In Florida, driving under the influence (DUI) of marijuana is a serious offense that can result in severe legal consequences. The state has established a legal limit for THC (the active component in marijuana) in the bloodstream, and exceeding this limit while driving can lead to a DUI charge. This article will explore the relevant statutes, potential punishments, common defenses, and the importance of having skilled legal representation when facing such charges.
Relevant Statutes
Florida's DUI laws are strict and encompass not only alcohol but also controlled substances, including marijuana. The primary statute governing DUI offenses is Florida Statutes § 316.193, which outlines the penalties for driving under the influence of any impairing substance, including marijuana.
Florida Statutes § 316.193 states that a person is guilty of DUI if they are driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that their normal faculties are impaired. The statute also specifies that having a blood alcohol concentration (BAC) of 0.08% or more is prima facie evidence of impairment. However, for controlled substances like marijuana, the standard is different.
Florida has set a legal limit for THC in the bloodstream at 5 nanograms per milliliter (ng/mL) of blood. If a driver is pulled over and a blood test shows a THC level of 5 ng/mL or higher, they can be charged with a DUI. This limit is based on the recognition that THC can impair a person's ability to operate a vehicle safely, similar to alcohol impairment.
Additionally, Florida Statutes § 893.03 classifies marijuana as a Schedule I controlled substance. This classification means that marijuana is considered to have a high potential for abuse and no accepted medical use, although medical marijuana use has been legalized under certain conditions in Florida. Despite this, driving under the influence of marijuana remains illegal and subject to stringent penalties.
Potential Punishments for DUI of Marijuana
The penalties for a DUI of marijuana conviction in Florida are severe and can include fines, jail time, probation, and other consequences. These penalties are designed to deter impaired driving and protect public safety.
For a first offense DUI of marijuana, the potential penalties include fines ranging from $500 to $1,000, imprisonment for up to six months, and probation for up to one year. Additionally, the court may order the offender to complete a substance abuse course and perform community service. The offender's driver's license will also be suspended for a minimum of six months.
For a second DUI offense, the penalties increase significantly. Fines range from $1,000 to $2,000, and imprisonment can extend up to nine months. The offender will face probation, mandatory participation in a substance abuse program, and a longer driver's license suspension. If the second offense occurs within five years of the first, the offender will face a mandatory minimum of 10 days in jail, with at least 48 hours of consecutive confinement.
A third DUI offense within 10 years of the previous convictions is classified as a third-degree felony. The penalties for a third offense include fines ranging from $2,000 to $5,000 and imprisonment for up to five years. The offender's driver's license will be revoked for at least 10 years, and they will be required to install an ignition interlock device (IID) on their vehicle for at least two years. Additionally, the court may impose probation and mandate participation in a substance abuse program.
Beyond these legal penalties, a DUI conviction can have long-lasting consequences on a person's life. A criminal record can affect employment opportunities, educational prospects, and housing options. Insurance rates will likely increase, and the social stigma associated with a DUI conviction can impact personal relationships and reputation.
Common Defenses Against DUI of Marijuana Charges
Defending against a DUI of marijuana charge requires a thorough understanding of the legal principles and effective strategies. Several common defenses can be employed to challenge the prosecution's case and protect the defendant's rights.
One common defense is to challenge the legality of the traffic stop. Law enforcement officers must have reasonable suspicion to stop a vehicle. If it can be demonstrated that the stop was conducted without proper cause, any evidence obtained as a result may be deemed inadmissible in court. This can include the results of field sobriety tests, blood tests, or any statements made by the defendant.
Another defense strategy involves challenging the accuracy and reliability of the blood test used to measure THC levels. Blood tests must be administered according to strict protocols, and the equipment used must be properly maintained and calibrated. Any deviation from these protocols can result in inaccurate test results. Additionally, the presence of THC in the bloodstream does not necessarily correlate with impairment at the time of driving, as THC can remain in the system for days or even weeks after use.
Medical conditions and legal use of medical marijuana can also serve as defenses. If the defendant has a valid medical marijuana card and can demonstrate that they were using marijuana in accordance with state laws, this can be a mitigating factor. Moreover, certain medical conditions can produce symptoms that mimic impairment, such as neurological disorders or fatigue. Providing medical evidence to support these claims can help establish reasonable doubt.
Witness testimony can play a crucial role in a defense strategy. Passengers in the vehicle, other drivers on the road, or bystanders who observed the events leading to the arrest can provide statements that refute the prosecution's claims. Their testimony can help establish that the defendant was not impaired and challenge the credibility of the prosecution's evidence.
The Importance of Legal Representation
Facing a DUI of marijuana charge is a serious matter that requires expert legal representation. An experienced attorney understands the complexities of DUI law and can provide invaluable guidance and defense strategies. They are familiar with the nuances of Florida's DUI statutes and how to effectively challenge the prosecution's case.
A skilled attorney can develop a comprehensive defense plan tailored to the specifics of the case. This includes gathering evidence, identifying weaknesses in the prosecution's case, and preparing persuasive arguments for court. Effective negotiation can significantly impact the outcome of a case. Experienced attorneys can negotiate with the prosecution for reduced charges or lighter sentences, potentially avoiding the severe penalties associated with a DUI conviction.
An attorney ensures that the defendant's constitutional rights are protected throughout the legal process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed. With a proven track record of success, an attorney can provide the necessary legal support to navigate the complexities of a DUI case.
Why Choose Musca Law, P.A.
Musca Law, P.A. has a team of experienced DUI defense attorneys with a proven record of success in handling DUI cases. Their extensive experience and dedication to achieving favorable outcomes for clients demonstrate their commitment to providing top-notch legal representation.
Musca Law, P.A. offers full legal support, representing clients at all stages of the criminal justice process. They are available around the clock to address any legal concerns and provide the guidance needed to navigate the complexities of a DUI case.
Call Musca Law For Your Free Consultation
If you are facing a DUI of marijuana charge in Florida, it is crucial to act quickly and seek the assistance of a skilled attorney. Musca Law, P.A. offers experienced DUI defense attorneys with a proven record of success. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and future by contacting Musca Law, P.A. today for expert legal representation.