In Florida, a DUI motorist can be indicted for both driving a vehicle under the influence (DUI) and possession of illegal substances . If you’ve been found to have controlled substances in your motor vehicle, this additional criminal charge must be combated aggressively to prevent severe punishments.
DUI and drug possession indictment are often intertwined, as people are charged for being under the influence of an illegal substance and also in ownership of it. Yet still, there are oftentimes scenarios where people are mistakenly charged after taking the appropriate dosage of legally prescribed drugs, or because they have been unlawfully arrested.
If this has occurred to you, you can speak to a Florida DUI attorney and a attorney that practices in narcotics possession as soon as possible to fight to have your charges dropped or penalties reduced.
What Is a DUI and Narcotic Possession Charge in Florida?
DUI
In Florida, a Driving Under the Influence (DUI) offense occurs when a motorist operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while ‘under the influence’. This means, individuals are occasionally indicted for a DUI irrespective of not having had a drink, but because the officer believes 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 detained for a DUI, you should call a Florida DUI attorney.
Drug Possession
In Florida, you can go up against additional criminal charges for a DUI.
A typical situation is a narcotic possession charge. This transgression occurs when someone is found in ownership of a illegal or controlled narcotic for personal use only. It does not regard anyone who fabricates, merchandises, delivers a drug – as this would be a Drug Trafficking charge.
However, there are also various types of drug ownership charges:
Actual Possession: When unlawful substances are uncovered on you, such as in your hand or pocket.
Constructive Possession: When unlawful substances are found in a place that you have domain over, which includes your vehicle.
Joint Possession: The moment two or more men and women have shared ownership of the same banned paraphernalia.
In case you’ve been arrested for a drug possession indictment, you should call a Florida drug possession attorney.
What to Do In Case You’ve Been Apprehended for a DUI and Drug Ownership?
Reach Out To a Criminal Defense Lawyer
On the occasion that you’ve been arrested for a DUI and drug possession indictment, you should promptly consult with a Florida DUI attorney or drug possession attorney. You’re going up against two charges, both of which are incredibly serious and can result in life-altering penalties.
This is not the time to take chances or hesitate. Being brought a court of law and facing a future with a rap sheet can significantly impact your existence.
What Defenses Are There to DUI and Narcotic Ownership Accusations in Florida?
There are many defenses to DUIs and drug ownership accusations in Florida that a DUI lawyer will turn to to help avoid high priced penalties, jail time, motor vehicle license revocation and a criminal reputation.
Defense methods comprise of:
Illicit Search and Confiscation
In case your Fourth Amendment civil rights were ignored through an unlawful examination, your case might be dropped altogether, even when drugs were uncovered. The authorities must have a justifiable cause to stop and examine your motor vehicle.
Lack of Knowledge
A narcotic possession charge in Florida can be dismissed if you can show that you didn’t know the drug was there.
For example, some defendants can show that they recently loaned their car to a pal, or that they were giving other passengers a lift. This tactic could make it very challenging for the State to justify you knew the narcotics were in the motor vehicle, so the narcotic possession indictment can be removed.
This is often in cases where the drug quantity is so insignificant that it is reasonable that the motorist had no clue the narcotic was in their vehicle.
You Were Taking Legal Prescription Drugs
At times police officers think that drivers are intoxicated and see medication in the vehicle and rush to their own assumptions.
In the event that you have been detained for using a adequate amount of prescription medicine, you shouldn’t deal with a narcotic possession accusation. In the case that this has occurred, you should call a Florida DUI lawyer and narcotic possession lawyer as soon as possible.
In the event that the police officer has confiscated your prescription medicine, a criminal defense lawyer can call the prosecutor to run a lab result on the drug to demonstrate that it was entirely valid to own.
For example, a man was apprehended for the weight-loss supplements in his motor vehicle. The police saw the white powder, tested it and stated that it was amphetamine.
His DUI lawyer and narcotic possession lawyer contacted the prosecutor before the lab outcome came back and demanded that they wait. Once the laboratory result were complete, it confirmed the substance was completely lawful. Had the DUI attorney and drug possession attorney not given the call, then their client would have went the courthouse on drug ownership charges.
What Might Transpire to My Driver’s License?
A Motor Vehicle license is often the top interest 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 do not, your license cancellation will be maintained.
A DUI hearing will not decide whether you are liable of a DUI charge, but it will decide what takes place to your license in the meantime.
It’s important that you call a criminal defense lawyer immediately to :secure your license.
In the case that you are convicted for a DUI and drug possession indictment in Florida, you could also face:
- A completely terminated Motor Vehicle license
- A temporary suspension of your Motor Vehicle license
- A hold in eligibility to obtain a Driver’s license
DUI and Drug Possession Penalties in Florida
DUI Penalties
First-time DUI Offenders:
- A max of 6-9 months incarceration
- License suspension of up to one year
- A mandatory interlock ignition device for BAC above 0.15%, which stops the automobile from turning on if alcohol is detected on the driver’s breath.
Second and Third Time DUI Offenders:
If a second conviction develops within 5 years of your first, or a third within 10 years of your 2nd, then consequences include:
- Up to 1 year in jail.
- $ 5,000 fee.
- License suspension for up to 5 years.
Drug Possession
Here are some typical Florida drug possession charges as defined by Florida Statutes:.
Marijuana: Having up to 20 grams of marijuana could lead to a maximum of five years in the penal institution.
Cocaine: Possessing up to 28 grams might result in a maximum of five years in the penal institution..
Ecstasy: Owning up to 10 grams of Ecstasy could lead to a maximum of five years in the penal institution.
Methamphetamine: Ownership of meth is a third-degree penalty, with a max sentence penalty of up to five years in state prison.
Reach Out to a Florida DUI Attorney and Narcotic Possession Lawyer
In the event that you have been detained for DUI and narcotic possession charge, then our Florida DUI lawyer and drug possession lawyer can help. They can fight to get your indictments dropped 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