Orlando Driving in Possession of Controlled Substance Lawyer

In DUI cases, the type of controlled substance involved can significantly impact the legal proceedings and potential defenses. For instance, a person charged with driving under the influence of a legally prescribed medication may have a different defense than someone caught with illegal narcotics. It’s important to understand that even legally prescribed medications can lead to DUI charges if they impair a driver’s ability to safely operate a vehicle.

Florida’s approach to driving under the influence of controlled substances is stringent. The law does not differentiate much between illegal drugs, prescription drugs, or over-the-counter medications when it comes to DUI. If a substance impairs your ability to drive, it can lead to DUI charges. This underscores the importance of understanding both the legal definitions and the broad range of substances that can lead to DUI charges. For individuals facing such charges, it is crucial to be well-informed about these definitions and the specific circumstances of their case, as they can significantly influence the course of legal action and defense strategy.

If you are convicted of driving a commercial motor vehicle in the State of Florida while in possession of a controlled substance, prepare to face serious criminal charges, like having your driving privileges revoked for an entire year.

Have you been charged with possession of a controlled substance while driving?  If so, it is imperative that you seek the advice of an experienced Orlando DUI attorney who can represent you through the entire legal process and answer your questions about breath and blood tests, penalties for DUI, underage DUI, or other various related topics.

How Will an Orlando Driving in Possession of Controlled Substances Attorney Help Me?

When an individual is charged with driving in possession of a controlled substance in Orlando, Florida, they embark on a complex legal journey that encompasses several stages and critical decisions. Understanding this process is vital for anyone facing such charges.

The legal process typically begins with an arrest. Law enforcement officers must have probable cause to stop a vehicle and conduct a search that might lead to the discovery of a controlled substance. Once arrested, the individual will be booked and processed. The next step is the arraignment, where the charges are formally presented, and the defendant enters a plea of guilty, not guilty, or no contest.

Following the arraignment, pre-trial proceedings begin. This stage involves various motions and hearings, where your attorney may challenge evidence, request a dismissal of charges, or negotiate plea deals with the prosecution. It’s during this phase that the expertise of a seasoned DUI attorney becomes particularly valuable. They can scrutinize the evidence, question the legality of the search and seizure, and negotiate on your behalf.

If the case proceeds to trial, it will be heard either before a judge or a jury. During the trial, both the prosecution and defense will present their arguments, evidence, and witness testimonies. The burden of proof lies with the prosecution, which must prove beyond a reasonable doubt that you were driving in possession of a controlled substance.

An often overlooked but critical part of the process is the DMV hearing. This administrative proceeding determines the status of your driving privileges. It’s separate from the criminal case but equally important, as it can result in the suspension or revocation of your driver’s license.

Understanding each of these steps and how they interconnect is essential for anyone facing driving in possession of a controlled substance charges. The legal process can be daunting and complex, with each stage presenting its own challenges and opportunities. Having knowledgeable legal representation can significantly affect the outcome, as an experienced attorney can guide you through the maze of legal procedures, advocate on your behalf, and strive to achieve the best possible outcome.

Legal Definition and Types of Controlled Substances

In the State of Florida, particularly in Orlando, understanding the legal definition and types of controlled substances is crucial when facing DUI charges. A controlled substance is defined as any drug or chemical whose manufacture, possession, and use are regulated by the government under the United States Controlled Substances Act. This includes both illegal drugs and prescription medications that have the potential for abuse and dependence.

Controlled substances are categorized into “schedules” based on their potential for abuse and therapeutic value. Schedule I drugs, for example, are seen as the most dangerous, having a high potential for abuse and no recognized medical value. This includes drugs like heroin and LSD. Schedule II substances, while still having a high potential for abuse, may have some medical value. These include drugs like cocaine and methamphetamine. Prescription medications, which can be a common factor in DUI cases, often fall into Schedules III to V, encompassing drugs like certain painkillers, anti-anxiety medications, and sedatives.

Our Orlando Driving in Possession of Controlled Substance Law Firm Will Defend Your Rights

No one ever expects to be slapped with a DUI charge or any criminal charges, so the faster you talk to an Orlando DUI attorney, the faster someone at our firm can help protect your driving privileges.

Repercussions of any DUI related charge include paying exorbitant fees, losing your license, and possibly sitting behind bars.

Our legal team at Katz & Phillips, P.A. has years of experience defending clients with DUI charges in the Orlando, Florida area.  We work with our clients through every stage of the case from scheduling your DMV hearing and representing you in criminal court.  DUI charges can be overwhelming and stressful and our attorneys dedicate themselves to keep you apprised of your case every step of the way so you can receive the best possible outcome.

Contact an Orlando DUI defense lawyer from our firm today to find out how we could help with your DUI charges.


509 W Colonial Dr. Orlando, FL 32804

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Contact the Law Offices of Katz & Phillips today to speak with one of our attorneys about your case today by filling out the form below, or call us at 321-332-6864.


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