Understanding Marijuana DUI Charges in Florida and How a Lawyer Can Fight for Your Rights

Facing a DUI charge involving marijuana in Florida can be overwhelming and confusing. Unlike alcohol-related DUIs where law enforcement relies on breathalyzer results, marijuana impairment cases rely on subjective assessments and flawed testing methods. If you've been arrested for a marijuana-related DUI, it’s important to understand your rights and the legal strategies available for your defense.

Let’s explore what a marijuana DUI involves, the potential consequences, and how a Florida DUI defense attorney can defend you against these charges.

What Is a Marijuana DUI in Florida?

A DUI involving marijuana occurs when a person is accused of operating a vehicle while impaired by cannabis. Florida law defines driving under the influence (DUI) under Florida Statutes § 316.193, making it illegal to operate a motor vehicle while:

  • Impaired by a chemical or controlled substance to the extent that normal faculties are affected.
  • Having a blood alcohol concentration (BAC) of 0.08% or higher.

While BAC is a measurable standard for alcohol, marijuana-related DUIs lack a universally accepted threshold for impairment. This gap in testing can lead to wrongful arrests based on subjective observations by law enforcement.

How Marijuana Impairment Is Evaluated in Florida

Unlike alcohol, marijuana is not easily detected through roadside breath tests. Instead, officers rely on:

  1. Field Sobriety Tests (FSTs)

    • Officers often use FSTs like the walk-and-turn test or one-leg stand to assess coordination. However, these tests are subjective and can be influenced by factors unrelated to impairment, such as medical conditions, fatigue, or anxiety.

  2. Drug Recognition Experts (DREs)

    • Some Florida officers are trained as Drug Recognition Experts, focusing on physiological signs of drug use. However, these evaluations are subjective and open to error.

  3. Urine or Blood Testing

    • Florida uses chemical tests to detect THC (tetrahydrocannabinol) in a driver’s system. However, THC can remain in the body for weeks after use, making it a poor indicator of impairment at the time of driving.

Consequences of a Marijuana DUI in Florida

A conviction for a marijuana DUI in Florida carries serious penalties. Under Florida Statutes § 316.193, the consequences include:

  • First Offense:

    • Up to 6 months in jail
    • Fines ranging from $500 to $1,000
    • License suspension for 6-12 months
    • Probation and mandatory DUI school

  • Second Offense (within 5 years):

    • Minimum 10 days in jail
    • Fines up to $2,000
    • License suspension for 5 years
    • Ignition interlock device requirement

  • Third Offense (within 10 years):

    • Felony DUI charge
    • Up to 5 years in prison
    • Fines up to $5,000
    • 10-year license suspension

Additional factors, such as causing an accident, property damage, or having a minor in the vehicle, can lead to enhanced penalties, including felony charges and extended jail time.

Best Defenses Against Marijuana DUI Allegations in Florida

While a marijuana DUI charge is serious, it does not guarantee a conviction. Several defense strategies can challenge the evidence presented against you.

1. Lack of Probable Cause for the Traffic Stop

Officers must have a valid reason to stop your vehicle, such as a traffic violation or erratic driving. If the stop was made without reasonable suspicion, any evidence collected afterward may be inadmissible in court.

2. Flawed Field Sobriety Tests (FSTs)

Field sobriety tests are highly subjective and can be influenced by medical conditions, nervousness, or poor instructions. If these tests were the primary basis for your arrest, we can argue their unreliability in court.

3. Presence of THC Doesn’t Equal Impairment

THC can remain in the body long after its effects wear off. If your arrest relied on a positive THC test without evidence of impairment at the time of driving, the prosecution’s case weakens significantly.

4. Improper Testing Procedures

Florida law requires strict compliance with chemical testing protocols. If the urine or blood test was improperly conducted, the results could be suppressed as evidence.

5. No Evidence of Impairment

In some cases, even with a positive test, the prosecution may lack evidence of actual impairment. Absence of erratic driving, lack of coordination issues, or coherent communication can be used as a defense.

6. Violation of Constitutional Rights

If your rights were violated during the arrest process, such as failure to advise you of Miranda Rights or coercion during testing, the evidence may be excluded.

The Importance of Retaining a Private DUI Defense Attorney

Hiring a private DUI defense attorney is crucial when facing marijuana DUI charges. Here’s how private legal representation can benefit your case:

  • Personalized Legal Strategy:
    A private attorney can provide focused attention on your case, tailoring defense strategies based on the evidence.

  • Challenging Evidence:
    We have the time and resources to thoroughly investigate the traffic stop, testing procedures, and arrest process.

  • Handling the DHSMV Hearing:
    After a DUI arrest, you have only 10 days to request a DHSMV hearing to contest your license suspension. A private lawyer can handle this process and fight for your driving privileges.

  • Experience in DUI Litigation:
    An experienced DUI attorney can effectively question the credibility of field sobriety tests, chemical testing methods, and officer observations.

  • Reducing or Dismissing Charges:
    A private attorney can negotiate for reduced charges, pretrial diversion programs, or even a dismissal if the evidence is weak.

Facing DUI charges alone can be overwhelming. The legal system is complex, and the consequences are serious. Securing private counsel gives you the best chance to protect your rights and minimize penalties.

Florida DUI FAQs

Can I be charged with a DUI in Florida for using medical marijuana?
Yes. Florida law does not exempt medical marijuana users from DUI charges. Even with a valid prescription, driving while impaired can result in an arrest under Florida Statutes § 316.193. However, the presence of THC alone doesn’t prove impairment, making legal defense strategies critical in such cases.

What happens if I refuse a drug test during a marijuana DUI stop in Florida?
Refusing a chemical test during a DUI stop can lead to immediate license suspension under Florida’s Implied Consent Law. A first refusal results in a one-year suspension, while a second refusal can lead to a first-degree misdemeanor and longer suspensions.

Can I lose my license for a marijuana DUI in Florida?
Yes. A marijuana DUI conviction can result in a license suspension ranging from 6 months to 5 years, depending on prior offenses and the severity of the case. However, a hardship license may be available in certain situations.

How can a DUI defense attorney challenge a marijuana DUI?
A DUI defense attorney can challenge the case by questioning the reliability of chemical tests, the legality of the traffic stop, and the officer's observations of impairment. Identifying procedural errors can also lead to evidence suppression.

Is marijuana DUI treated the same as alcohol DUI in Florida?
Yes, both offenses fall under Florida Statutes § 316.193. However, marijuana DUIs often rely on more subjective testing methods, making them more defensible when challenged properly.

C​​​​​​ontact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.