Marijuana DUI

Driving while high on marijuana, or any other drug for that fact, is often called drugged driving. Even though drugs tend to have a more serious social stigma than alcohol, driving while intoxicated by marijuana has the same potential consequences as driving while intoxicated by alcohol in the state of Florida. In fact, driving while drunk and driving while high are treated the exact same and have the same punishments and standards. Even if you have multiple substances in your system, they are still treated the same.

According to the Florida statutes, persons can be charged with a DUI if they are driving or in control of a vehicle, under the influence of alcohol or some other substance, and their normal faculties are impaired. What makes this statue tricky is that people are impaired by different levels of alcohol or substance, meaning that there is not a one size fits all rule. The statute goes on to list the following as examples of impaired faculties:

• Ability to see
• Ability to walk
• Ability to talk
• Ability to judge distances
• Ability to drive an automobile
• Ability to make judgements
• Ability to act in emergencies

Much like any other type of DUI, you can get pulled over if your driving is reckless and there is reasonable cause for the officer to believe that you are under the influence. The officer can then ask you to submit a urine or blood test to see if any substances are in your system. Under Florida law, anyone who is driving a vehicle within the state has given implied consent for a blood or urine test. This means that refusing to submit such a test results in a first degree misdemeanor and potential jail time.

In the case that a DUI crash caused a serious injury or death, Florida police officers can force you to give a blood sample, meaning that you won’t have an option to refuse the test in the first place. Police can go as far as to force a sample if you do not cooperate with their requests.

For you to be found guilty of drugged driving, the prosecutor must prove beyond a reasonable doubt that you meet the following three criteria:

• In physical control of the vehicle
• Under the influence
• Affected by the substance so that your normal faculties were impaired

If your attorney can prove that you do not meet all three of these requirements, then you can win your case. Most often, casting doubt as to whether you were under the influence of a substance or whether the substance impaired your faculties are more likely to help you win a case than proving you were not in control of the vehicle. Remember: just because substances were found in your bloodstream does not mean you were impaired.

The consequences of a marijuana DUI conviction will depend on the number of times you have offended the statute. Here are the levels of penalties that you can get from a marijuana DUI according to offense:

First Offense

• Fine between $500 and $1000
• Jail time for up to 6 months
• License suspended between 180 days and 1 year
• 50 hours of community service with possible buyout at $10 an hour
• Impounded/immobilized vehicle for 10 days

Second Offense

• Fine between $1000 and $2000
• Jail time for up to 9 months
• License suspended between 180 days and 1 year
• 50 hours of community service with possible buyout at $10 an hour
• Impounded/immobilized vehicle for 10 days
• Mandatory ignition interlock
• Mandatory 1 year probation
• Mandatory psychosocial evaluation

Third Offense

• Fine between $2000 and $5000
• Jail time for up to 12 months
• License suspended for 1 year
• 50 hours of community service with possible buyout at $10 an hour
• Impounded/immobilized vehicle for 90 days
• Mandatory ignition interlock
• Mandatory 1 year probation
• Mandatory psychosocial evaluation

Third Offense within 10 Years of Second Offense – Felony

• Fine between $2000 and $5000
• Jail time between 30 days to 5 years
• Mandatory license suspended for 10 years
• 50 hours of community service with possible buyout at $10 an hour
• Impounded/immobilized vehicle for 90 days
• Mandatory ignition interlock
• Mandatory 1 year probation
• Mandatory psychosocial evaluation

Fourth Offense – 3rd Degree Felony

• Fines up to $5000
• 5 years in prison
• Penalties for third offense

Other Penalties Not Covered by Law

On top of the legal consequences of a marijuana DUI, drugged driving comes with several other penalties that are not enacted by law. One of these penalties can be difficulty sustaining a reliable income. This is because certain jobs may fire you for a marijuana DUI. Additionally, if you have a prohibited license or your car is impounded, it can be impossible to get to work. This causes you to have a strain on your income.

Drugged driving also has serious social ramifications. Your family, friends, and coworkers may view or treat you different if you’re found guilty of a marijuana DUI. Though social ramifications may not seem as serious as legal ones, they actually impact your life more so given that you cannot escape them at times.

If you have been charged with drugged driving, you must hire a marijuana DUI lawyer. The legal realm is confusing, especially to someone who has never fought the fight before. Hiring an experienced marijuana DUI lawyer can help you navigate the terrain so that your rights are not violated, and you can potentially win your case.

The next thing you should do is educate yourself on Florida penalties so that you are more educated and equipped to discuss the charge in the language of the system. If you hire an experienced lawyer, they will be able to help you with this step so that you are completely knowledgeable about the charge against you.

Lastly, make sure that you do not get pulled over for reckless driving or driving under the influence. If another blemish comes on your record, you will have even more trouble winning your case and the judge will not be as lenient as before. Try your best to be as well behaved as possible during this time.

The first step to winning your case is to hire an experienced marijuana DUI lawyer. A DUI lawyer can help you lessen the charges or potentially win the case entirely. They will do this by enacting techniques that have a history of working in the Florida law system.

Some of these techniques made include the following:

• Prove the initial stop was unlawful
• Prove that the prosecution failed to prove that you were in control of the vehicle, under the influence of a substance, or impaired by the substance
• Exclude evidence from a vehicle search if there was no probable cause to search the car in the first place

Throughout every step of the process, a competent lawyer ensures that your rights are protected. This includes arguing your case in court, facing your accuser, and discrediting any untrue allegations. Talk to a DUI lawyer today if you have been charged with drugged driving. Only through tireless efforts of an experienced attorney will you be able to fully protect yourself and potentially win your case.

Here at Meltzer & Bell, P.A., we work to defend those charged with a marijuana DUI so that their rights are protected, and they get as little of a sentence as possible. By working tirelessly, we create a case that fights for your behalf and helps you get back on your feet. If you have a drugged driving charge, call us today for a consultation.