Marijuana DUI Charges in Florida: What You Need to Know

Tampa Marijuana DUI Defense: Understanding Florida’s Driving High Laws

With the increasing availability of medical marijuana and products like Delta-8 and CBD in Florida, many Tampa Bay residents are unsure about driving laws. A common and dangerous misconception is that driving after using cannabis products is legal. However, in reality, driving while impaired by marijuana or THC in Florida, regardless of whether it was legally prescribed or purchased, can result in serious DUI charges.

If you’re facing a marijuana DUI charge in Tampa or Hillsborough County, you need experienced legal help immediately. At The Brancato Law Firm, P.A., we specialize in defending clients against unfair and exaggerated marijuana DUI prosecutions in the Tampa Bay area. Here’s a breakdown of what you need to know about marijuana DUIs in Florida.

Florida DUI Law Covers Marijuana and THC Products

Under Florida Statute 316.193, it is illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, controlled substances, or chemical substances, to the extent that your normal faculties are impaired.

Importantly, marijuana – including Delta-9 THC, Delta-8 THC, and medical marijuana – is considered a controlled substance under Florida law. Consequently, impairment from these substances can lead to a DUI conviction in Tampa, just like impairment from alcohol.

How Tampa Police Investigate Marijuana DUI Cases

Unlike alcohol DUIs, where officers often use breathalyzers to measure BAC, proving marijuana impairment is more complex. Tampa law enforcement and Hillsborough County deputies rely heavily on several factors during a marijuana DUI investigation.

Officer Observations

Police look for visible signs like bloodshot or glassy eyes, the odor of cannabis, difficulty with motor skills, or slow reaction times.

Field Sobriety Exercises (FSEs)

Officers ask drivers to perform standardized tasks such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test.

Driver Statements

Police ask questions that might lead a driver to admit recent marijuana or THC product use.

Vehicle Searches

Officers may search the vehicle for physical evidence like edibles, vape pens, or cannabis flower.

Chemical Tests

Authorities request urine or blood tests to detect the presence of THC metabolites in your system.

Challenges in Proving Marijuana Impairment in Tampa DUI Cases

Marijuana DUI cases, particularly those investigated in Tampa and Hillsborough County, are often highly defensible. Several factors make them challenging for the prosecution to prove beyond a reasonable doubt.

Presence vs. Actual Impairment

THC metabolites can linger in your system for days or even weeks after use, long after any intoxicating effects have worn off. Therefore, a positive test doesn’t automatically mean you were impaired while driving.

Lack of a Scientific “Legal Limit”

Unlike alcohol, there is no widely accepted “legal limit” for THC in the blood that definitively proves impairment across all individuals. As a result, prosecutors often struggle to present clear scientific evidence of impairment based solely on THC levels.

Unreliable Field Tests for Cannabis

Standard field sobriety exercises were designed to detect alcohol impairment and are often poor indicators of marijuana impairment. Furthermore, performance on these tests can be affected by many factors unrelated to cannabis use.

Subjective Officer Opinions

Much of the prosecution’s case often rests on the arresting officer’s subjective opinion of impairment rather than objective scientific proof. This subjective interpretation can be challenged in court.

In summary, the evidence presented by the state in many Tampa marijuana DUI cases is based on these subjective and often unreliable factors, rather than true proof of driving impairment at the time of the stop.

Medical Marijuana and DUI in Florida

Holding a valid medical marijuana card in Florida does not provide immunity from DUI charges. Even if you are legally using medical marijuana, you can still be arrested for DUI if a Tampa police officer or Hillsborough deputy believes your ability to drive was impaired by it. However, having a card can be a factor in your defense, allowing your attorney to argue medical necessity and challenge claims of impairment based on your lawful use.

Delta-8, Delta-9, and DUI in the Tampa Bay Area

Delta-8 THC is a cannabinoid derived from hemp and is currently sold legally in Florida under specific conditions. Despite its legal status, you are not immune from DUI charges if you drive while impaired by Delta-8.

• Delta-8 can cause intoxication and impair driving ability, especially at higher doses.
• Law enforcement officers are trained to recognize impairment from Delta-8 and treat it the same as impairment from Delta-9 THC.
• Using Delta-8 can lead to DUI charges in Tampa if officers believe you were impaired while driving, even though you purchased the product legally. Ultimately, the focus is on impairment, not necessarily the legality of the substance’s origin.

Penalties for Marijuana DUI in Florida

A conviction for marijuana DUI in Florida carries the same serious penalties as an alcohol DUI conviction. For a first offense in Tampa:

• Up to 6 months in the Hillsborough County jail
• Fines between $500 and $1,000
• Driver’s license suspension for 6 to 12 months
• Mandatory DUI school and substance abuse evaluation
• Up to 12 months of probation
• Mandatory vehicle impoundment
• Potential installation of an ignition interlock device if aggravating factors are present.

Keep in mind that subsequent offenses or DUI cases involving serious injury result in significantly harsher penalties, including potential prison time.

Proven Defenses Against Tampa Marijuana DUI Charges

Facing a marijuana DUI charge in Tampa requires a skilled legal defense. At The Brancato Law Firm, P.A., we build aggressive defense strategies tailored to the unique circumstances of your case.

Examples of potential defenses include:

• Challenging the lawful basis for the initial traffic stop.
• Attacking the administration and reliability of the field sobriety exercises.
• Arguing the lack of scientific evidence of actual impairment at the time of driving.
• Questioning the procedures used during urine or blood testing.
• Filing motions to suppress evidence obtained through illegal searches or statements.
• Consulting with forensic toxicologists to refute the state’s claims about impairment levels.

Every marijuana DUI case in Tampa is unique. Therefore, a thorough and aggressive defense strategy can make a crucial difference in the outcome.

Why Early Legal Help Matters in Tampa DUI Cases

Marijuana DUI cases are technically complex and depend heavily on specific evidence. Thus, the sooner you retain an experienced Tampa DUI attorney, the sooner we can take critical steps to protect your rights.

Early legal action allows us to:

• Demand the preservation of police body camera and dash camera footage.
• Challenge the administrative suspension of your driver’s license.
• Arrange for expert analysis of any chemical test results.
• Begin strategic negotiations with the prosecution or prepare your case for trial.

Waiting can mean missed opportunities to build the strongest possible defense.

Charged With Marijuana DUI in Tampa? Contact Our Firm Today.

If you have been arrested or charged with DUI involving marijuana or THC products in Tampa, Hillsborough County, or the surrounding Tampa Bay area, do not wait to seek legal counsel.

Contact The Brancato Law Firm, P.A. today for a confidential case evaluation. Call (813) 727-7159 or complete our online form.

We understand the complexities of challenging marijuana DUI prosecutions in Florida and the Tampa court system. We are ready to fight for your future and help you pursue the best possible outcome.