Can You Be Charged With DUI for Marijuana in Florida?

Understanding Marijuana-Related DUI Charges and How a Florida Drunk Driving Defense Lawyer Can Fight for Your Rights

When people think of DUI charges, they often assume it involves alcohol. But in Florida, you can be charged with driving under the influence of marijuana—even without a drop of alcohol in your system. Marijuana DUI cases are treated just as seriously as alcohol-based ones, and they can carry the same harsh penalties, from license suspension to time in jail. If you’re facing these charges, it's not something you can afford to ignore or try to handle alone.

As a Florida Drunk Driving Defense Lawyer, I’ve defended countless clients in marijuana-related DUI cases throughout the state. These cases are often built on shaky ground, and the law allows room to challenge the evidence. But without a private defense attorney who knows how to dissect these charges, you could be walking into a courtroom completely unprepared.

Let me walk you through the law, how marijuana DUIs are prosecuted in Florida, the defenses we use to challenge them, and why having a private lawyer makes all the difference in securing your future.

FLORIDA DUI LAW: WHAT THE STATUTE SAYS ABOUT MARIJUANA

Under Florida Statute §316.193(1), the law defines DUI broadly enough to include not just alcohol but drugs like marijuana:

“A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.”

Chapter 893 includes marijuana, whether you smoked it, ate it, or used it in some other form. If law enforcement believes your use of cannabis impaired your ability to drive safely, you can be charged with DUI—even without a roadside breath test, since those only measure alcohol.

There is no per se limit for marijuana like there is for alcohol. That means there’s no number like .08% to prove impairment. Instead, the officer’s opinion, field sobriety exercises, and the results of blood or urine testing often become the prosecution's main tools.

HOW MARIJUANA DUI CHARGES ARE DIFFERENT

Unlike alcohol DUIs, marijuana-based DUI cases often lack clear and reliable scientific evidence. THC can stay in your system for days or even weeks, long after any impairment has worn off. That makes it very different from alcohol, where impairment generally matches up with blood alcohol levels. Prosecutors rely heavily on observations made by the arresting officer, such as:

• Bloodshot eyes

• Slow speech

• Odor of cannabis

• Body tremors

• Admission of use

• Poor performance on field sobriety exercises

But these signs can be caused by fatigue, anxiety, prescription medications, or even health conditions. The officer’s interpretation is not always accurate, and my job as your defense attorney is to challenge every piece of it.

LEGAL DEFENSES TO A MARIJUANA DUI IN FLORIDA

As a Florida Drunk Driving Defense Lawyer, I’ve used several successful defenses to get marijuana DUI charges dismissed or reduced. Here are some of the strategies that have worked in real cases:

1. Challenging the Stop
If the officer lacked reasonable suspicion to stop your vehicle, any evidence gathered afterward—statements, observations, test results—could be thrown out. I examine dashcam footage and police reports line by line.

2. Disputing Impairment
There’s no legal THC limit in Florida. If the state can’t prove that your ability to drive was actually impaired at the time, that’s not enough to support a conviction.

3. Questioning Field Sobriety Tests
These tests were developed for alcohol, not marijuana. Performance can be affected by medical conditions, anxiety, or even poor lighting. I often bring in experts to testify about how unreliable these exercises can be.

4. Faulty Test Results
Urine tests don’t prove impairment. They only show that marijuana was in your system at some point. That’s not the same as being impaired while driving. Blood tests are more specific but still open to chain-of-custody and contamination challenges.

5. Improper Drug Recognition Evaluation (DRE)
DRE officers go through limited training and often rely on subjective assessments. We can attack the qualifications of the officer and the process used to make the call.

WHY YOU NEED A PRIVATE DEFENSE ATTORNEY

Public defenders are hardworking, but they’re often overloaded and don’t have the time to dig into every angle of your case. Marijuana DUI cases are too complex to leave to chance. You need someone who can:

• Request and analyze video footage and test records

• Cross-examine police officers effectively

• Bring in toxicology or medical experts

• Negotiate for pretrial diversion or dismissal

As your private Florida Drunk Driving Defense Lawyer, I take the time to understand the full story, investigate every detail, and push back hard against flawed charges.

REAL CASE EXAMPLE: DUI CHARGES DISMISSED AFTER BLOOD TEST CHALLENGED

A client in Miami was pulled over for speeding, and the officer claimed he smelled marijuana. The driver admitted to using a legal THC product two days earlier. He was arrested after doing field sobriety exercises and asked to submit to a blood draw. The toxicology report showed the presence of THC metabolites.

