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I was arrested for a 2nd DUI w/ 5 years and 1st time possession of 2 empty bags of cocaine is treatment in lieu of jail likely?

Hollywood, FL |

There was no bodily harm to either party in the crash and the bags were in a cigarette pack not on my person any help, thanks.

Attorney Answers 7

Posted

Well, you are looking at a minimum 10 days in jail because it is your second DUI within 6 years. Since there was an accident and you were on drugs, you could be looking at more. I would hire a good DUI attorney.

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Posted

No one on here can tell you the likelihood of treatment because that depends on a ton of factors such as priors, aggravators, and the specific facts. You need to consult with a local attorney so you can try to achieve the outcome you want.

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14 lawyers agree

Posted

You face mandatory drivers license suspension and at least ten days in the cooler so i would hire a local lawyer to help you. Sometimes you can get an inpatient treatment program in lieu of jail.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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11 lawyers agree

Posted

You cannot do treatment in lieu of the mandatory 10 days on the DUI, but the court may allow you to do treatment in lieu of any further incarceration the State may be seeking.

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Posted

First of all the possession of cocaine is a felony. There are two types of possession, actual and constructive. Actual possession is when the contraband is on your person, i.e. in your pocket, sock, hand, hat, etc. Constructive possession is when the contraband is not on your person but within your dominion and control. Constructive possession is VERY hard to prove absent a confession. Remember that nothing you post on this cite is protected and anything you say can be used against you. When you are charged with a felony your sentence is largly determined by the Criminal Punishment Code Scoresheet. If you score over 44 points you "score" prison, although the State can ask for prison on any felony case regardless of points over 22. In your case it will be important to know what your prior scorable history is to better gage what your chances of rehab will be. There are numerous exceptions to the scoresheet rules and an experienced criminal defense attorney can help put you in the best possible situation. As far as the DUI is concerned - A second DUI within 5 years below .15 is a fine of $1518; Up to 12 months probation; 5 year DL suspension; MANDATORY 10 days in jail up to 9 months in jail; 30 day vehicle impound; DUI school; victim impact panel, 2 year ignition interlock. If your blow was over .15 then the fines increase to $2558 and the possibillity of jail increases to up to 12 months jail. You can google Florida Statute 316.193 to read all about the DUI penalties in Florida. Good luck!

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Posted

Many of the other attorneys have given you good advice. I would only add that the DUI Statute DOES ALLOW treatment in lieu of mandatory jail time. It is the only acceptable alternative. Hire a good, knowldgeable, experienced DUI defense lawyer. If you need help finding someone you can depend on in your part of florida feel free to call me and I will help you. Good Luck

Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice. Www.orlandocriminalteam.com Www.orlandoduiteam.com Www.orlandoduilawfirm.com Www.flduilawfirm.com Www.orlandodivorceteam.com

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Posted

If convicted of the dui you are looking at 10 days in jail, and a minimum of 48 hours of the sentence must be consecutive if weekend jail is considered to satisfy the 10 days. But to answer your question, the court can order any time in jail to be spent in an approved treatment center. In regards to the drug cases, you might even be eligible for drug court/ diversion and possibly PTI- pre trial intervention.

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