How I Fight for Clients Accused of Marijuana DUI and Why You Need a Private Defense Attorney

As a Florida DUI defense lawyer, I have seen how quickly a marijuana DUI arrest can turn a person’s life upside down. Many people believe that if they weren’t drinking alcohol, they cannot be charged with driving under the influence. That assumption is dangerous. Florida law makes no distinction between alcohol and marijuana when it comes to impaired driving. If law enforcement claims that marijuana caused you to lose normal control of your body or mind, you can be arrested, charged, and prosecuted under the same statute that applies to alcohol-related DUIs.

Unlike alcohol, marijuana does not have a clear legal threshold like the well-known 0.08 BAC limit. Instead, officers and prosecutors rely heavily on subjective observations, drug recognition “experts,” urine or blood tests, and circumstantial evidence. That makes these cases complex, and it creates opportunities for an aggressive defense attorney to fight the charges.

I will now explain Florida’s marijuana DUI laws, quote the statutes that apply, discuss potential defenses, and show you why having a private attorney can make the difference between a conviction and a dismissal or reduced charge. I will also share an example of a case I defended successfully so you can see how these defenses work in real life.

Florida’s DUI Statute and Marijuana

The controlling statute is Florida Statute § 316.193, which states:

“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) 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; or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”

Marijuana is a controlled substance under Chapter 893, Florida Statutes. That means that if the state can prove you were impaired by marijuana, you can be convicted of DUI even without a breath test.

The challenge for prosecutors is proving “impairment.” Unlike alcohol, there is no universally accepted test for marijuana intoxication. A urine test can only show the presence of THC metabolites, which may remain in the body for weeks after use and do not indicate impairment at the time of driving. Blood tests can sometimes show active THC, but they are rare in Florida DUI cases and still do not establish a legal threshold for impairment.

This legal uncertainty is where a defense attorney can step in.

Why Marijuana DUI Charges Are Different From Alcohol DUI

Alcohol DUIs are based on a scientific cutoff: 0.08 BAC. If a driver tests above that limit, the state has strong evidence. With marijuana, no such cutoff exists. Officers often rely on field sobriety exercises, their observations of a driver’s eyes, speech, or demeanor, and sometimes the opinion of a Drug Recognition Expert (DRE).

Here’s the problem. Field sobriety exercises were designed to detect alcohol impairment, not marijuana. A person may have red eyes, slurred speech, or act nervous for reasons unrelated to drug use. A DRE’s testimony is not science; it is opinion. These gaps give a defense attorney room to challenge the state’s case.

Common Defenses to Driving Under the Influence of Marijuana

1. Challenging the Traffic Stop

Every DUI case begins with the stop. If an officer lacked reasonable suspicion or probable cause to pull you over, everything that followed can be thrown out. I carefully examine whether the officer observed a legitimate traffic violation or simply profiled my client. Without a lawful stop, the prosecution’s case collapses.

2. Attacking Field Sobriety Exercises

Field sobriety exercises are notoriously unreliable. Officers often fail to explain instructions clearly, drivers may perform poorly due to nerves, medical conditions, or fatigue, and marijuana impairment does not always manifest in the same way alcohol does. By cross-examining officers and pointing out the weaknesses in these exercises, I can undermine their conclusions.

3. Questioning Drug Recognition Expert Testimony

Florida uses specially trained officers known as Drug Recognition Experts to evaluate suspected drug-impaired drivers. These evaluations include checking vital signs, balance, and eye movement. I often argue that the DRE protocol is not scientifically validated for marijuana impairment and is highly subjective. Courts are increasingly skeptical of DRE testimony, and a skilled defense can expose those flaws.

4. Challenging Chemical Testing

Urine tests show past marijuana use but not impairment. Blood tests may show THC, but Florida law provides no clear threshold for impairment. I bring in toxicologists to explain to juries why these tests cannot prove my client was impaired at the time of driving.

5. Medical Marijuana Defense

Florida allows medical marijuana use with a valid prescription under Florida Statute § 381.986. If my client is a lawful medical marijuana patient, that fact must be considered. While it does not give someone the right to drive impaired, it can explain the presence of THC in their system and make it more difficult for the state to prove actual impairment.

6. Suppressing Improperly Obtained Statements

If officers did not read Miranda rights properly, or coerced statements, I can move to have those statements suppressed. Without admissions, the state’s case is weaker.

Penalties for Marijuana DUI in Florida

The penalties for a marijuana DUI mirror those for an alcohol DUI under § 316.193. A first conviction can carry:

  • Fines ranging from $500 to $1,000

  • Up to six months in jail

  • License suspension from 180 days to one year

  • Probation and community service

  • Mandatory DUI school

For repeat offenses, the penalties escalate to longer jail sentences, higher fines, mandatory ignition interlock devices, and permanent license revocation in certain cases.

