Understanding the Legal Strategies for Marijuana DUI Defense in Florida
Driving under the influence (DUI) charges involving marijuana present unique challenges in Florida. Unlike alcohol-related DUIs, marijuana impairment cannot be measured by a standard breathalyzer test. Instead, these cases often hinge on subjective observations by law enforcement and controversial testing methods. If you’ve been accused of driving under the influence of marijuana, understanding how a DUI lawyer can build a strong defense is critical.
Understanding Marijuana DUI Charges in Florida
In Florida, it is illegal to operate a vehicle while impaired by any substance, including marijuana. Under Florida Statutes § 316.193, a person can be charged with DUI if their normal faculties are impaired due to drugs, alcohol, or a combination of both. “Impairment” means that the individual cannot perform routine tasks, such as driving or making quick decisions, with the same skill or safety as an unimpaired person.
For marijuana-related DUIs, the prosecution typically relies on evidence such as:
- The officer’s observations (e.g., bloodshot eyes, the smell of marijuana, or slow reactions).
- Field Sobriety Tests (FSTs): These physical coordination tests are highly subjective and may not account for medical conditions or other factors unrelated to marijuana use.
- Blood or urine tests: These may detect THC, the psychoactive component in marijuana. However, THC can remain in the body for weeks after use, long after its impairing effects have subsided.
Key Defenses Against Marijuana DUI Charges
A successful defense against marijuana DUI charges often involves challenging the reliability of the evidence, the procedures followed by law enforcement, and the prosecution’s ability to prove impairment beyond a reasonable doubt.
1. Challenging Observations by Law Enforcement
Many marijuana DUI arrests begin with an officer’s subjective assessment, including claims of bloodshot eyes, dilated pupils, or the smell of marijuana. These observations are often insufficient to prove impairment. Your lawyer can question the officer’s training and whether other factors, such as allergies, fatigue, or legal CBD products, could explain these signs.
2. Questioning the Legality of the Traffic Stop
Under Florida Statutes § 316.1906, law enforcement must have probable cause to pull you over. If the officer cannot demonstrate a valid reason for the stop, such as erratic driving or a traffic violation, the case could be dismissed based on an unlawful stop.
3. Challenging Field Sobriety Tests
Field Sobriety Tests are designed to measure physical coordination but are not reliable indicators of marijuana impairment. Factors such as medical conditions, nerves, or poor road conditions can lead to unfair results. A DUI lawyer will work to discredit the reliability of these tests in court.
4. Disputing THC Test Results
Unlike alcohol, there is no legal limit for THC in Florida to determine impairment. Blood or urine tests can only confirm the presence of THC, not whether you were under its influence while driving. Moreover, THC metabolites can linger in your body for days or weeks. Your lawyer can challenge the testing methods, chain of custody, or whether the results actually prove impairment at the time of driving.
5. Highlighting Alternative Explanations for Behavior
Behavior such as slow reaction times or difficulty following instructions may be unrelated to marijuana use. Stress, medical conditions, or other legal medications can mimic signs of impairment. An experienced attorney will work to present alternative explanations that cast doubt on the prosecution’s case.
The Legal Ramifications of a Marijuana DUI Conviction in Florida
A marijuana DUI conviction in Florida carries severe penalties, including:
- Fines: Up to $1,000 for a first offense.
- License Suspension: At least six months.
- Jail Time: Up to six months for a first offense.
- Probation: Mandatory probation and community service.
- Ignition Interlock Device: Required for repeat offenders or in cases involving aggravating circumstances.
These penalties are compounded by the long-term consequences of a criminal record, which can affect employment, housing, and educational opportunities.
Why Hiring a DUI Lawyer Is Essential for Marijuana DUI Charges
Marijuana DUI cases involve complex legal and scientific issues that require a comprehensive defense strategy. By working with a DUI lawyer, you gain access to resources and legal knowledge to challenge the prosecution’s case effectively. We examine every aspect of your arrest, from the legality of the traffic stop to the reliability of evidence, and fight to protect your rights.
FAQs About Defending Marijuana DUI Charges in Florida
Can I be charged with a DUI in Florida if marijuana is legal in my state?
Yes, Florida law prohibits driving while impaired, regardless of whether marijuana use is legal in your home state. Florida Statutes § 316.193 applies to impairment caused by any substance. The prosecution does not need to prove the marijuana was obtained legally; they only need to argue that its use impaired your ability to drive. However, the presence of THC alone does not confirm impairment, and this distinction is often key to your defense.
How do Florida courts determine marijuana impairment without a legal THC limit?
Unlike alcohol, Florida does not have a per se THC limit to determine impairment. Instead, courts rely on evidence such as officer observations, field sobriety test results, and blood or urine tests. A DUI lawyer can argue that these methods are unreliable or fail to conclusively prove impairment. For instance, blood tests may show the presence of THC days after use, which has no bearing on whether you were impaired while driving.
Can CBD use result in a marijuana DUI charge?
Yes, using CBD products can lead to a marijuana DUI charge in Florida if an officer believes you are impaired. Some CBD products may contain trace amounts of THC, which can appear on blood or urine tests. However, a DUI lawyer can present evidence showing that legal CBD use does not impair driving abilities, challenging the officer’s observations or the prosecution’s interpretation of test results.
What should I do if I’m pulled over on suspicion of marijuana DUI?
Stay calm and follow these steps:
- Provide your license, registration, and insurance upon request.
- Avoid volunteering information about marijuana use or other substances.
- Politely decline to answer questions without a lawyer present.
- Do not consent to field sobriety tests or chemical tests without understanding the legal consequences.
Contact a DUI lawyer immediately to protect your rights and begin building your defense.
Can I refuse a blood or urine test in a marijuana DUI case?
Under Florida’s implied consent laws, refusing a chemical test may result in an automatic license suspension. Refusing a test can also be used against you in court as evidence of impairment. However, a DUI lawyer can argue that the refusal does not necessarily indicate guilt and may challenge the officer’s justification for requesting the test in the first place.
Contact 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.