A Florida DUI Defense Attorney Explains Why What You Say During a Traffic Stop Can Decide Your Case

Should I Talk to Police About My Medical Marijuana Use, What You Need to Understand Before You Answer a Single Question

If you are stopped by police in Florida and the topic of medical marijuana comes up, what you say next can shape your entire case. I regularly represent people who were legally authorized to use medical marijuana, yet ended up facing DUI charges because they believed honesty would protect them. Florida law does not work that way. A valid medical marijuana card does not prevent arrest, does not block a DUI investigation, and does not stop officers from using your own statements as evidence against you.

As a Florida DUI defense attorney, I have seen otherwise defensible cases become much harder to fight because a driver volunteered information about marijuana use during a traffic stop. Police are trained to ask questions designed to build impairment evidence. When you confirm marijuana use, even if it was hours earlier or days earlier, officers often treat that statement as a key part of probable cause. That is why understanding your rights before answering questions is critical.

Florida allows medical marijuana under state law, but Florida DUI law still prohibits driving while impaired by any substance. Unlike alcohol, marijuana does not have a clear numerical impairment standard. This gives officers wide discretion. They rely heavily on observations, roadside exercises, and statements made by the driver. When you talk freely, you often provide the missing piece they need to justify arrest.

How Florida DUI Law Treats Marijuana Impairment

Florida’s DUI statute defines impairment as a condition where a person’s normal faculties are affected by alcohol, controlled substances, or chemical substances. The law does not require proof of a specific concentration of THC. Instead, impairment can be established through observations, behavior, physical signs, and statements. This makes marijuana DUI cases fundamentally different from alcohol DUI cases.

Florida’s medical marijuana law authorizes possession and use under specific conditions, but it does not create a driving exception. The statute makes it clear that lawful use does not allow operation of a vehicle while impaired. Because of this structure, prosecutors do not need to prove illegal possession. They only need to claim impairment. Statements about use often become the foundation of the case.

When someone tells an officer they used medical marijuana, officers frequently interpret that as an admission of impairment, even if there is no proof of actual driving impairment. That assumption is not legally accurate, but it still leads to arrest. A private attorney then has to undo the damage created by that statement.

Why Police Ask About Medical Marijuana During Traffic Stops

Police do not ask about medical marijuana out of curiosity. They ask because they are building a case. Officers are trained to identify potential drug impairment indicators, and admission of marijuana use allows them to expand the investigation. Once marijuana is mentioned, officers often shift into drug DUI mode.

Common follow-up actions include:

  • Ordering roadside exercises

  • Calling a Drug Recognition Evaluator

  • Requesting blood or urine testing

  • Searching the vehicle

  • Documenting physical observations tied to marijuana impairment

Many clients tell me they believed honesty would help them. Unfortunately, police reports often twist statements into something far more damaging. A comment such as “I used my prescription earlier today” becomes “admitted recent marijuana use,” which prosecutors then use to support impairment allegations.

Your Right to Remain Silent During a DUI Investigation

You are not required to answer questions about drug use during a traffic stop. Florida law allows officers to ask, but it does not require you to respond. Politely declining to answer questions is not an admission of guilt. It is a constitutional right.

You must provide basic identification, such as your license, registration, and insurance. Beyond that, you are not required to explain your medical history, prescription use, or marijuana consumption. When clients assert their rights calmly and respectfully, officers are forced to rely on objective evidence rather than admissions.

This is where having a private attorney later becomes critical. If the case relies entirely on officer opinion and roadside testing, it is far easier to challenge. When the driver provides incriminating statements, the state’s case becomes stronger on paper, even if the facts do not support impairment.

How Statements About Marijuana Use Affect Probable Cause

Probable cause is the legal justification for arrest. In marijuana DUI cases, probable cause is often thin. Officers look for any factor they can cite to justify arrest, including statements made by the driver. Once marijuana use is admitted, officers often treat that statement as confirmation of impairment rather than neutral information.

I have reviewed countless reports where officers used vague observations combined with a marijuana admission to justify arrest. The problem is that marijuana effects vary widely. Some people experience no impairment long after use. Others may show signs unrelated to intoxication, such as anxiety or dry eyes. Officers are not medical professionals, yet they draw conclusions based on limited training.

As a defense attorney, I challenge whether probable cause truly existed. When the arrest hinges on a statement rather than objective evidence, suppression arguments become much stronger.

Drug Recognition Evaluators and Medical Marijuana

Once marijuana is mentioned, officers often call a Drug Recognition Evaluator. These officers claim advanced training in identifying drug impairment. Their evaluations include eye examinations, balance tests, and interviews. The process appears scientific, but it is still subjective.

