What to Know if You’re Facing DUI/DWI Charges For Marijuana in Florida
If you live in Florida and are facing DUI/DWI charges for marijuana, it’s important to know what to expect. While marijuana is now legal in some form or another in over half the country, driving while high or under the influence of marijuana [weed, cannabis] is still illegal nationwide. This means that if you’re found driving while high on marijuana you could face serious consequences. Read on as we discuss the basics of DUI/DWI charges for marijuana in Florida, including how you can be charged and when to hire a lawyer. When it comes time to hire a DUI/DWI attorney, you’ll want Avera & Smith – the best DUI lawyer in Gainesville, Florida.
Driving Under the Influence of Marijuana
While there are some cannabis regulations in Florida that state some forms of marijuana are legal, driving while high is illegal and can have serious consequences. This is because marijuana can have side effects that can impair your senses and negatively impact your ability to drive. In fact, those who are under the influence of marijuana can experience slowed reaction times, limited short-term memory, a decrease in hand-eye coordination, a false sense of alertness, and difficulty perceiving distance and time. Experiencing these while driving puts you and everyone else at risk.
Unlike alcohol, federal and Florida marijuana laws do not have an impairment limit as it affects users differently and can remain in the body for longer periods of time.
What to Do If Suspected of Marijuana-Based DUI/DWI
First and foremost, do not drive while under the influence of marijuana. It can have a serious impact on your safety and the safety of others on the road.
If you are pulled over and police suspect you of driving under the influence of marijuana, know that police can search your vehicle if they smell burnt marijuana. This new law is still expanding, but it was introduced in March 2021 and upheld by Florida’s Second District Court of Appeals. (Prior to that, police needed another illegal indicator in addition to smelling a marijuana odor to search a vehicle.)
The new law from March 2021 not only means that police can search your car if they smell marijuana, but they can charge you with driving under the influence if indicators point to your impairment. If you are suspected of driving under the influence and arrested, you will likely be required to submit to chemical testing of your blood, urine or breath to prove you are either impaired or innocent.
Charges from a Marijuana-Based DUI/DWI
If you are charged with a marijuana-based DUI or DWI, you could face a slew of legal consequences of driving while high in Florida. These include charge(s) of being in possession of a controlled substance (if your possession is illegal) as well as a second-degree misdemeanor charge if it is a first-time offense. Penalties can also include expensive fines ($1,000 or more), court fees, the revocation of your license, a requirement to attend DUI school and complete community service, and jail time. If you’re convicted of a DUI or DWI under the influence of marijuana, it can remain on your record for 75 years and it cannot be expunged.
When to Hire a Lawyer
If you have been arrested and charged with a DUI or DWI under the influence of marijuana, contact a lawyer right away. You only have a few days after your arrest to request a review hearing as well as a permit to keep your ability to drive. An experienced criminal defense lawyer can help. Our DUI and DWI attorneys at Avera and Smith have successfully handled many cases of marijuana impairment, and we can handle your charges effectively while protecting your rights.
Contact us today. Our criminal defense lawyers are here for you, and we’ll stay by your side through the legal process from start to finish.