Driving Under the Influence of Marijuana in Florida: Florida Laws, Offenses, Punishments, Implications, Defenses, and the Importance of Legal Representation

Driving under the influence of marijuana, also known as DUID (Driving Under the Influence of Drugs), is a serious offense in Florida. With the increasing prevalence of marijuana usage and legalization in some states, it is essential to understand the laws surrounding marijuana-impaired driving in Florida. In this comprehensive article, we will cover Florida statutes, relevant offenses, punishments, implications of DUID convictions, potential defenses, and why you need an attorney. We will conclude with a compelling call to action for Musca Law, P.A., which offers 24/7 availability and a toll-free number (1-888-484-5057) for anyone facing DUID charges in Florida.

Florida Law on Driving Under the Influence of Marijuana

Florida Statute §316.193 specifically addresses driving under the influence of drugs, including marijuana. According to this statute, an individual is considered to be driving under the influence if they are operating a motor vehicle while under the influence of any chemical substance, including marijuana, that impairs their normal faculties. It is important to note that impairment is not limited to a specific level of THC concentration in a driver's bloodstream, unlike the legal limit of 0.08% for alcohol.

How Does Florida Law Enforcement Test for DUID?

Florida law enforcement uses a combination of methods to test for driving under the influence of drugs (DUID), including marijuana. These methods often include:

Observations and Field Sobriety Tests: Officers may initially suspect a driver is under the influence of marijuana based on their observations of driving behavior, appearance, and odor. If the officer suspects impairment, they may ask the driver to perform standardized field sobriety tests (SFSTs) to assess their physical and cognitive abilities. The most common SFSTs include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. However, it is important to note that SFSTs are designed primarily for alcohol impairment and may not be as reliable for detecting marijuana impairment.

Drug Recognition Experts (DREs): If an officer suspects a driver is under the influence of marijuana or other drugs, they may call upon a Drug Recognition Expert (DRE) to perform a more in-depth evaluation. DREs are specially trained officers who can identify signs of drug impairment through a 12-step process, which includes physical examinations, interviews, and additional sobriety tests.

Chemical Tests: If an officer has probable cause to believe a driver is under the influence of marijuana, they may request a chemical test, such as a blood, urine, or saliva test. Blood tests are considered the most accurate but require a warrant or consent from the driver. Urine and saliva tests are less invasive but may not be as reliable in determining the level of impairment, as they detect the presence of marijuana metabolites rather than active THC.

It is important to note that Florida's implied consent law applies to chemical testing for DUID. Refusing a chemical test can result in a one-year driver's license suspension for a first refusal, and an 18-month suspension for a second or subsequent refusal.
Given the complexities and potential inaccuracies associated with testing for marijuana impairment, it is crucial to have an experienced attorney who can challenge the methods and results of the tests used in your case.

Relevant Driving Under the Influence Offenses in Florida

In Florida, DUID offenses involving marijuana can result in various charges, depending on the circumstances. Some of the most common charges include:

DUI: This charge applies if a person is driving or in physical control of a motor vehicle while under the influence of marijuana, impairing their normal faculties or with a blood- or breath-alcohol level of 0.08% or higher.

DUI with Property Damage or Personal Injury: If a person is driving under the influence of marijuana and causes property damage or injury to another person, they may face this enhanced charge.

DUI Manslaughter: If a person drives under the influence of marijuana and causes the death of another person, they may face DUI manslaughter charges.

Punishments for DUID Convictions in Florida

The penalties for driving under the influence of marijuana in Florida depend on the severity of the offense, the driver's previous DUI convictions, and other factors. The following are some possible punishments for DUID convictions:

First Conviction: Fines ranging from $500 to $1,000, imprisonment for up to six months, 50 hours of community service, probation for up to one year, and a minimum driver's license revocation of six months.

Second Conviction: Fines ranging from $1,000 to $2,000, imprisonment for up to nine months, mandatory ignition interlock device installation, and a minimum driver's license revocation of one year.

Third Conviction: Fines ranging from $2,000 to $5,000, imprisonment for up to one year, mandatory ignition interlock device installation, and a minimum driver's license revocation of two years.

DUI with Property Damage or Personal Injury: Fines ranging from $1,000 to $2,000, imprisonment for up to one year, and a minimum driver's license revocation of one year.

DUI Manslaughter: Fines up to $10,000, imprisonment for up to 15 years, and a permanent driver's license revocation.

Implications of DUID Convictions in Florida

A DUID conviction in Florida can have several severe implications, including:

  1. Criminal Record: A DUID conviction will become a part of your criminal record, potentially affecting future employment, housing, and educational opportunities.
  2. Auto Insurance: DUID convictions can result in increased auto insurance premiums or even cancellation of coverage by your insurance provider.
  3. Professional Licenses: A DUID conviction may impact professional licenses, such as those for healthcare professionals, teachers, or commercial drivers.
  4. Immigration Status: For non-U.S. citizens, a DUID conviction could potentially affect immigration status, leading to deportation or denial of re-entry into the United States.

