Possession of marijuana is still unlawful in the state of Florida, and it is unlawful to drive if you are under the influence of marijuana. It is listed in state law as a controlled substance under Chapter 893.
You should reach out to a drunk driving defense attorney if you are charged with driving while under the influence of marijuana. There are some differences in the case that a Winter Garden marijuana DUI attorney can further explain.
Depending on the facts of their case, a person will always want to hire a Winter Garden attorney when they are charged with a marijuana DUI. We have seen many people blow zeroes on a breathalyzer and provide a urine sample, and the officer still claims that they were under the influence of marijuana; and when the urine results come back, there is no trace of any drug in the driver’s system. An attorney knows how to get those results back in a timely manner.
Rather than run the risk of pleading to a charge that the state cannot prove, someone who is charged with a marijuana DUI should hire an attorney, because even if they think marijuana may show up in their urine, it could still come back clean for a variety of reasons, and that means the case needs to be dropped.
The defense to a marijuana DUI vs. an alcohol DUI is entirely different. We are not looking for a number on a breathalyzer like an alcohol-related DUI, we are looking at how the level of intoxication compares to the legal blood alcohol limit of 0.08, and we are looking at the effect on the person’s normal faculties. Even if the drug is present in the person’s system, that does not necessarily mean they were impaired by that drug at the time.
Video footage and the driver’s performance in the field sobriety exercises becomes even more important. It will be crucial to cross-examine the arresting officers on their knowledge and experience of how certain people can react differently to marijuana in their system.
Thus, we focus more on the person’s ability to perform the mental and physical acts of everyday life, as opposed to primarily focusing on their blood alcohol level. There is not a specific number that says a person has broken the law. It is just based on the totality of the circumstances and how that person was behaving and acting on the road and during the traffic stop.
The breath test is the big piece of evidence, and we are not going to see that in the marijuana DUI in Winter Garden because there is no test for blood alcohol level, there is a test for drugs instead. The primary piece of evidence for the state in the marijuana DUI is the SDLE lab results or the toxicology report from the urine or the blood test, as opposed to a printout from the breath test machine. Additionally, there may be video evidence and officer testimony. The biggest difference is what kind of scientific evidence the state tries to get their hands on and present to the jury.
The prosecution needs to prove that the defendant not only consumed marijuana and that it was in their system, but also that their normal faculties were impaired at the time they were operating a motor vehicle. By “normal faculties,” that means your ability to walk, talk, see, hear, judge distances, respond to emergencies, and otherwise perform the many mental and physical acts of everyday life. The prosecution must prove to a jury beyond a reasonable doubt that marijuana impaired their abilities.
Our criminal defense lawyers will work hard to address the charges you face, and aim for the lowest penalties or an outright dismissal. Call us and speak with a Winter Garden marijuana DUI lawyer now to discuss what you need to do next.
The Umansky Law Firm Criminal Defense & Injury Attorneys
