In Florida, a DUI driver could be charged for both driving inebriated (DUI) and narcotic possession . If you've been found to have illegal narcotics in your vehicle, this supplementary charge must be fought aggressively to avoid serious penalties.
DUI and drug possession indictment are commonly linked, as individuals are charged for being under the influence of an illegal substance and also in possession of it. Nevertheless, there are commonly cases where men and women are erroneously charged after taking the proper dosage of lawfully prescribed drugs, or because they have been unlawfully arrested.
If this has occurred to you, you can get in touch with a Florida Lawyer that handles DUI and a lawyer that deals with drug possession immediately to fight to have your charges brought down or costs reduced.
What Is a DUI and Drug Possession in Florida?
DUI
In Florida, a Driving Under the Influence (DUI) crime occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This signifies, individuals are in certain cases charged for a DUI even after not having had a alcoholic beverage, but because the police officer believes they are under the influence of narcotics.
Drivers under the age of 21 are considered DUI if they are discovered with a BAC of 0.02% or more.
If you've been detained for a DUI, you should reach out to a Florida DUI lawyer.
Possession of Drugs
In Florida, you can be confronted by additional charges for a DUI.
A prevalent case is a narcotic possession charge. This charge occurs when someone is discovered in possession of a controlled or illegal substance for personal use only. It does not regard anyone who manufactures, sells, circulates 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: Whenever banned drugs are found on you, such as in your hand or pocket.
Constructive Possession: When unlawful substances are uncovered in a area that you have authority over, such as your car.
Joint Possession: When two or more individuals have shared possession of the same forbidden drug.
If you've been apprehended for a narcotic possession indictment, you should consult with a Florida narcotic possession lawyer.
What to Do In the Case That You've Been Apprehended for a DUI and Narcotic Ownership?
Call a Criminal Defense Lawyer
On the occasion that you've been detained for a DUI and narcotic possession charge, you need to promptly get in touch with a Florida DUI lawyer or drug possession attorney. You're dealing with two indictments, both of which are incredibly severe and can result in life-changing punishment.
This is not the moment to risk or hesitate. Going to a court of law and facing a future with a rap sheet can significantly affect your existence.
What Defenses Are There to DUI and Drug Possession Accusations in Florida?
There are a range of defenses to DUIs and narcotic ownership accusations in Florida that a DUI attorney will look to to help evade unnecessary penalties, prison time, driver’s license removal and criminal records.
Defense methods comprise of:
Unlawful Search and Seizure
Assuming that your Fourth Amendment legal rights were disobeyed through an illicit search, your case can be dismissed completely, even when narcotics were discovered. The officers must have a valid reason to stop and investigate your motor vehicle.
Inadequacy of Knowledge
A narcotic possession charge in Florida can be dismissed if you can prove that you didn't know the substance was there.
For instance, some defendants can show that they recently lent their vehicle to a friend, or that they were giving other passengers a ride. This approach could make it very hard for the authorities to demonstrate you knew the drugs were in the vehicle, so the drug possession accusation can be dropped.
This is often in cases where the drug amount is so little that it is reasonable that the motorist had no idea the substance was in their car.
You Were Utilizing Lawful Prescription Medicine
At times police officers conclude that vehicle drivers are under the influence and see medication in the automobile and jump to conclusions.
In the case that you have been arrested for using a legal dose of prescription medicine, you should not encounter a drug ownership accusation. In the case that this has occurred, you should contact a Florida DUI lawyer and drug possession lawyer as soon as possible.
In case the police officer has confiscated your prescription medicine, a criminal defense lawyer can call the prosecutor to run a lab result on the compound to demonstrate that it was entirely legal to own.
For instance, a man was apprehended for the exercise supplements in his vehicle. The police saw the white powder, tested it and said it was amphetamine.
His DUI attorney and drug possession lawyer reached out to the prosecutor before the laboratory results came back and asked that they wait. Once the laboratory result were complete, it confirmed the compound was completely justified. Had the DUI lawyer and narcotic possession attorney not called, then their client would have been taken the courtroom on drug possession accusations.
What Might Take Place to My Driver's License?
A Motor Vehicle license is routinely the top worry in a Florida DUI case. You must file a DUI hearing with the DMV within 10 days of your arrest. If you don't, your license cancellation will be upheld.
A DUI hearing will not determine whether you are at fault of a DUI indictment, but it will decide what occurs to your license in the interim.
It's critical that you contact a criminal defense attorney as soon as possible to :protect your license.
In the event that you are sentenced for a DUI and drug possession indictment in Florida, you could also face:
- A revoked Driver's license
- A temporary suspension of your Motor Vehicle license
- A delay in eligibility to receive a Motor Vehicle license
DUI and Drug Possession Penalties in Florida
DUI Penalties
First-time DUI Offenders:
- A maximum of 6-9 months incarceration
- License restrictions of up to one year
- A required interlock ignition device for BAC above 0.15%, which stops the vehicle from turning on if alcohol is present on the motorist's breath.
Second and Third Time DUI Offenders:
In the event that a second conviction transpires within 5 years of your first, or a third within 10 years of your 2nd, then consequences include:
- Up to 1 year in the penitentiary.
- $ 5,000 fine.
- License removal for up to 5 years.
Narcotic Possession
Here are some prevalent Florida narcotic possession indictments as defined by Florida Statutes:.
Marijuana: Having up to 20 grams of marijuana could lead to a max sentence of five years in the penitentiary.
Cocaine: Having up to 28 grams may result in a maximum of five years in prison..
Ecstasy: Owning up to 10 grams of Ecstasy might result in a maximum of five years in the penitentiary.
Methamphetamine: Ownership 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 Lawyer
In the event that you have been apprehended for DUI and drug possession offense, then our Florida DUI attorney and narcotic possession attorney can assist. They can fight to get your indictments dropped 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