A Florida DUI Defense Attorney Explains License Suspension, DMV Hearings, and How to Protect Your Driving Privileges.
What Happens to Your Driver’s License After a Marijuana DUI Arrest in Florida
One of the first questions people ask me after a marijuana DUI arrest is not about jail or fines, it is about their license. Driving is how most people get to work, take care of family, and manage daily responsibilities. When law enforcement arrests someone for DUI involving marijuana, the threat to their driving privileges begins immediately, often before a criminal charge is even filed.
Unlike alcohol cases, marijuana DUI arrests involve different testing methods, different evidence issues, and different legal defenses. However, Florida still treats marijuana DUI as a serious offense, and the administrative process that affects your license moves fast. If you do nothing, your license can be suspended automatically. That is why having a private attorney involved early matters. I help clients understand what is happening behind the scenes and take action before deadlines pass.
Florida separates DUI cases into two tracks, the criminal court case and the administrative driver’s license case. Many people do not realize that the DMV process can suspend a license even if the criminal case is later dismissed or reduced. This is especially important in marijuana DUI cases, where chemical test evidence is often weak, subjective, or unreliable. Without an attorney challenging both sides of the case, drivers lose rights they never knew they had.
How Florida Treats Marijuana DUI Differently From Alcohol DUI
Florida law defines DUI as driving while impaired by alcohol, a controlled substance, or a combination of substances. Marijuana is treated as a controlled substance under state law. Unlike alcohol, there is no legal per se THC limit in Florida. That means officers cannot rely on a simple number like a breath alcohol reading. Instead, they rely on observations, roadside exercises, and sometimes urine or blood testing.
Even though the evidence differs, the license consequences can be just as severe. A marijuana DUI arrest can still trigger administrative license suspension, depending on how the arrest unfolds. Officers often request a urine or blood sample after the arrest. If a driver refuses, that refusal can lead to automatic license suspension under Florida’s implied consent law.
The statute governing implied consent explains that anyone who drives in Florida is deemed to have consented to chemical testing if lawfully arrested for DUI. Refusing a lawful request can result in license suspension, even when marijuana is involved instead of alcohol. This is why marijuana DUI cases often turn into license cases before the driver fully understands what happened.
Immediate License Consequences After a Marijuana DUI Arrest
After a marijuana DUI arrest, one of three things usually happens regarding your license.
First, if you submit to a chemical test and the officer believes impairment exists, the arrest alone may trigger administrative action. Second, if you refuse testing, the refusal itself can trigger suspension. Third, if the officer does not request testing or the test is delayed or flawed, the administrative case may be weaker, but deadlines still apply.
In many marijuana DUI cases, officers rely heavily on Drug Recognition Evaluator opinions. These evaluations are subjective and often contested successfully in court. However, the DMV does not automatically dismiss license actions just because the evidence is subjective. Without intervention, the suspension moves forward.
Florida law provides only a short window to challenge this suspension. You generally have ten days from the date of arrest to request a formal review hearing with the DMV. Missing that deadline often means losing your license by default. This is where private legal representation makes a direct difference. I file these requests immediately to preserve driving privileges while we fight the case.
The Ten Day Deadline That Controls Your License
The ten day rule is one of the most important parts of any DUI case, including marijuana DUI. Florida law allows drivers to request a formal review hearing to challenge the administrative suspension. If the request is made on time, the driver may continue driving temporarily under a permit while the hearing is pending.
At the hearing, the state must show that the stop, arrest, and testing request were lawful. In marijuana DUI cases, this often involves questioning the basis for the stop, the officer’s observations, and whether the request for testing complied with legal requirements. Many administrative cases fall apart when examined closely.
If no hearing is requested within ten days, the suspension typically goes into effect automatically. At that point, options become limited, and drivers may be forced to apply for a hardship license instead of fighting the suspension. This is why I tell clients that the license case starts the moment the arrest ends, not when court paperwork arrives.
How Long Can Your License Be Suspended After a Marijuana DUI
The length of suspension depends on several factors, including prior DUI history and whether a test was refused. For a first time marijuana DUI involving a refusal, suspension periods can be lengthy. Repeat refusals lead to even harsher consequences.
If a chemical test is completed and later shows the presence of marijuana metabolites, the DMV may still proceed with suspension, even though those results do not prove impairment at the time of driving. This creates a major defense opportunity. I frequently challenge the relevance and timing of these tests, especially urine tests that detect past use rather than current impairment.
In some cases, drivers qualify for a hardship license after completing certain steps, such as DUI school enrollment. However, hardship licenses come with restrictions and conditions that make daily life more difficult. My goal is always to preserve full driving privileges whenever possible, not just minimize damage after suspension occurs.
