Florida Drug Possession and DUI Lawyer

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Florida Drug Possession and DUI Lawyer

In Florida, a DUI vehicle driver could be charged for both driving a vehicle under the influence (DUI) and drug possession . If you've been found to have illegal narcotics in your vehicle, this added indictment must be combated aggressively to prevent serious consequences.

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 ownership of it. However, there are often cases where men and women are erroneously indicted after taking the appropriate dosage of legally prescribed drugs, or because they have been unlawfully detained.

If this has happened to you, you can contact a Florida DUI attorney and a narcotics possession attorney right away to fight to have your indictments brought down or penalties reduced.

What Is a DUI and Narcotic Possession in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) transgression occurs when a motorist uses a motor 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 irrespective of not having had a drink, but because the police officer thinks they are under the influence of narcotics.

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

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

Drug Possession

In Florida, you can be confronted by additional charges for a DUI.

A typical scenario is a drug possession charge. This offense transpires when someone is found in ownership of a illegal or controlled narcotic for self use only. It does not regard anyone who fabricates, supplies, circulates a drug - as this would be a Drug Trafficking charge.

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

Actual Possession: The minute forbidden paraphernalia are uncovered on you, such as in your hand or purse.

Constructive Possession: When prohibited paraphernalia are uncovered in a place that you have control over, which includes your car.

Joint Possession: When two or more people have shared control of the same banned drug.

In the event that you've been apprehended for a narcotic possession indictment, you should consult with a Florida drug possession attorney.

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

Consult a Criminal Defense Attorney

On the occasion that you've been apprehended for a DUI and narcotic possession charge, you should promptly contact a Florida DUI attorney or narcotic possession lawyer. You're being confronted by two indictments, both of which are incredibly serious and can result in life-changing consequences.

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

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

There are many defenses to DUIs and drug ownership accusations in Florida that a DUI attorney will look to to help avoid expensive penalties, prison time, motor vehicle license dismissal and criminal records.

Defense tactics include:

Unlawful Search and Confiscation

In case your Fourth Amendment civil rights were transgressed through an unlawful examination, your case may be dropped completely, even in the scenario that narcotics were uncovered. The policeman must have a legitimate reason to stop and examine your car.

Lack of Knowledge

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

For example, some defendants can show that they recently gave their car to a good friend, or that they were giving other passengers a lift. This method may make it very difficult for the State to demonstrate you knew the narcotics were in the automobile, so the drug possession indictment can be dismissed.

This is common in cases where the narcotic amount is so insignificant that it is conceivable that the vehicle driver had no idea the substance was in their automobile.

You Were Taking Lawful Prescription Medicine

Sometimes police officers conclude that vehicle drivers are intoxicated and see medication in the automobile and rush to conclusions.

In the case that you've been arrested for doing a lawful dose of prescription medicine, you should not encounter a drug ownership charge. In the case that this has happened, you should contact a Florida DUI attorney and drug possession attorney immediately.

If the policeman has confiscated your prescription medicine, a criminal defense attorney can get in touch with the prosecutor to run a laboratory result on the drug to demonstrate that it was completely lawful to possess.

For instance, a man was arrested for the weight-loss supplements in his car. The police saw the white powder, ran test on it and determined it was amphetamine.

His DUI attorney and narcotic possession attorney swiftly contacted the prosecutor before the laboratory results came back and asked that they wait. Once the laboratory result were complete, it confirmed the compound was entirely legal. Had the DUI attorney and drug possession lawyer not given the call, then their client would have went the courtroom on drug ownership accusations.

What Might Transpire to My Motor Vehicle License?

A Motor Vehicle license is often the first concern in a Florida DUI case. You must register a DUI hearing with the DMV within the duration of 10 days of your arrest. If you don't, your license cancellation will be maintained.

A DUI hearing will not determine whether you're liable of a DUI charge, but it will determine what takes place to your license in the meantime.

It's important that you contact a criminal defense lawyer right away to :safeguard your license.

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

  • A completely terminated Driver's license
  • A temporary suspension of your Driver's license
  • A postponement in eligibility to receive a Driver's license

DUI and Drug Possession Penalties in Florida

DUI Penalties

First-time DUI Offenders:

  • A maximum of 6-9 months incarceration
  • License suspension of up to one year
  • A cumpolsary interlock ignition device for BAC above 0.15%, which stops the automobile from turning on if alcohol is found on the vehicle driver's breath.

Second and Third Time DUI Offenders:

If a second conviction occurs 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 removal for up to 5 years.

Drug Possession

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

Marijuana: Having up to 20 grams of marijuana might result in a max sentence of five years in the penitentiary.

Cocaine: Having up to 28 grams might result in 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 penitentiary.

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

Call a Florida DUI Attorney and Narcotic Possession Attorney

If you've been apprehended for DUI and drug possession offense, then our Florida DUI attorney and drug possession attorney can help. They can fight to get your charges 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

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