hearing will not decide whether you are at fault of a DUI indictment, but it will decide what happens to your license in the meantime.

It's important that you contact a criminal defense lawyer immediately to :protect your license.

If found guilty for a DUI and drug possession charge in Florida, you could also face:

  • A revoked Driver's license
  • A temporary suspension of your Motor Vehicle license
  • A delay in eligibility to obtain a Driver's license

DUI and Narcotic Possession Penalties in Florida

DUI Penalties

First-time DUI Offenders:

  • A maximum of 6-9 months incarceration
  • License ban of up to one year
  • A required interlock ignition device for BAC above 0.15%, which restrains the car from turning on if alcohol is present on the motorist's breath.

Second and Third Time DUI Offenders:

In case a second conviction happens 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 fee.
  • License removal for up to 5 years.

Drug Possession

Here are some common Florida drug possession indictments as defined by Florida Statutes:.

Marijuana: Possessing up to 20 grams of marijuana might result in a maximum of five years in prison.

Cocaine: Owning up to 28 grams could lead to a maximum of five years in prison..

Ecstasy: Having up to 10 grams of Ecstasy could lead to 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.

Call a Florida DUI Lawyer and Drug Possession Attorney

If you have been arrested for DUI and drug possession transgression, then our Florida DUI lawyer and drug possession lawyer can assist. They can fight to get your charges removed or brought down 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

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