Defenses That Protect Your License in a Marijuana DUI Case
Marijuana DUI license cases are often defensible. Common defenses include lack of lawful stop, lack of probable cause for arrest, improper testing procedures, and unreliable Drug Recognition Evaluations. In administrative hearings, officers must justify each step they took. Any misstep can invalidate the suspension.
I also challenge whether the officer properly advised the driver of implied consent warnings. These warnings must be given accurately. Errors in the warning process can invalidate a refusal suspension. Many officers make mistakes here, especially in marijuana cases where procedures differ from alcohol cases.
Another defense involves timing. Marijuana metabolites can remain in the body long after impairment ends. Urine tests, in particular, do not establish impairment at the time of driving. This creates strong arguments against both criminal charges and license suspension. A private attorney understands how to present these arguments in a way that administrative hearing officers must consider.
The Difference Between the DMV Case and the Criminal Case
It is important to understand that winning one case does not automatically win the other. The DMV case focuses on procedure, not guilt. The criminal case focuses on whether the state can prove impairment beyond a reasonable doubt.
That said, evidence uncovered in one case often helps the other. Testimony from the DMV hearing can expose weaknesses in the officer’s story. Inconsistencies in reports, body cam footage, and test administration often appear early during administrative proceedings. I use this information strategically in court.
This is another reason why having a private attorney matters. Coordinating both cases increases the chances of saving your license and defeating or reducing the criminal charge.
A Real Case Example From My Practice
I represented a client arrested in Central Florida for marijuana DUI after being stopped for a minor lane violation. The officer claimed the client smelled of cannabis and exhibited slow speech. A Drug Recognition Evaluation was conducted, and the client provided a urine sample.
I immediately requested the DMV hearing. During the hearing, the officer admitted under questioning that the urine sample was collected hours after the stop and that no blood test was requested. The officer also acknowledged that the client had no balance issues and followed instructions during roadside exercises.
We argued that the urine test could not establish impairment at the time of driving and that the arrest lacked sufficient probable cause. The hearing officer invalidated the license suspension. Later, in criminal court, the DUI charge was reduced significantly due to the same evidentiary weaknesses. The client kept their license and avoided a DUI conviction because we acted early and challenged both tracks of the case.
Why You Need a Private Attorney After a Marijuana DUI Arrest
Marijuana DUI cases are complex. Officers rely on opinion rather than objective numbers. DMV hearing officers rely on procedure. Prosecutors rely on officer credibility. Without a private attorney challenging each step, the system moves forward unchecked.
A private attorney can:
- File the DMV hearing request on time.
- Cross examine officers under oath.
- Preserve body cam and report evidence.
- Challenge Drug Recognition Evaluations.
- Attack unreliable testing methods.
- Protect your license while the case is pending.
- Fight for dismissal or reduction of charges.
Waiting too long limits these options. Early action often makes the difference between keeping your license and losing it.
FAQs, Answered by a Florida DUI Defense Attorney
Will my license be suspended automatically after a marijuana DUI arrest?
Not automatically, but it can be if you do nothing. Florida law allows the DMV to suspend a license based on arrest circumstances or refusal to test. You have a limited time to challenge that action. If you request a hearing within the deadline, you may continue driving temporarily while the case is reviewed. Acting quickly protects your rights.
Is refusing a urine or blood test worse for my license?
Refusal can lead to license suspension under implied consent laws. However, refusal cases are often defensible. Officers must follow specific procedures and give proper warnings. Many refusals are invalid because of errors. A private attorney can review whether the refusal suspension can be overturned.
Can I still drive while my marijuana DUI case is pending?
Yes, in many cases. If a formal review hearing is requested on time, drivers may receive a temporary permit. This allows continued driving while the DMV case is pending. Missing the deadline usually removes this option.
Does medical marijuana change license consequences?
No. Medical marijuana does not provide a defense to DUI or protect a license from suspension. However, it can explain lawful use and help challenge impairment claims. This distinction is important in both the DMV and criminal cases.
Can a urine test really suspend my license?
Yes, but urine tests are highly problematic in marijuana DUI cases. They detect past use, not current impairment. This creates strong arguments against suspension. Many license cases are won by attacking the relevance and timing of urine results.
What if my criminal case is dismissed later?
A dismissal does not automatically restore a suspended license. The administrative case is separate. This is why it is critical to fight both cases at the same time rather than waiting for criminal court results.
How soon should I contact an attorney after a marijuana DUI arrest?
Immediately. The ten-day deadline controls your license rights. The sooner a private attorney is involved, the more options are available to protect your driving privileges and your record.
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.