Pensacola Defense Lawyers

Can I Get a DUI for Marijuana in Florida?

Posted on Monday, December 9th, 2019 at 12:46 pm    

Even though marijuana legalization and decriminalization is taking effect in various states across the country, it is still very much illegal in Florida. While some states, such as California, Nevada, and Colorado have loosened up their marijuana possession laws significantly, in all 50 states it’s against the law to drive under the influence of marijuana and Florida is no exception.

If you drive under the influence of marijuana, what are the penalties? Are they different than they are for an alcohol-related DUI? Like other states, the penalties for a marijuana DUI in Florida are the same as they are for driving under the influence of alcohol. In fact, the penalties for DUI are the same, regardless if the driver is impaired by alcohol, marijuana, another illegal drug, prescription drugs, or over-the-counter medications.

Does Marijuana Affect Driving?

Studies have found that marijuana affects driving, which is why it’s illegal to drive while you’re under the influence of the drug. According to the National Institute on Drug Abuse (NIDA), “Marijuana significantly impairs judgment, motor coordination, and reaction time, and studies have found a direct relationship between blood THC concentration and impaired driving ability.”

The NIDA continues, “Marijuana is the illicit drug most frequently found in the blood of drivers who have been involved in vehicle crashes, including fatal ones.”

Florida’s DUI Law

Florida’s DUI law is covered under Section 316.193 of the Florida Statutes. In Florida, you break the state’s DUI law if you are under the influence of alcoholic beverages, any chemical substance, or controlled substance under Chapter 893 and your normal faculties are impaired.

There doesn’t have to be a “specific amount” of marijuana in your bloodstream to face marijuana DUI charges, all that matters is that the drug has impaired your normal faculties. The penalties for DUI, whether it’s due to alcohol, marijuana, or another drug or controlled substance are as follows for a first offense:

  • A fine ranging between $500 and $1,000
  • Up to 6 months in jail
  • If the blood alcohol level (BAL) was .15% or higher, up to 9 months in jail

If you or someone you love is facing DUI charges for marijuana, please contact The Morris Firm at (850) 427-6514 to schedule an initial case evaluation.

Next: Don’t Get a DUI This Holiday Season!