In Florida, a DUI driver can be charged for both operating a vehicle intoxicated (DUI) and narcotic possession . If you’ve been found to have illegal drugs in your vehicle, this supplementary criminal charge must be combated strongly to prevent major consequences.
DUI and drug possession indictment are usually linked, as men and women are charged for being under the influence of an illegal substance and also in ownership of it. Nevertheless, there are routinely scenarios where people are incorrectly charged after taking the correct dosage of lawfully prescribed drugs, or because they have been unlawfully detained.
If this has transpired to you, you can call a Florida Attorney that specializes in DUI and a lawyer that handles narcotics possession as soon as possible to fight to have your charges brought down or penalties reduced.
What Is a DUI and Drug Possession Charge in Florida?
DUI
In Florida, a Driving Under the Influence (DUI) crime takes place when a driver uses a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while ‘under the influence’. This signifies, people are occasionally indicted for a DUI even after not having had a drink, but because the policeman believes they are under the influence of drugs.
Drivers under 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 consult a Florida DUI attorney.
Possession of Controlled Substances
In Florida, you can deal with additional charges for a DUI.
A prevalent situation is a drug possession charge. This violation transpires when someone is identified in possession of a controlled or illegal narcotic for personal use only. It does not regard anyone who creates, supplies, delivers a controlled substance – as this would be a Drug Trafficking charge.
Nevertheless, there are also different types of narcotic ownership charges:
Actual Possession: Whenever forbidden drugs are uncovered on you, for example, in your hand or bag.
Constructive Possession: When unlawful drugs are discovered in a place that you have authority over, such as your car.
Joint Possession: The moment two or more men and women have shared ownership of the very same illegal substance.
In case you’ve been apprehended for a narcotic possession charge, you should contact a Florida drug possession attorney.
What to Do In the Event That You’ve Been Detained for a DUI and Drug Ownership?
Get In Touch With a Criminal Defense Attorney
In case you’ve been apprehended for a DUI and drug possession charge, you should promptly talk to a Florida DUI attorney or narcotic possession attorney. You’re going up against two indictments, both of which are extremely serious and can result in life-altering punishment.
This is not the moment to risk or stall. Being brought a court of law and facing a future with a criminal record can significantly affect your existence.
What Defenses Are There to DUI and Narcotic Possession Accusations in Florida?
There are a range of defenses to DUIs and drug possession accusations in Florida that a DUI attorney will go to to help evade pricey penalties, prison time, driver’s license revocation and criminal records.
Defense approaches include:
Unlawful Search and Seizure
On the occasion that your Fourth Amendment civil rights were transgressed by an illegal investigation, your case can be dropped altogether, even in the case that narcotics were uncovered. The police must have a legitimate reason to halt and search your car.
Lack of Knowledge
A drug possession accusation in Florida may be dropped if you can demonstrate that you didn’t know the substance was there.
For instance, some defendants can prove that they recently lent their automobile to a good friend, or that they were giving other people a ride. This approach may make it very difficult for the authorities to demonstrate you knew the narcotics were in the motor vehicle, so the narcotic possession accusation can be dismissed.
This is usual in cases where the narcotic quantity is so insignificant that it is reasonable that the driver had no clue the narcotic was in their motor vehicle.
You Were Utilizing Valid Prescription Drugs
Sometimes officers think that vehicle drivers are under the influence and see medication in the vehicle and jump to conclusions.
In the case that you’ve been arrested for doing a proper dose of prescription medicine, you should not encounter a narcotic ownership indictment. If this has happened, you should contact a Florida DUI attorney and drug possession attorney right away.
In case the officer has confiscated your medication, a criminal defense attorney can contact the prosecutor to complete a lab result on the compound to prove it was completely justifiable to have.
For example, a man was detained for the exercise supplements in his car. The police saw the white powder, ran test on it and stated that it was amphetamine.
His DUI lawyer and narcotic possession lawyer immediately contacted the prosecutor before the lab outcome came back and requested that they wait. Once the laboratory result came back, it verified that the drug was completely justified. Had the DUI attorney and drug possession lawyer not called, then their client would have went the courthouse on drug possession accusations.
What Will Take Place to My Motor Vehicle License?
A Driver’s license is routinely the top interest in a Florida DUI case. You must apply for a DUI hearing with the Department of Motor Vehicles within the duration of 10 days of your arrest. If you don’t, your license dismissal will be maintained.
A DUI hearing will not decide whether you’re guilty of a DUI indictment, but it will establish what takes place to your license in the meantime.
It’s critical that you speak to a criminal defense attorney immediately to :safeguard your license.
In the case that you are found guilty for a DUI and drug possession charge in Florida, you could also face:
- A removed Motor Vehicle license
- A temporary suspension of your Motor Vehicle license
- A hold in eligibility to acquire a Driver’s license
DUI and Drug Possession Penalties in Florida
DUI Penalties
First-time DUI Offenders:
- A max of 6-9 months in jail
- License ban of up to one year
- A required interlock ignition device for BAC above 0.15%, which stops the vehicle from starting if alcohol is found on the vehicle driver’s breath.
Second and Third Time DUI Offenders:
In case a second conviction occurs 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 fee.
- License removal for up to 5 years.
Drug Possession
Here are some routine Florida narcotic possession indictments 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: Owning up to 28 grams could lead to a maximum of five years in prison..
Ecstasy: Owning up to 10 grams of Ecstasy may result in a max sentence of five years in the penal institution.
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 Narcotic Possession Lawyer
In the event that you’ve been apprehended for DUI and narcotic possession transgression, then our Florida DUI lawyer and drug possession attorney 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