Can I Get a DUI For Driving High On Marijuana? – Florida Drugged Driving Laws

Any time someone’s arrested for DUI and they blow what we call All-Zeros, you obviously haven’t been drinking any alcohol. Usually, a police officer will immediately request a urine test and if you agree to submit the urine test, check if it comes back that you have something in your system like cannabis. Well, the argument sometimes a client or a defendant will try to make is how do they know I was smoking right then and there, what if I had smoked weeks before that. Because cannabis is a substance that typically stays in your system for at least thirty days after you’ve ingested it.

Well, what the prosecutor will do is try to show that you had recently used marijuana by the facts and circumstances of your particular case. This includes details such as

  • Your driving pattern
  • Your eyes
  • Your behaviour
  • Your speech
  • Your mannerisms

Recent Case Result

DUI for Marijuana Charges Reduced

2018-CT-006455-A-O

Our client was charged with DUI. She drove through traffic barricades, smelled like alcohol, her vehicle smelled like burnt cannabis, she admitting to drinking, and police saw a marijuana pipe in the passenger seat in plain view. Our client chose to perform the field sobriety exercises but did not perform well, she blew under the legal limit but had THC in her urine sample. Our firm obtained the urine results and were able to win a legal argument to exclude them from evidence. The prosecutor offered a “wet reckless” (or, a reckless driving alcohol-related) but we rejected that offer. Prior to trial, we were able to convinced the prosecutor to offer a “dry reckless” (simple reckless driving, non-alcohol related minor offense), a withhold of adjudication, 3 months of telephone probation (so no drug testing), and $500 fine plus court costs (our client’s previously paid cash bond paid all fines and costs). No classes. No DL suspension.

All of these factors and law enforcement’s observations are used to show that you hadn’t smoked two weeks before; you’d actually smoked recently because of your behavior at the scene.

Right now the testing procedure for something like cannabis only tells us the cannabis is in your system. The toxicology report does not tell us how much cannabis is in your system and they don’t tell us when you could have smoked it. So that’s not what the toxicology report tells us, it just tells us it’s in your system. So you’ll always have that legal defense, you obviously can go to trial and say, well I only smoked three weeks before, it was still in my system but I wasn’t impaired.