Tampa Medical Marijuana DUI Defense Lawyers

Florida Medical Marijuana DUI Laws, Case Process, Penalties, and Defenses

In recent years, the use of medical marijuana has become increasingly popular for the treatment of various health conditions. Florida, like many other states, has legalized the use of marijuana for medical purposes. However, driving under the influence (DUI) of medical marijuana is still illegal in the Sunshine State. In this comprehensive article, we will explore the intricacies of Florida's medical marijuana DUI laws, the criminal case process, how a defense attorney can help defendants, the penalties, and more.

Florida Medical Marijuana DUI Statutes and Definitions

The relevant Florida statutes and definitions pertaining to medical marijuana DUI are as follows:

  1. Florida Statute §316.193: This statute defines driving under the influence and establishes the penalties for DUI offenses, including those involving medical marijuana.
  2. Florida Statute §381.986: This statute governs the use of medical marijuana in Florida, including its production, distribution, and use by qualifying patients. It also outlines the legal limitations for medical marijuana users, such as not operating a motor vehicle while under the influence.
  3. Florida Statute §322.34: This statute outlines the penalties for driving with a suspended or revoked license, which can result from a medical marijuana DUI conviction.

Navigating the Complexities of Medical Marijuana DUI Laws

Understanding the complexities of medical marijuana DUI laws in Florida is crucial in order to effectively navigate the legal system and defend against charges. In this section, we will delve deeper into these complexities and provide additional information on key aspects of medical marijuana DUI laws.

Understanding the Difference Between Medical Marijuana and Recreational Marijuana DUIs

While medical marijuana is legal in Florida, recreational marijuana remains illegal. However, the laws governing DUIs for both types of marijuana are essentially the same. Regardless of whether the marijuana use was for medical or recreational purposes, it is still illegal to operate a motor vehicle while impaired.

The Importance of Establishing Impairment

One of the main challenges in medical marijuana DUI cases is establishing impairment. Unlike alcohol, where a blood alcohol concentration (BAC) of 0.08% or higher is considered impaired, there is no such definitive threshold for marijuana. This means that the prosecution must rely on other evidence, such as field sobriety tests, officer observations, and expert testimony, to prove that the defendant was impaired.

The Role of Medical Marijuana Cardholders

Being a medical marijuana cardholder does not exempt you from DUI laws in Florida. Although you are legally allowed to possess and consume marijuana for medical purposes, you are still required to comply with DUI laws and refrain from driving while impaired.

Understanding Florida's Implied Consent Laws

Florida's implied consent laws require drivers to submit to chemical testing if they are arrested for a DUI. Refusing to submit to a blood, breath, or urine test can result in an automatic driver's license suspension, even if you are not ultimately convicted of a DUI. However, in medical marijuana DUI cases, blood or urine tests may be used to detect the presence of marijuana, but these tests may not conclusively prove impairment.

Field Sobriety Tests in Florida Medical Marijuana DUI Cases

Field sobriety tests are commonly used by law enforcement officers to determine if a driver is impaired. However, these tests may not be as reliable in medical marijuana DUI cases as they are in alcohol-related DUIs. Factors such as an individual's tolerance for marijuana, the specific method of consumption, and the time elapsed since consumption can all impact the accuracy of field sobriety tests. An experienced DUI defense attorney can challenge the validity of these tests and argue that they do not accurately demonstrate impairment.

The Potential Impact of Medical Marijuana DUIs on Employment

A medical marijuana DUI conviction can have significant ramifications on your employment prospects. Some employers may be hesitant to hire someone with a DUI conviction, particularly in industries that require driving or operating heavy machinery. Additionally, certain professional licenses and certifications may be jeopardized by a DUI conviction. It is essential to have a skilled defense attorney who can help minimize the impact of a medical marijuana DUI on your career and future prospects.

Prescription Drug DUIs and Medical Marijuana DUIs

While medical marijuana DUIs present unique challenges, they are not the only type of DUI involving prescribed substances. Prescription drug DUIs, which involve the use of legally prescribed medications, can also result in impaired driving charges. The same basic principles apply to both types of cases: it is illegal to operate a motor vehicle while impaired by any substance, regardless of whether it was legally obtained and used for medical purposes.

Understanding the Burden of Proof in Florida Medical Marijuana DUI Cases

In any criminal case, the burden of proof rests with the prosecution. They must prove every element of the offense beyond a reasonable doubt to secure a conviction. In medical marijuana DUI cases, this burden can be particularly challenging due to the lack of a definitive threshold for impairment. By raising reasonable doubt as to whether the defendant was impaired, a skilled defense attorney can help prevent a conviction.

Medical Marijuana DUIs and Minors

Minors charged with medical marijuana DUIs face additional challenges and penalties. In Florida, drivers under the age of 21 are subject to a zero-tolerance policy for any amount of alcohol or drugs in their system. This means that even if a minor has a valid medical marijuana card, they can still face DUI charges for having any detectable amount of marijuana in their system while driving.

Penalties for minors convicted of a medical marijuana DUI can include mandatory drug and alcohol education programs, community service, license suspension or revocation, and fines. A skilled DUI defense attorney can help minors navigate the complexities of the legal system and work to minimize the impact of a medical marijuana DUI conviction on their future.

Medical marijuana DUIs are complex cases that require a thorough understanding of Florida's DUI laws and the unique challenges presented by marijuana impairment. If you or a loved one is facing a medical marijuana DUI charge, it is essential to have an experienced and knowledgeable DUI defense attorney on your side.

