Florida Narcotics Possession and DUI Attorney

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Florida Narcotics Possession and DUI Attorney

In Florida, a DUI motorist might be charged for both driving inebriated (DUI) and possession of illegal substances . If you've been discovered to have illegal narcotics in your motor vehicle, this added indictment must be combated strongly to prevent serious consequences.

DUI and drug possession indictment are usually intertwined, as individuals are charged for being under the influence of an illegal substance and also in ownership of it. Yet still, there are oftentimes circumstances where individuals are incorrectly indicted after taking the appropriate dosage of lawfully prescribed drugs, or because they have been unlawfully arrested.

If this has transpired to you, you can reach out to a Florida Lawyer that deals with DUI and a lawyer that deals with drug possession immediately to fight to have your indictments dropped or costs reduced.

What Is a DUI and Narcotic Possession Charge in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) crime transpires when a driver uses a automobile with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This signifies, individuals are in some cases charged for a DUI despite the presence of not having had a alcoholic beverage, but because the policeman thinks they are under the influence of drugs.

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

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

Possession of Controlled Substances

In Florida, you can encounter additional indictments for a DUI.

A common situation is a drug possession charge. This transgression occurs when someone is found in ownership of a illegal or controlled narcotic for personal use only. It does not apply to anyone who fabricates, merchandises, distributes a drug - as this would be a Drug Trafficking charge.

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

Actual Possession: The moment banned drugs are uncovered on you, for instance, in your hand or pocket.

Constructive Possession: When banned drugs are found in a area that you have domain over, for instance, your automobile.

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

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

What to Do In the Event That You've Been Apprehended for a DUI and Narcotic Ownership?

Consult a Criminal Defense Lawyer

If you've been detained for a DUI and narcotic possession indictment, you need to promptly consult with a Florida DUI lawyer or narcotic possession lawyer. You're being confronted by two indictments, both of which are extremely serious and can lead to in life-changing consequences.

This is not the time to risk or stall. Going to court and encountering a future with a rap sheet can substantially have an effect on your livelihood.

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

There are a range of defenses to DUIs and drug ownership accusations in Florida that a DUI lawyer will to help avert high priced fines, jail time, driver’s license dismissal and criminal records.

Defense approaches include:

Wrongful Search and Confiscation

If your Fourth Amendment rights were disobeyed by an unlawful investigation, your case may be dropped entirely, even in the scenario that narcotics were uncovered. The policeman must have a legitimate cause to halt and search your motor vehicle.

Absence of Knowledge

A narcotic ownership charge in Florida can be dismissed if you can demonstrate that you didn't know the drug was there.

For example, some defendants can prove that they recently loaned their automobile to a friend, or that they were giving other people a lift. This approach could make it very difficult for the authorities to prove you knew the narcotics were in the car, so the drug possession accusation can be dismissed.

This is usual in cases where the drug quantity is so tiny that it is reasonable that the motorist had no clue the narcotic was in their car.

You Were Taking Valid Prescription Medicine

At times officers think that vehicle drivers are under the influence and see medication in the car and jump to conclusions.

If you've been detained for doing a adequate dose of prescription drugs, you shouldn't deal with a narcotic ownership indictment. If this has occurred, you should get a hold of a Florida DUI lawyer and drug possession lawyer as soon as you can.

In case the police officer has seized your prescription medicine, a criminal defense attorney can contact the prosecutor to run a laboratory result on the compound to demonstrate that it was entirely legal to possess.

For example, a man was arrested for the diet supplements in his automobile. The officer saw the white powder, ran test on it and said it was amphetamine.

His DUI attorney and drug possession attorney reached out to the prosecutor before the lab results came back and demanded that they wait. Once the laboratory result came back, it confirmed the substance was totally legal. Had the DUI attorney and drug possession lawyer not called, then their client would have been taken to court on narcotic possession accusations.

What Might Happen to My Driver's License?

A Motor Vehicle license is usually the primary 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 maintained.

A DUI hearing will not decide whether you are guilty of a DUI charge, but it will establish what happens to your license in the meantime.

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

In case you are found guilty for a DUI and drug possession indictment in Florida, you could also face:

  • A completely terminated Motor Vehicle license
  • A suspended Driver's license
  • A delay in eligibility to obtain a Motor Vehicle 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 cumpolsary interlock ignition device for BAC above 0.15%, which stops the motor vehicle from turning on if alcohol is present on the vehicle driver's breath.

Second and Third Time DUI Offenders:

In the case that a second conviction happens within 5 years of your first, or a third within 10 years of your 2nd, then penalties include:

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

Narcotic Possession

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

Marijuana: Owning up to 20 grams of marijuana could lead to a max sentence of five years in the penal institution.

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

Ecstasy: Having up to 10 grams of Ecstasy may result in a max sentence 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.

Reach Out to a Florida DUI Lawyer and Narcotic Possession Lawyer

In case you have been apprehended for DUI and drug possession charge, then our Florida DUI lawyer and narcotic possession lawyer can assist. They can fight to get your charges dismissed 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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