Florida DUI and Drug Possession Attorney

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Florida DUI and Drug Possession Attorney

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

DUI and drug possession charges are commonly intertwined, as men and women are charged for being under the influence of an illegal drug and also in possession of it. Yet still, there are often scenarios where individuals are wrongly indicted after taking the exact dosage of legally prescribed drugs, or because they have been unlawfully apprehended.

If this has happened to you, you can call a Florida DUI attorney and a drug 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 transpires when a vehicle driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This means, men and women are sometimes indicted for a DUI even after not having had a alcoholic beverage, but because the policeman feels that they are under the influence of narcotics.

Vehicle drivers under the age of 21 are determined DUI if they are identified with a BAC of 0.02% or more.

If you've been detained for a DUI, you should call 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 violation develops when someone is found in possession of a illegal or controlled substance for personal use only. It does not regard anyone who produces, supplies, disperses a controlled substance - as this would be a Drug Trafficking charge.

That being said, there are also different types of drug possession charges:

Actual Possession: When banned drugs are found on you, for example, in your hand or wallet.

Constructive Possession: When illegal paraphernalia are found in a location that you have authority over, for example, your car.

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

In the case that you've been arrested for a narcotic ownership criminal charge, you should reach out to a Florida drug possession lawyer.

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

Reach Out To a Criminal Defense Attorney

Assuming that you've been detained for a DUI and drug possession indictment, you need to immediately reach out to a Florida DUI attorney or drug possession lawyer. You're facing two charges, both of which are highly serious and can result in life-altering punishment.

This is not the moment to risk or delay. Being brought court and encountering a future with a criminal history can seriously impact your livelihood.

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

There are a range of defenses to DUIs and drug ownership indictments in Florida that a DUI lawyer will to help evade expensive fines, jail time, motor vehicle license revocation and a criminal history.

Defense tactics comprise of:

Illicit Search and Seizure

Assuming that your Fourth Amendment civil rights were violated through an illicit examination, your case can be dismissed altogether, even in the scenario that drugs were identified. The authorities must have a realistic reason to halt and investigate your motor vehicle.

Lack of Knowledge

A narcotic possession indictment in Florida could be dismissed if you can prove that you didn't know the substance was there.

For example, some defendants can show that they recently gave their motor vehicle to a good friend, or that they were giving other passengers a lift. This tactic can make it very challenging for the State to prove you knew the narcotics were in the vehicle, so the drug possession indictment can be removed.

This is usual in cases where the narcotic quantity is so insignificant that it is conceivable that the motorist had no clue the drug was in their vehicle.

You Were Utilizing Lawful Prescription Medicine

Sometimes police officers think that vehicle drivers are intoxicated and see medication in the vehicle and jump to their own assumptions.

In the case that you have been detained for doing a legal dose of prescription drugs, you should not face a drug ownership indictment. If this has occurred, you should get a hold of a Florida DUI attorney and narcotic possession attorney right away.

In case the officer has confiscated your prescription medicine, a criminal defense lawyer can contact the prosecutor to run a laboratory result on the drug to demonstrate that it was completely legal to own.

For example, a man was arrested for the diet supplements in his vehicle. The officer saw the white powder, tested it and stated that it was amphetamine.

His DUI lawyer and narcotic possession lawyer promptly called the prosecutor before the laboratory results came back and asked that they wait. Once the laboratory result came back, it verified that the drug was totally legal. Had the DUI attorney and drug possession lawyer not rang, then their client would have been brought the courthouse on drug possession charges.

What Will Happen to My Driver's License?

A Driver's license is often 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 don't, your license dismissal will be maintained.

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

It's critical that you call a criminal defense attorney immediately to :secure your license.

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

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

DUI and Drug 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 mandatory interlock ignition device for BAC above 0.15%, which prevents the automobile from turning on if alcohol is found on the driver's breath.

Second and Third Time DUI Offenders:

In case a second conviction develops within 5 years of your first, or a third within 10 years of your 2nd, then punishment include:

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

Narcotic Possession

Here are some prevalent Florida drug possession charges as defined by Florida Statutes:.

Marijuana: Owning up to 20 grams of marijuana might result in a maximum of five years in the penal institution.

Cocaine: Possessing up to 28 grams may result in a maximum of five years in the penitentiary..

Ecstasy: Having up to 10 grams of Ecstasy may result in a maximum of five years in the penitentiary.

Methamphetamine: Possession of meth is a third-degree penalty, with a maximum penalty of up to five years in state prison.

Contact a Florida DUI Attorney and Drug Possession Lawyer

In case you have been apprehended for DUI and drug possession offense, then our Florida DUI lawyer and narcotic possession lawyer can help. 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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