The collateral consequences can be just as damaging: employment problems, professional license issues, immigration consequences, and higher insurance premiums.

Having a private attorney can make a critical difference. I have been able to reduce charges to reckless driving, secure dismissals, or win acquittals at trial by aggressively challenging the evidence.

Real-Life Example of a Case I Won

One of my clients was stopped late at night for allegedly weaving. The officer claimed my client had bloodshot eyes, a slight odor of marijuana, and slow speech. A DRE was called to the scene and concluded that my client was impaired by marijuana. A urine test later came back positive for THC metabolites.

Here’s what I did. I challenged the legality of the stop, arguing that minor weaving within a lane does not justify a traffic stop. I also presented medical records showing my client had a back condition that explained why he performed poorly on the field sobriety exercises. Finally, I brought in a toxicologist who testified that the presence of THC metabolites in urine does not prove impairment at the time of driving.

The judge agreed that the stop was questionable, and even if it had been lawful, the state could not prove impairment beyond a reasonable doubt. The charges were dismissed. My client avoided a criminal conviction and kept his record clean.

This case shows how important it is to have a private defense attorney who knows how to pick apart the weaknesses in the prosecution’s case.

Why You Need a Private Attorney for a Marijuana DUI

A public defender can provide representation, but their caseload is often overwhelming. They may not have the time or resources to hire toxicologists, challenge DREs, or file complex suppression motions.

As a private attorney, I can dedicate the necessary time to your case, examine every detail, and bring in expert witnesses when needed. I also know the local prosecutors and judges, which can make a difference in negotiating reduced charges or alternative sentencing.

In a marijuana DUI case, your defense cannot be cookie-cutter. Every case is unique, and the prosecution’s evidence must be challenged piece by piece. Without a dedicated defense, you risk jail time, license loss, and a permanent criminal record.

FAQs About Marijuana DUI in Florida 

What makes marijuana DUI cases harder for the prosecution than alcohol cases?
Unlike alcohol, which has a clear legal limit of 0.08 BAC, marijuana has no set threshold for impairment. This makes it harder for prosecutors to prove their case beyond a reasonable doubt. They often rely on field sobriety tests, officer observations, and urine or blood results, all of which can be challenged. A Florida DUI defense attorney can attack each of these pieces of evidence.

Can I be convicted of DUI if I am a medical marijuana patient?
Yes, but only if the state proves you were impaired at the time of driving. Having a medical marijuana card explains why THC is in your system, but it does not allow you to drive while impaired. Your attorney can use your legal status to argue that the presence of THC does not equal impairment.

How long does marijuana stay in your system?
THC metabolites can remain in urine for days or even weeks after use. This means a positive urine test does not prove impairment at the time of driving. Blood tests may show active THC, but Florida law does not set a legal impairment level for THC. Your attorney can use this fact to cast doubt on the prosecution’s case.

What penalties can I face for a first marijuana DUI conviction?
A first conviction can result in fines, probation, license suspension, DUI school, and even jail time. The judge can also order community service and impound your vehicle. The penalties increase sharply for repeat offenses. Having a private attorney gives you the best chance at avoiding or reducing these penalties.

How do officers test for marijuana impairment in Florida?
Typically, officers use field sobriety tests, ask for urine or blood samples, and sometimes bring in a Drug Recognition Expert. None of these methods are foolproof. A skilled defense attorney will cross-examine the officers and challenge the reliability of their testing methods.

Can a marijuana DUI be reduced to reckless driving?
Yes. In many cases, I have negotiated with prosecutors to reduce marijuana DUI charges to reckless driving, which carries less stigma and fewer penalties. This often requires showing the weaknesses in the state’s evidence and demonstrating that a conviction would be difficult to obtain.

What if the officer did not have probable cause to stop me?
If the initial traffic stop was unlawful, all evidence obtained afterward can be suppressed. Without that evidence, the case may be dismissed. This is why reviewing the circumstances of the stop is one of the first steps I take in building a defense.

How important is it to hire a private attorney for a marijuana DUI?
It can make the difference between a conviction and a dismissal. Public defenders work hard but often cannot devote the same level of resources and attention to your case. A private attorney can challenge the science, bring in experts, and fight aggressively for the best outcome.

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

If you or a loved one has been charged with driving under the influence of marijuana in Florida, the stakes are too high to face it alone. An arrest does not mean a conviction, and with the right defense strategy, your charges may be reduced or even dismissed.

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 over 30 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.