Choosing a DUI or Narcotics Possession Lawyer

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Choosing a DUI or Narcotics Possession Lawyer

In Florida, a DUI vehicle driver might be reprehended for both driving intoxicated (DUI) and possession of illegal substances . If you've been determined to have illegal narcotics in your automobile, this supplementary criminal charge must be fought strongly to prevent major consequences.

DUI and drug possession indictment are usually connected, as people are charged for being under the influence of an illegal drug and also in ownership of it. Nevertheless, there are routinely instances where individuals are mistakenly indicted after taking the appropriate dosage of legally prescribed narcotics, or because they have been unlawfully arrested.

If this has taken place to you, you can consult a Florida Attorney that specializes in DUI and a attorney that practices in narcotics possession right away to fight to have your indictments brought down or penalties reduced.

What Is a DUI and Drug Possession Charge in Florida?

DUI

In Florida, a Driving Under the Influence (DUI) violation happens when a motorist handles a automobile with a blood alcohol concentration (BAC) of 0.08% or more or while 'under the influence'. This indicates, men and women are in certain cases indicted for a DUI despite the presence of not having had a alcoholic beverage, but because the policeman concludes they are under the influence of drugs.

Motorists 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 speak with a Florida DUI attorney.

Possession of Controlled Substances

In Florida, you can go up against additional criminal charges for a DUI.

A prevalent scenario is a drug possession charge. This offense happens when someone is identified in possession of a illegal or controlled substance for self use only. It does not apply to anyone who fabricates, sells, delivers a narcotic - as this would be a Drug Trafficking charge.

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

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

Constructive Possession: When illegal substances are discovered in a location that you have control over, such as your car.

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

If you've been arrested for a drug ownership criminal charge, you should get in touch with a Florida drug possession lawyer.

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

Consult With a Criminal Defense Attorney

Assuming that you've been arrested for a DUI and narcotic possession charge, you should immediately speak with a Florida DUI lawyer or narcotic possession attorney. You're confronting two charges, both of which are highly severe and can lead to in life-altering penalties.

This is not the moment to take chances or stall. Heading to a court of law and facing a future with a rap sheet can seriously affect your quality of life.

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

There are a range of defenses to DUIs and drug possession indictments in Florida that a DUI lawyer will turn to to help avert unnecessary penalties, jail time, driver’s license dismissal and a criminal reputation.

Defense strategies include:

Illegal Search and Confiscation

In case your Fourth Amendment legal rights were disobeyed through an unlawful examination, your case might be dismissed altogether, even in the case that paraphernalia were discovered. The authorities must have a legitimate cause to stop and investigate your car.

Inadequacy of Knowledge

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

For instance, some defendants can prove that they recently loaned their vehicle to a colleague, or that they were giving other passengers a ride. This method may make it very challenging for the State to prove you knew the drugs were in the motor vehicle, so the narcotic possession indictment can be dismissed.

This is common in cases where the drug amount is so tiny that it is reasonable that the motorist had no clue the narcotic was in their vehicle.

You Were Using Lawful Prescription Medicine

Sometimes policemen believe vehicle drivers are intoxicated and see medication in the automobile and rush to their own assumptions.

If you have been arrested for using a legal dose of prescription drugs, you shouldn't deal with a drug ownership charge. If this has taken place to you, you should reach out to a Florida DUI lawyer and narcotic possession attorney right away.

If the officer has seized your medication, a criminal defense attorney can call the prosecutor to run a laboratory result on the compound to demonstrate that it was entirely legal to possess.

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

His DUI attorney and narcotic possession attorney reached out to the prosecutor before the laboratory results came back and requested that they wait. Once the lab result came back, it verified that the drug was entirely lawful. Had the DUI attorney and narcotic possession lawyer not called, then their client would have went to court on drug ownership charges.

What Might Occur to My Driver's License?

A Motor Vehicle license is usually the top worry in a Florida DUI case. You must register a DUI hearing with the Department of Motor Vehicles within 10 days of your arrest. If you don't, your license dismissal will be decided.

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

It's very important that you contact a criminal defense attorney immediately to :protect 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 Motor Vehicle license
  • A temporary suspension of your Driver's license
  • A postponement in eligibility to acquire a Driver's license

DUI and Narcotic Possession Penalties in Florida

DUI Penalties

First-time DUI Offenders:

  • A max of 6-9 months incarceration
  • License restrictions of up to one year
  • A cumpolsary interlock ignition device for BAC above 0.15%, which prevents the motor vehicle from starting if alcohol is present on the driver's breath.

Second and Third Time DUI Offenders:

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

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

Narcotic Possession

Here are some prevalent Florida drug possession charges as defined by Florida Statutes:.

Marijuana: Possessing up to 20 grams of marijuana might result in a maximum of five years in the penitentiary.

Cocaine: Possessing up to 28 grams could lead to a maximum of five years in the penal institution..

Ecstasy: Owning up to 10 grams of Ecstasy may result in a maximum of five years in prison.

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

Contact a Florida DUI Lawyer and Drug Possession Attorney

In the event that you have been arrested for DUI and drug possession transgression, then our Florida DUI attorney and drug possession attorney can assist. They can fight to get your indictments dismissed 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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