In Florida, Driving Under the Influence (DUI) is most associated with alcohol. Every driver should know that if you are pulled over under suspicion of a DUI, the police can administer a roadside breathalyzer to analyze your blood alcohol content (BAC). If that number is .08% or higher, you are considered legally intoxicated and will be put under immediate arrest, and your car will be impounded.
What about other controlled substances? Can you get a DUI for driving after smoking marijuana?
The short answer is “Yes,” but there are stipulations and complications to a marijuana DUI that you should review with a Fort Myers drug-related DUI attorney who knows the law and how to challenge probable cause and drug test results.
The attorneys at Titan Law have been fiercely defending clients who have been caught up in questionable DUI arrests. The guiding principle is “innocent until proven guilty,” and we will always defend our clients with all options available.
If you or someone in your family is facing DUI charges for smoking marijuana, it’s important that you know the law and your rights.
Legal Limits for DUI in Florida
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) considers a DUI anyone who drives while under the influence of alcoholic beverages, chemical substances, or controlled substances. The fines and imprisonments are the same regardless of the reason. For a first conviction, that can mean paying up to $1,000 and spending up to six months in jail.
There is also the impact a DUI conviction will have on your job and future background checks. That is why you want to resolve this matter as quickly as possible.
As mentioned, the legal limit for alcohol-related DUI is .08% BAC. For a marijuana DUI, your blood will be tested to screen for THC, the active ingredient in marijuana. In Florida, the legal limit for THC in the bloodstream is five nanograms per milliliter.
It’s important to note that marijuana can stay in your blood system for days and possibly weeks.
You might not feel the effects, but smoking pot on a Saturday night could show up in your bloodstream the following Friday.
Probable Cause and Field Sobriety Tests
There are strict procedures that police officers must follow when they suspect someone is driving under the influence of marijuana. That begins with the reasonable suspicion they need to pull a suspected driver over. They must observe the person who’s driving recklessly.
After the suspect is pulled over, the officer will conduct a review of the driver and their condition.
That can trigger probable cause, which allows them to conduct a field sobriety test. These tests are designed to measure a driver’s coordination and balance. If the driver fails the field sobriety test, the police officer can administer a breathalyzer. This is only used to test for BAC. It cannot detect THC in the bloodstream. That requires a blood test administered at the police station by a certified phlebotomist or at a hospital. This is where things get complicated for the authorities.
Consent Versus Warrant
When a driver obtains a license in Florida, they agree to the concept of implied consent. That means they agree to submit to a breathalyzer when suspected of a DUI. But, again, that only applies to alcohol.
With a suspicion of marijuana use, you need to give consent for a blood test. Volunteering for the blood test means you must be free from coercion.
If you refuse to take the blood test, the police must obtain a warrant. This might mean placing you in custody while they work out the legal ramifications of the blood test. It will also mean taking you from the scene of the arrest to the police station or hospital, where they will wait for the warrant.
Of course, for the warrant to be approved, probable cause must be presented to a judge. If you can gain access to an attorney, they can challenge that probable cause in court.
The only exception to the warrant is if the driver is involved in an injury-causing accident. In that scenario, a blood test can be administered without a warrant, but you must still consent. If you refuse, your license could be automatically suspended, and the office will obtain a warrant.
Refusal of a blood test can be used as evidence against you.
Building a Defense
From that first pullover because of a suspicion of a DUI to the final blood test results, there are a lot of potential challenges that your attorney can take up to dismiss the charges. There’s also the issue of medical marijuana to consider.
If you have a prescription for medical marijuana use, that could explain the THC in your system. The police might counter that they suspected you were smoking while driving, but that can be called into question.
For years, the team at Titan Law has built strong defenses for clients arrested for DUI. We understand the impact of these arrests on your professional and personal life. We aim to close this matter quickly and with the best possible outcome.
If you’re in this situation, we want to hear from you.
Call to set up a consultation today.