At Musca Law, P.A., our team of dedicated attorneys understands the intricacies of medical marijuana DUI cases and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Don't let a medical marijuana DUI conviction derail your future – call us 24/7 at our toll-free number, 1-888-484-5057, to schedule a free consultation and discuss your options with our skilled legal team.

Criminal Case Process and Role of a Tampa Medical Marijuana DUI Defense Attorney

If you are arrested for a medical marijuana DUI, it is crucial to understand the criminal case process and the role a defense attorney plays in helping you navigate this complex legal landscape. The process typically unfolds as follows:

  1. Arrest and Booking: After being pulled over and arrested for a suspected DUI, you will be booked and processed at a local police station.
  2. First Appearance: Within 24 hours of your arrest, you will attend a first appearance hearing, where a judge will inform you of the charges against you, and determine if there is probable cause for your arrest. A defense attorney can argue for a reduced bond or release on your own recognizance (ROR).
  3. Arraignment: At the arraignment, the defendant enters a plea (guilty, not guilty, or no contest). A defense attorney can file motions to suppress evidence, challenge the legality of the arrest, or request additional discovery.
  4. Pre-Trial Conference: During this phase, your defense attorney will negotiate with the prosecutor to secure a favorable plea agreement or, if necessary, set the case for trial.
  5. Trial: If your case proceeds to trial, your defense attorney will present evidence, cross-examine witnesses, and argue on your behalf. The prosecution must prove every element of the DUI charge beyond a reasonable doubt to secure a conviction.
  6. Sentencing: If convicted, the judge will impose a sentence based on the severity of the offense, your criminal history, and other factors. Your defense attorney can argue for a more lenient sentence, such as probation or a reduced period of incarceration.

Penalties for Medical Marijuana DUI in Tampa

The penalties for a medical marijuana DUI in Florida vary depending on factors such as prior convictions and the presence of aggravating circumstances. Penalties may include:

First Offense: Up to six months in jail, a fine between $500 and $1,000, license suspension for 180 days to one year, and 50 hours of community service.

Second Offense (within five years): Up to nine months in jail, a fine between $1,000 and $2,000, license suspension for five years, and the installation of an ignition interlock device for one year.

Third Offense (within ten years): Third-degree felony charge, up to five years in prison, a fine up to $5,000, license suspension for ten years, and the installation of an ignition interlock device for two years.

Fourth or Subsequent Offense: Third-degree felony charge, up to five years in prison, a fine up to $5,000, and permanent license revocation.

Aggravating circumstances, such as causing bodily harm or property damage, can lead to even more severe penalties.

Elements the Prosecution Must Prove Beyond a Reasonable Doubt

To secure a conviction for a medical marijuana DUI, the prosecution must prove the following elements beyond a reasonable doubt:

1.    The defendant was in actual physical control of a vehicle.
2.    The defendant was under the influence of medical marijuana.
3.    The defendant's normal faculties were impaired due to the influence of medical marijuana.

Negative Consequences of a Medical Marijuana DUI Conviction

A medical marijuana DUI conviction can have far-reaching consequences beyond the immediate penalties. These consequences may include:

  1. 1.    A permanent criminal record.
  2. 2.    Increased insurance premiums or difficulty obtaining insurance.
  3. 3.    Loss of employment or difficulty finding new employment.
  4. 4.    Difficulty securing housing or educational opportunities.
  5. 5.    Loss of professional licenses or certifications.
  6. 6.    Strain on personal relationships and damage to one's reputation.

Top 10 Potential Medical Marijuana DUI Defenses

An experienced DUI defense attorney can explore various defenses to help you fight a medical marijuana DUI charge. Some potential defenses include:

  1. Challenging the legality of the traffic stop.
  2. Arguing that the defendant was not in actual physical control of the vehicle.
  3. Challenging the accuracy or reliability of field sobriety tests.
  4. Questioning the qualifications of the officer administering the tests.
  5. Challenging the chain of custody or handling of blood or urine samples.
  6. Arguing that the defendant's normal faculties were not impaired.
  7. Presenting evidence of a medical condition that may have caused impairment or mimic impairment.
  8. Challenging the admissibility of statements made by the defendant.
  9. Demonstrating that the defendant was not under the influence of medical marijuana at the time of the alleged offense.
  10. Presenting character evidence or other testimony that may cast doubt on the prosecution's case.

How an Experienced DUI Defense Attorney Helps the Accused

An experienced DUI defense attorney can provide invaluable assistance in defending against a medical marijuana DUI charge. They can:

  1. Evaluate the strengths and weaknesses of your case.
  2. Develop a tailored defense strategy.
  3. Negotiate with the prosecution for a favorable plea deal or dismissal of charges.
  4. File pre-trial motions to suppress evidence or challenge the legality of the arrest.
  5. Advocate on your behalf during trial, presenting evidence, and cross-examining witnesses.
  6. Argue for a more lenient sentence in the event of a conviction.
  7. Assist with the appeals process, if necessary.

If you or a loved one is facing a medical marijuana DUI charge in Florida, it is essential to have skilled legal representation to protect your rights and ensure the best possible outcome for your case. The experienced attorneys at Musca Law, P.A., are dedicated to providing aggressive and effective DUI defense. Available 24/7 to discuss your case, call our toll-free number at 1-888-484-5057 to schedule a free consultation. Our team will work tirelessly to help you navigate the complex legal landscape and fight for your rights.