How to Fight a Marijuana Driving Charge
Operating a vehicle under the influence of marijuana is a serious offense in Florida. Law enforcement treats these cases with the same weight as alcohol-related DUIs. If you’ve been charged with driving while impaired by cannabis, it’s important to understand your rights, the types of evidence used against you, and how an experienced Clearwater criminal lawyer can help fight the charges.
Evidence Used in DUI Cases
In Florida, it is illegal to drive while impaired by any substance, this includes marijuana. A person can be charged with DUI if law enforcement believes that their normal faculties are impaired, even if they have a medical marijuana card. That means if an officer suspects that marijuana use has affected your ability to operate a vehicle safely, you can face arrest and prosecution, regardless of whether the drug was legally obtained.
Unlike alcohol, which has a clear legal limit, marijuana impairment is more subjective. This opens the door to challenges, but also means the state may rely on less reliable evidence to make its case.
Law enforcement typically builds a marijuana DUI case based on a combination of:
- Observations by the officer, such as bloodshot eyes, the smell of cannabis, slowed speech, or sluggish reactions.
- Field sobriety tests, which are designed to detect physical and mental impairment. These tests are often difficult even for sober individuals and may be influenced by fatigue, medical conditions, or anxiety.
- Statements made during the traffic stop, including any admission of recent marijuana use.
- Toxicology tests, such as urine or blood samples, but these tests do not accurately measure current impairment, as THC can remain in the body for days or even weeks after use.
The lack of a scientifically reliable test to prove marijuana impairment at the time of driving is one of the biggest challenges prosecutors face, and a key opportunity for the defense.
Don’t Face Marijuana DUI Charges Alone
When you connect with an attorney, they can begin to fight DUI charges by challenging both the procedures used and the reliability of the evidence. For example, they can question the cause of the traffic stop and dispute field sobriety tests, because these tests are highly subjective and often improperly administered.
Challenging toxicology results could also be an option as THC levels don’t correlate clearly with impairment. A lawyer can present expert testimony to explain this to the court or jury. And if your Miranda rights weren’t read or proper procedures weren’t followed during the arrest, evidence could be thrown out.
A conviction for driving under the influence of marijuana can result in license suspension, fines, and even jail time, not to mention a permanent criminal record. With so much at stake, it’s critical to have a knowledgeable Clearwater criminal lawyer by your side.
Should you explore your defense options following an accusation of driving under the influence of marijuana? The attorneys at King Law Group are available to evaluate your case, explain your options, and build a defense strategy to protect your future. Schedule your confidential consultation today.