DUI Under the Influence of Marijuana: What You Need to Know
Contacting a Fort Pierce criminal defense lawyer is essential to defending against your DUI case. Marijuana is currently the most commonly used illegal drug in the entire state of Florida. Stuart, Port St. Lucie, Martin County and St. Lucie County residents must all remain on high alert that law enforcement will arrest your for driving under the influence of Marijuana.
What Elements Must the State Prove for a Conviction Under the Influence of Marijuana?
The State must prove the following two elements beyond a reasonable doubt:
- (Defendant) drove [or was in actual physical control of] a vehicle.
- While driving [or in actual physical control of] the vehicle, (defendant)
- was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.
Fla. Crim. J. Instr. 28.1
How Can Marijuana Impact My Normal Faculties?
Tetrahydrocannabinol is the primary psychoactive element of marijuana, which may affect the brain functions and lead to impairment as a result.
What Are Some Clues Florida Officers Use to Determine Marijuana Impairment?
- Inability To Concentrate
- Tremors of the Eyelids
- Confused Facial Expressions
- Red eyes, odor of cannabis, or paraphernalia found inside the vehicle
- Delayed or decreased reaction time
- Decreased short-term memory
- Poor hand-eye coordination
- Lack of concentration
- Decreased perception of time and distance
Urine and Blood Tests
Cannabinoids are detectable long after the driver has consumed the drug. There are a wide range of urine and blood tests used by officers in the Stuart, Port St. Lucie, Martin County, St. Lucie County regions. It is best not to submit to any urine or blood test if you have consumed marijuana even though your license may be temporarily suspended.
However, an attorney can file a motion to suppress the blood or urine results if legal grounds apply.
What Are the Potential Defenses and Penalties?
The roadside assessment is going to hold a great deal of weight when it comes time for a jury to determine penalties. Dashcam footage may also be used. In most instances, additional evidence will be needed to convict the defendant.
Contact Our Fort Pierce Criminal Defense Lawyer
We have the experience you need to fight your Marijuana DUI charge. Contact our law firm now to get your free legal consultation at 772-579-0347.