Stages in a DUID Criminal Case in Florida

A Driving Under the Influence of Drugs (DUID) criminal case in Florida typically follows several stages. While the specifics may vary depending on the jurisdiction and individual circumstances, the general stages of a DUID case include:

  1. Traffic Stop and Investigation: Law enforcement officers initiate a traffic stop based on observed driving behavior or other factors that suggest potential impairment. The officer will investigate further by questioning the driver, observing signs of impairment, and potentially administering field sobriety tests or requesting a Drug Recognition Expert's (DRE) evaluation.
  2. Arrest: If the officer has probable cause to believe the driver is under the influence of drugs, they will make an arrest. The driver may be taken to the police station or a medical facility for chemical testing, such as a blood, urine, or saliva test.
  3. Booking: The driver will be booked and processed at the police station. This process typically includes taking fingerprints, photographs, and personal information. The driver may be held in custody until they can post bail or be released on their own recognizance.
  4. Arraignment: At the arraignment, the driver will be formally charged with DUID, and they will enter a plea of guilty, not guilty, or no contest. The judge may review the bail amount and set a date for the next court appearance.
  5. Pretrial Motions and Hearings: Before the trial, both the defense and the prosecution may file pretrial motions to suppress evidence, request discovery, or address other legal issues. Pretrial hearings may be held to resolve these motions and discuss any plea negotiations.
  6. Plea Bargaining: The defense and prosecution may engage in plea negotiations, wherein the defendant may agree to plead guilty or no contest to a lesser charge or accept specific sentencing recommendations in exchange for a more lenient sentence or dismissal of some charges.
  7. Trial: If a plea agreement is not reached, the case proceeds to trial. The prosecution must prove the DUID charge beyond a reasonable doubt, presenting evidence such as officer testimony, field sobriety test results, and chemical test results. The defense will have the opportunity to cross-examine witnesses, present their own evidence, and challenge the prosecution's case. The trial may be decided by a judge or a jury.
  8. Verdict: The judge or jury will determine the verdict, finding the defendant guilty or not guilty of the DUID charge.
  9. Sentencing: If the defendant is found guilty, the judge will impose a sentence, which may include fines, probation, community service, drug treatment, or incarceration, depending on the severity of the offense and the defendant's criminal history.
  10. Appeals: The defendant may appeal their conviction if they believe legal errors were made during the trial or pretrial process. The appeals process can be lengthy and typically focuses on issues of law rather than the facts of the case.

Throughout the stages of a DUID criminal case, it is crucial to have experienced legal representation to protect your rights, challenge the evidence against you, and advocate for the best possible outcome.

Elements the Prosecution Must Prove Beyond a Reasonable Doubt to Get a Conviction in Florida

In Florida, for the prosecution to secure a DUID conviction involving marijuana, they must prove several elements beyond a reasonable doubt. These elements include:

  1. Operation of a Motor Vehicle: The prosecution must demonstrate that the defendant was operating or in actual physical control of a motor vehicle at the time of the alleged offense.
  2. Impairment of Normal Faculties: The prosecution must establish that the defendant was under the influence of marijuana to the extent that their normal faculties were impaired. Normal faculties include the ability to see, hear, walk, talk, judge distances, make judgments, act in emergencies, and perform the mental and physical acts of daily life.
  3. Presence of Marijuana: The prosecution must prove that the defendant had marijuana or a marijuana metabolite in their system. This is usually determined through blood, urine, or saliva tests.
  4. Causation: In cases involving property damage, personal injury, or death, the prosecution must prove that the defendant's impaired driving caused the damage or injury.

It is crucial to note that the prosecution does not need to establish a specific level of THC concentration in the defendant's bloodstream to prove impairment, unlike alcohol-related DUI cases. Instead, the prosecution will rely on evidence such as the defendant's driving behavior, field sobriety test results, and chemical test results to demonstrate impairment.

Given the complexity of DUID cases involving marijuana and the high burden of proof required for a conviction, it is crucial to have an experienced attorney who can challenge the prosecution's evidence and raise doubts about these elements.

Potential DUID Defenses in Florida

While DUID charges involving marijuana can be challenging to defend, there are potential defenses available. Some of these defenses include:

  1. Challenging the Traffic Stop: If law enforcement did not have reasonable suspicion or probable cause to conduct the traffic stop, any evidence collected during the stop may be inadmissible in court.
  2. Challenging Field Sobriety Tests: Field sobriety tests are not always accurate, especially when administered improperly. A skilled attorney may challenge the validity of the tests.
  3. Challenging Chemical Testing: Chemical testing for marijuana can be unreliable, and an experienced attorney may question the accuracy of the tests and the laboratory's procedures.
  4. Medical Marijuana Defense: If a person is a qualified medical marijuana patient, they may have a valid defense against DUID charges, depending on the circumstances.
  5. Involuntary Intoxication: In rare cases, a person may have unknowingly ingested marijuana, which could serve as a potential defense.

Why You Need an Attorney for DUID Charges in Florida

Facing DUID charges in Florida can be overwhelming, and the consequences of a conviction can be life-altering. An experienced attorney can help you navigate the legal system, evaluate your case, and develop the best possible defense strategy. A skilled attorney will protect your rights, negotiate with prosecutors, and advocate for you in court, potentially resulting in reduced charges, dismissal of the case, or a more favorable outcome.

You Can Trust Musca Law, P.A., with Your Florida Marijuana DUID Case

If you or a loved one is facing DUID charges involving marijuana in Florida, don't wait to take action. Musca Law, P.A., is here to help with their extensive experience and aggressive representation. Their skilled attorneys understand the intricacies of Florida's DUID laws and will work tirelessly to defend your rights and fight for the best possible outcome in your case.

Musca Law, P.A., offers 24/7 availability, ensuring that you have access to legal assistance when you need it most. Don't let a DUID charge ruin your life – call their toll-free number at 1-888-484-5057 to schedule a free, confidential case evaluation. Trust Musca Law, P.A., to provide the support and guidance you need to face Marijuana DUID charges head-on and protect your future.