Can I Get a DUI for Medical Marijuana in Florida?

The state of Florida prohibits driving while under the influence of alcohol or drugs, medical marijuana included. Despite its growing acceptance as a necessity for patients, medical marijuana is still an impairing substance which can lead drivers to make dangerous or negligent decisions on the road.

Alcohol itself is not illegal but driving after having too much alcohol is. The same goes for medical marijuana. Florida’s legalization of medical marijuana spurred the “Drive Baked, Get Busted” campaign from The Florida Department of Highway Safety and Motor Vehicles. This campaign launched early after medical use was authorized in an effort to promote safe driving practices and educate people on the dangers of impaired driving. It warned medical marijuana users of law enforcement’s vigilance in looking out for those they suspect of marijuana-impaired driving.

How Does Florida Law Enforcement Test for Marijuana DUI?

Law enforcement is on high alert for anyone suspected of driving under the influence. Law enforcement is likely to ask you to perform field sobriety exercises, such as ‘walking the line’. These field exercises are designed for people to fail. But even if you choose to undergo field sobriety exercises and do well, there is always a chance that you land in the hands of a police officer who exaggerates or preemptively judges your level of impairment. This is not shocking in the least and fighting back will require the tact and intellect of a top-rated lawyer.

Sobriety tests such as the breathalyzer are not applicable in marijuana-impairment situations, so officers are likely to make their assumption based on the driver’s behavior while driving and after being pulled over, as well as if it smells like marijuana in the vehicle. Law Enforcement agencies are also training officers to become so-called drug recognition experts, who will try to identify marijuana use by measuring and observing your eye movement, as well as measuring your breathing, pulse, and heart rate. Drivers may also be asked to take a blood or urine test to measure THC or other intoxicants.

Criminal Defense Lawyers Serving Okaloosa County, Florida

Medical marijuana serves as a means of survival for countless adults who seek its healing benefits, but there is still much to be done in amending the bias against its users. If you have been pulled over and charged with DUI for medical marijuana and feel law enforcement did so wrongly, we at Chesser & Barr, P.A. want you to know you have rights. You don’t have to settle for the hand you’ve been dealt, as our legal team will go above and beyond to clear your name.

Please don’t hesitate to contact us by calling (850) 610-7471.