In Florida, a DUI vehicle driver can be charged for both operating a vehicle under the influence (DUI) and possession of illegal substances . If you’ve been determined to have illegal drugs in your motor vehicle, this supplementary criminal charge must be combated aggressively to evade serious penalties.
DUI and narcotic possession indictment are often linked, as people are charged for being under the influence of an illegal substance and also in possession of it. That being said, there are oftentimes scenarios where men and women are incorrectly indicted after taking the appropriate dosage of legally prescribed narcotics, or because they have been unlawfully arrested.
If this has happened to you, you can speak with a Florida Lawyer that deals with DUI and a lawyer that practices in narcotics possession as soon as possible to fight to have your indictments dropped or costs reduced.
What Is a DUI and Drug Possession Charge in Florida?
In Florida, a Driving Under the Influence (DUI) violation happens when a motorist handles a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while ‘under the influence’. This signifies, people are in certain cases indicted for a DUI despite the presence of not having had a drink, but because the police officer believes they are under the influence of drugs.
Motorists under the age of 21 are considered DUI if they are discovered with a BAC of 0.02% or more.
If you’ve been apprehended for a DUI, you should talk to a Florida DUI attorney.
In Florida, you can deal with additional indictments for a DUI.
A typical example is a drug possession charge. This violation happens when someone is identified in possession of a controlled or illegal substance for self use only. It does not apply to anyone who creates, merchandises, disperses a controlled substance – as this would be a Drug Trafficking charge.
Nevertheless, there are also various types of narcotic possession charges:
Actual Possession: Whenever banned drugs are identified on you, for example, in your hand or pocket.
Constructive Possession: When prohibited substances are identified in a place that you have authority over, which includes your vehicle.
Joint Possession: Whenever two or more men and women have shared control of the same unlawful drug.
In the case that you’ve been detained for a narcotic ownership indictment, you should call a Florida drug possession attorney.
What to Do If You’ve Been Arrested for a DUI and Drug Ownership?
Reach Out To a Criminal Defense Lawyer
In case you’ve been apprehended for a DUI and drug possession indictment, you need to quickly talk to a Florida DUI lawyer or narcotic possession attorney. You’re being confronted by two charges, both of which are highly severe and can lead to in life-changing penalties.
This is not the moment to risk or stall. Going 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 Possession Charges in Florida?
There are various defenses to DUIs and narcotic possession indictments in Florida that a DUI lawyer will turn to to help evade unnecessary penalties, prison time, motor vehicle license revocation and a criminal history.
Defense methods involve:
Unlawful Search and Seizure
In case your Fourth Amendment legal rights were ignored by an unlawful examination, your case may be dismissed completely, even in the scenario that narcotics were identified. The policeman must have a valid reason to halt and examine your motor vehicle.
Absence of Knowledge
A narcotic ownership charge in Florida may be dropped if you can prove that you didn’t know the substance was there.
For example, some defendants can show that they recently gave their motor vehicle to a colleague, or that they were giving other people a lift. This tactic may make it very hard for the State to show you knew the drugs were in the automobile, so the drug possession indictment can be dropped.
This is usual in cases where the narcotic quantity is so small that it is believable that the motorist had no idea the substance was in their vehicle.
You Were Taking Legal Prescription Drugs
Sometimes police officers believe drivers are under the influence and see medication in the automobile and jump to their own assumptions.
In case you have been detained for using a adequate amount of prescription drugs, you should not face a narcotic ownership accusation. If this has taken place to you, you should contact a Florida DUI lawyer and drug possession lawyer as soon as you can.
In case the policeman has confiscated your prescription medicine, a criminal defense attorney can contact the prosecutor to complete a laboratory result on the substance to demonstrate that it was completely legal to own.
For instance, a man was apprehended for the exercise supplements in his car. The officer saw the white powder, tested it and said it was amphetamine.
His DUI lawyer and drug possession lawyer reached out to the prosecutor before the lab outcome came back and demanded that they wait. Once the laboratory result came back, it verified that the drug was completely legitimate. Had the DUI lawyer and drug possession attorney not given the call, then their client would have been brought the courthouse on drug ownership accusations.
What Will Transpire to My Driver’s License?
A Driver’s license is routinely the top interest in a Florida DUI case. You must file a DUI hearing with the Department of Motor Vehicles within 10 days of your arrest. If you do not, your license suspension will be upheld.
A DUI hearing will not settle whether you are liable of a DUI indictment, but it will establish what happens to your license in the interim.
It’s important that you call a criminal defense lawyer as soon as possible to :protect your license.
If sentenced for a DUI and drug possession charge in Florida, you could also face:
- A revoked Motor Vehicle license
- A suspended Driver’s license
- A postponement in eligibility to receive a Motor Vehicle license
DUI and Narcotic Possession Penalties in Florida
First-time DUI Offenders:
- A maximum 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 turning on if alcohol is detected on the vehicle driver’s breath.
Second and Third Time DUI Offenders:
In the case that a second conviction occurs 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.
Here are some typical Florida drug possession charges as defined by Florida Statutes:.
Marijuana: Possessing up to 20 grams of marijuana may result in a max sentence of five years in the penal institution.
Cocaine: Having up to 28 grams might result in a max sentence of five years in the penitentiary..
Ecstasy: Owning up to 10 grams of Ecstasy might 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.
Contact a Florida DUI Attorney and Narcotic Possession Attorney
If you have been detained for DUI and drug possession charge, then our Florida DUI attorney and drug possession attorney can help. They can fight to get your indictments dropped 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