Can You Get a DUI for Marijuana Use While Driving in Florida?
According to Florida law, it’s illegal to drive under the influence of alcoholic beverages, chemical substances, or controlled substances. Operating a vehicle under any of the conditions above is against the law and will result in you being charged with a DUI.
If you find yourself in a situation where you are being accused of driving under the influence of marijuana, you are likely to be held to the same penalties as someone driving under the influence of alcohol, which could include expensive fines, license revocation, and even jail time.
To help defend yourself in a case like this, a defense attorney is necessary in order to make sure that you cover all of your bases and defend your case. Reach out to Chris Hersem at Hersem Law to learn more about your opportunities to get your charges reduced or dismissed.
Is Marijuana Legal in Florida?
Although marijuana use is increasingly common in the U.S. in recent years, that doesn’t mean it’s legal.
Some states have decided to pass a law making marijuana recreationally legal, but Florida is not one of those states, so marijuana, in general, is illegal. Even if it was legal, you would still face a DUI charge, meaning you may be facing multiple charges if you’re charged with possession of an illegal substance as well.
Determining Whether a Person Is Driving Under the Influence
Unlike a DUI for drunk driving, in which there’s a blood alcohol concentration (BAC) level you need to be over for a DUI, there is no such number for driving under the influence of marijuana.
Currently, there is no testing that can determine whether an individual is high on marijuana at any given time because drug tests only show if the drug is in your system, not when it was in your system.
For the prosecutor to successfully charge you with a DUI for driving under the influence of marijuana, they need to prove several things. They need to prove that you were in physical control of the vehicle first.
They must also prove that the substance you are being accused of being on has affected you to the point where your normal abilities are being impaired. For example, they may have found evidence of marijuana in your bloodstream after you’re pulled over for speeding, recklessly changing lanes, and other signs of impairment.
What Are the Consequences of a Marijuana DUI?
If you are accused of driving under the influence of marijuana, the consequences can vary greatly.
If you’re a first-time offender, the consequences may be less severe but still life-altering, with fines reaching up to $1,000, a maximum of six months in jail, and a one-year license suspension.
However, second-time offenders could face fines of up to $2,000, and up to nine months in prison. These numbers only grow with each offense and can lead to long-term penalties, such as a criminal record that impacts your life.
Talk to a Lawyer about Your DUI for Marijuana
Your attorney is ready to help you defend your case to get your charges reduced or dismissed with the best outcome possible. Your DUI lawyer is here to disprove the claims that are being made against you, and to ensure that you are taken care of.
Ready to speak with Hersem Law? Start with a free strategy session about your case. To seek yours, you simply need to call 813-251-7291 or complete the following online contact form.