Medical marijuana users are especially vulnerable during these evaluations. Conditions such as anxiety, chronic pain, or neurological issues can mimic signs officers associate with marijuana impairment. When the evaluator already knows the driver admitted marijuana use, confirmation bias often follows.

A private attorney plays a crucial role in challenging these evaluations. I examine whether the evaluation followed proper protocol, whether medical explanations were ignored, and whether the conclusions were supported by reliable evidence.

Blood and Urine Testing Issues in Marijuana DUI Cases

Unlike alcohol breath testing, marijuana DUI cases often involve blood or urine testing. These tests do not measure impairment at the time of driving. They only show the presence of THC or metabolites. THC can remain in the body long after any effects have passed.

Florida law does not establish a legal THC limit for driving. This creates serious evidentiary problems for the state. Prosecutors attempt to combine test results with officer observations and driver statements. When statements are absent, the case weakens significantly.

I routinely challenge the relevance of test results, the timing of sample collection, chain of custody, and the scientific limitations of THC testing. These defenses are far more effective when the client did not make damaging statements at the roadside.

A Real Case Example From My Practice

I represented a client who was stopped in Hillsborough County for a minor traffic issue. The officer claimed to smell marijuana and asked if my client had a medical marijuana card. Wanting to be cooperative, my client confirmed legal use earlier that evening. The officer ordered roadside exercises and later requested a urine sample.

The test showed THC metabolites, but no evidence of impairment. The body camera footage showed clear speech, steady balance, and appropriate responses. The Drug Recognition Evaluator still concluded impairment based largely on the admission.

I filed motions challenging probable cause, the evaluator’s conclusions, and the relevance of the urine test. I also presented expert testimony explaining that metabolites do not indicate impairment. The court suppressed key evidence, and the DUI charge was dismissed. The case turned on the ability to expose how the officer relied on assumptions rather than facts.

Why You Need a Private Attorney in Medical Marijuana DUI Cases

Medical marijuana DUI cases are complex. They require understanding criminal law, medical issues, and scientific testing limitations. Public defenders often lack the time and resources needed to challenge these cases thoroughly.

A private attorney can:

  • Review body camera footage line by line

  • Challenge roadside questioning tactics

  • Suppress statements made without proper advisement

  • Dispute Drug Recognition Evaluator findings

  • Retain scientific experts when necessary

  • Challenge blood or urine testing reliability

  • Argue for dismissal or charge reduction

The difference between a conviction and dismissal often comes down to how aggressively the defense challenges assumptions.

Why Silence Often Protects You Better Than Explanations

Many people believe explaining their medical marijuana use will help officers understand the situation. In reality, explanations often hurt more than they help. Officers are not trained to evaluate medical nuance during traffic stops. Their job is enforcement, not diagnosis.

Remaining polite and calm while declining to discuss marijuana use preserves your defense options. Once statements are made, they cannot be taken back. A private attorney can later present medical explanations in court, where they belong.

FAQs, Answered by a Florida Marijuana DUI Defense Attorney

Should I tell police I have a medical marijuana card?
You are not required to disclose this during a traffic stop. While possession laws differ from impairment laws, officers often treat disclosure as evidence supporting a DUI investigation. Remaining silent prevents assumptions from forming. A defense attorney can later address lawful use in the appropriate legal setting.

Can I be arrested for DUI even if my marijuana use was legal?
Yes. Florida law allows arrest if officers believe impairment occurred, regardless of legal authorization. The key issue becomes whether impairment actually existed. Many cases fail when the defense challenges the officer’s interpretation and testing methods.

Does refusing to answer questions make things worse?
No. Politely declining to answer questions is a constitutional right. Officers may continue their investigation, but they cannot punish you for silence. Silence often prevents the state from building a stronger case.

What if I already told police about marijuana use?
Even if statements were made, defenses still exist. I often challenge how those statements were obtained, whether they were misunderstood, and whether they truly establish impairment. Early legal representation is critical in these situations.

Are Drug Recognition Evaluators reliable?
Their evaluations are subjective and frequently challenged. Medical conditions, fatigue, anxiety, and prescription medications can mimic impairment signs. Courts increasingly scrutinize these evaluations when the defense presents credible challenges.

Can blood or urine tests alone prove impairment?
No. These tests only show presence, not impairment. Florida law does not set a THC driving limit. Prosecutors rely on other evidence to connect test results to impairment. When that evidence is weak, cases often collapse.

Will a medical marijuana DUI stay on my record?
A conviction can carry long term consequences. However, many cases result in dismissals or reductions when properly defended. Early action increases the chances of avoiding a permanent record.

How soon should I hire a lawyer after a marijuana DUI arrest?
Immediately. Evidence such as body camera footage may be overwritten, and DMV deadlines move quickly. Early intervention allows for preservation of evidence and stronger defense preparation.

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 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, the Florida Panhandle, and every county in Florida.