We filed a motion to suppress the blood evidence due to an improper warrant process. The judge agreed that the warrant lacked sufficient probable cause and ruled the blood results inadmissible. Without the test, the prosecution had no solid evidence of impairment. The DUI charge was dismissed, and my client kept his license and avoided a criminal record.

PENALTIES FOR MARIJUANA DUI IN FLORIDA

Even though the DUI was based on cannabis and not alcohol, the penalties are just as serious. A first-time conviction can include:

• Up to 6 months in jail

• A fine between $500 and $1,000

• License suspension for up to one year

• 10-day vehicle impoundment

• Mandatory DUI school

• Possible probation

If someone was injured, or if you had a prior DUI, the penalties increase sharply. These consequences can affect your career, your family, and your freedom.

OTHER STATUTES THAT MAY APPLY

In addition to §316.193, marijuana DUI charges can involve:

• §893.13 – If you had marijuana in your vehicle or on your person, you could face a possession charge.

• §322.2615 – This governs administrative suspension of your license by the DMV for DUI arrests.

• §316.1932 – Implied consent law for chemical testing. Refusing a blood or urine test may trigger penalties.

I evaluate how each of these laws may apply to your case and build a defense accordingly.

WHY I FIGHT HARD FOR EVERY CLIENT

The state is not required to prove a specific THC level in your system. All they have to prove is that your “normal faculties” were impaired. That’s vague, and that’s dangerous.

Without aggressive defense, innocent people can end up with criminal records based on assumptions and flawed testing. My job is to hold the state to its burden, expose weaknesses in their evidence, and make sure your rights are protected every step of the way.

FLORIDA MARIJUANA DRUNK DRIVING DEFENSE FAQS

Can I be arrested for DUI even if I used marijuana legally?
Yes. Florida does not make a distinction between legal and illegal marijuana use when it comes to DUI. Even if you’re a medical marijuana cardholder, you can still be arrested if police believe you were impaired while driving. The same rules apply as with alcohol—legal use doesn’t mean legal to drive if you’re impaired.

Is marijuana DUI harder to prove than alcohol DUI?
Generally, yes. There’s no standardized THC limit like the 0.08% BAC used for alcohol. That means the state has to prove actual impairment based on observations and test results that are much less reliable than those used in alcohol cases. This creates more room for a Florida Drunk Driving Defense Lawyer to challenge the case.

What if I refuse a blood or urine test?
Under Florida’s implied consent law, refusing a chemical test after a lawful DUI arrest can result in a one-year license suspension for a first offense. That’s separate from any criminal penalties. However, refusing may also prevent the state from getting evidence they need to prove impairment. Each case is different, and I can evaluate whether refusal helped or hurt your situation.

Can THC in my system days after use lead to DUI charges?
Yes, but that doesn’t mean the charges will hold up in court. THC can remain in your body long after impairment has ended. A positive test alone does not prove that you were impaired while driving. That’s one of the main arguments I use to defend marijuana DUI cases.

How can a private attorney help me more than a public defender?
Private attorneys are not limited by the same time and resource constraints as public defenders. I take the time to get your full version of events, review all available video footage, bring in forensic experts if needed, and challenge questionable police procedures. You get personalized attention and a legal strategy built around your specific facts.

What happens if this is my second or third DUI?
Penalties for repeat DUIs go up significantly, even if it’s marijuana-based. A second conviction can include mandatory jail time, a longer license suspension, and higher fines. A third DUI can be charged as a felony. I assess whether your prior convictions can be challenged or whether the timing allows us to negotiate for a lesser offense.

Will a marijuana DUI show up on background checks?
Yes. DUI charges, whether from alcohol or marijuana, show up on criminal background checks. Even if you avoid jail, a conviction can impact job applications, housing, and professional licenses. That’s why I focus not just on reducing penalties but also protecting your long-term record whenever possible.

Is there a way to avoid jail for a marijuana DUI?
In many cases, yes. Depending on the facts and your criminal history, we can often negotiate for reduced charges, probation, or entry into a diversion program. The earlier you hire a Florida Drunk Driving Defense Lawyer, the more options we have to fight for a non-jail resolution.

CALL OUR FLORIDA DRUNK DRIVING DEFENSE LAWYER FOR A FREE CONSULTATION 

Charged with DUI for marijuana in Florida? You only have a short window to fight your license suspension and prepare your defense. You deserve a defense that challenges faulty evidence and puts your side of the story front and center.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.