Marijuana DUI Charges in Miami: Impaired Driving Defense

Marijuana DUI Charges in Miami: Impaired Driving Defense

Getting charged with a DUI is scary, especially if it involves marijuana. Even though weed is becoming more accepted, driving under the influence is still illegal. The laws are confusing and the consequences are serious. Don’t worry though – this article will break it all down for you. I’m not a lawyer, but I’ll walk through the basics in simple terms to help you understand what’s going on.

What is a Marijuana DUI?

A marijuana DUI, also called “driving while high,” is when you operate a vehicle while impaired by marijuana. You can get charged even if you’re a medical marijuana patient.

Florida law says it’s illegal to drive if these two things are true:

• You’re under the influence of alcohol, drugs, or other chemicals
• Your normal abilities are impaired

“Under the influence” means the marijuana is actively affecting you while driving. “Impaired” means you can’t drive as well as you normally could.

How Do They Test for Marijuana DUIs?

If a cop pulls you over and thinks you’re high, they’ll do a few tests to try and prove it:

• Field sobriety tests – These are the balance, walking, and coordination tests they make you do roadside, like standing on one leg or following a pen with your eyes. Weed affects those skills.
• Blood test – They take your blood and test it for THC, the chemical in marijuana that gets you high. THC can stay in your system for weeks after use.
• Urine test – Same idea as a blood test, but they test your pee instead.
• Breathalyzers don’t work – Normal alcohol breathalyzers don’t detect marijuana. There are marijuana breathalyzers being developed but they aren’t widely used yet.

The blood tests are the most common way they try to prove you were driving high.

Marijuana DUI Penalties in Florida

The penalties for marijuana DUIs are basically the same as for alcohol DUIs:

• 1st offense – Up to 6 months in jail, $500-$1000 fine, license suspended for 6 months to 1 year.
• 2nd offense – Up to 9 months in jail, $1000-$2000 fine, license suspended for at least 1 year.
• 3rd offense – Up to 1 year in jail, $2000-$4000 fine, license suspended for 2 to 10 years.
• 4th offense – Up to 5 years in prison, $4000 fine, license permanently revoked.

These fines and jail times can go up if there are aggravating factors like having a minor in the car. The penalties get harsher with each new offense.

Challenging a Marijuana DUI Charge

The good news is there are ways to challenge a marijuana DUI charge and get it reduced or even dismissed. Here are some common defenses:

• No actual impairment – Just having THC in your system doesn’t mean you were actually impaired while driving. The prosecution has to prove you were actively high.
• Illegal traffic stop – If the initial reason for stopping you was unjustified, the whole case could get thrown out.
• Faulty blood test – These tests aren’t perfect. Proper collection and handling procedures must be followed.
• Medical marijuana – There may be protections for medical patients, depending on the circumstances.
• Rising THC levels – THC levels can continue rising for a period of time after you’ve stopped using. So your blood test results might not accurately reflect what your THC level was while driving.

An experienced DUI lawyer knows how to challenge the prosecution’s evidence and raise doubt about their case. There are so many technicalities involved that having a lawyer in your corner makes a huge difference.

Finding a Miami Marijuana DUI Attorney

If you’re facing a marijuana DUI charge, don’t go at it alone. Hire a DUI lawyer who can protect your rights and give you the best shot at beating your case.

Look for Miami lawyers with specific experience defending marijuana DUIs – not just regular DUIs. Weed cases have unique defenses and technical quirks. Ask about their success record too.

Avoid lawyers who pressure you to plead guilty right away. A good DUI attorney will thoroughly examine your case and use valid defenses when possible.

Many lawyers offer free consultations, so take advantage of those to find the best fit.

What Happens After a Marijuana DUI Charge?

Here’s a quick rundown of what to expect after being charged:

• You’ll be arrested and taken to the police station for booking. They’ll fingerprint you, take your mugshot, and formally charge you.
• Within a few days you’ll go before a judge who will set bail terms and impose temporary license restrictions.
• Hire a lawyer ASAP after getting charged. You only have 10 days to appeal the license suspension.
• Your lawyer will walk you through the process, file motions, and build defenses for your case.
• There may be plea bargain offers or pretrial diversion programs you’ll need to consider. Your lawyer will help negotiate.
• If you can’t reach a plea deal, your case will go to trial where the prosecution has to prove you were impaired beyond a reasonable doubt.
• If convicted, you’ll face fines, probation, license suspension, DUI classes, and possibly jail time. Your lawyer can help minimize the penalties.

Conclusion

I know getting hit with a marijuana DUI seems overwhelming, but good lawyers fight and win these cases every day. Listen to their advice and let them handle the complex legal stuff. Be completely honest with your attorney so they can best defend you.

With an experienced marijuana DUI lawyer on your side, you have a fighting chance at reducing the charges or even getting them dismissed. Don’t go through this alone – let a professional help guide you through the process. You’ll get through this!