In Florida, a DUI vehicle driver can be reprehended for both driving under the influence (DUI) and drug possession . If you've been determined to have controlled substances in your motor vehicle, this additional charge must be fought aggressively to prevent serious punishments.

DUI and drug possession charges are usually intertwined, as men and women are charged for being under the influence of an illegal substance and also in ownership of it. Yet still, there are commonly scenarios where people are incorrectly charged after taking the proper dosage of legally prescribed drugs, or because they have been unlawfully arrested.

If this has occurred to you, you can speak to a Florida Lawyer that practices in DUI and a narcotics possession lawyer as soon as possible to fight to have your indictments dropped or penalties reduced.

What Is a DUI and Drug Possession Charge in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) violation transpires when a driver uses a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This means, men and women are in certain cases charged for a DUI irrespective of not having had a drink, but because the officer believes they are under the influence of drugs.

Vehicle 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 arrested for a DUI, you should contact a Florida DUI lawyer.

Drug Possession

In Florida, you can deal with additional criminal charges for a DUI.

A prevalent example is a narcotic possession charge. This charge develops when someone is found in ownership of a illegal or controlled narcotic for self use only. It does not regard anyone who creates, supplies, delivers a drug - as this would be a Drug Trafficking charge.

Nevertheless, there are also various types of drug ownership charges:

Actual Possession: The moment banned substances are identified on you, for example, in your hand or bag.

Constructive Possession: When unlawful drugs are identified in a location that you have control over, for example, your motor vehicle.

Joint Possession: Whenever two or more men and women have shared control of the same forbidden substance.

In case you've been detained for a drug possession criminal charge, you should get in touch with 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

Assuming that you've been apprehended for a DUI and narcotic possession charge, you need to quickly speak with a Florida DUI lawyer or drug possession attorney. You're facing two indictments, both of which are highly serious and can result in life-altering punishment.

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

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

There are many defenses to DUIs and drug possession accusations in Florida that a DUI lawyer will go to to help avert pricey fines, prison time, driver’s license revocation and a criminal history.

Defense tactics comprise of:

Unlawful Search and Seizure

On the occasion that your Fourth Amendment legal rights were disobeyed by an illicit examination, your case can be dropped altogether, even in the case that narcotics were identified. The police must have a legitimate reason to stop and investigate your automobile.

Absence of Knowledge

A drug possession charge in Florida may be dismissed if you can prove that you didn't know the substance was there.

For example, some defendants can prove that they recently lent their vehicle to a pal, or that they were giving other passengers a ride. This approach could make it very challenging for the authorities to demonstrate you knew the narcotics were in the car, so the drug possession charge can be dropped.

This is routine in cases where the drug amount is so small that it is reasonable that the motorist had no idea the narcotic was in their motor vehicle.

You Were Taking Lawful Prescription Medicine

At times policemen believe drivers are intoxicated and see medication in the automobile and jump to conclusions.

In the case that you have been arrested for doing a lawful amount of prescription drugs, you should not face a drug possession indictment. If this has occurred, you should reach out to a Florida DUI lawyer and drug possession lawyer as soon as you can.

In the case that the officer has confiscated your medication, a criminal defense attorney can contact the prosecutor to run a laboratory result on the drug to prove it was totally justifiable to own.

For example, a man was detained for the weight-loss 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 promptly called the prosecutor before the laboratory outcome came back and demanded that they wait. Once the laboratory result were complete, it confirmed the compound was entirely legitimate. Had the DUI lawyer and drug possession lawyer not called, then their client would have went to court on narcotic possession indictments.

What Will Transpire to My Motor Vehicle License?

A Motor Vehicle license is commonly the primary interest in a Florida DUI case. You must apply for a DUI hearing with the DMV within 10 days of your arrest. If you do not, your license dismissal will be maintained.

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

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

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

• A revoked Driver's license
• A suspended Motor Vehicle license
• A hold 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 in jail
• License ban of up to one year
• A mandatory interlock ignition device for BAC above 0.15%, which restrains the car from starting if alcohol is detected on the motorist's breath.

Second and Third Time DUI Offenders:

If 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 removal for up to 5 years.

Narcotic Possession

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

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

Cocaine: Owning up to 28 grams may result in a maximum of five years in the penal institution..

Ecstasy: Having 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 Lawyer and Drug Possession Attorney

In the case that you have been apprehended for DUI and drug possession offense, then our Florida DUI attorney and drug possession lawyer can assist. They can fight to get your indictments removed or brought down 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