Marijuana DUI Defense Lawyer
Daytona Beach Marijuana DUI Attorney
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
Marijuana DUI cases are among the fastest-growing DUI prosecutions in Florida.
As marijuana use becomes more common throughout the country, law enforcement agencies have increasingly focused on investigating drivers suspected of being impaired by cannabis.
Many people are surprised to learn that a person can be charged with DUI even when:
- No alcohol is involved.
- The marijuana was legally obtained.
- The person has a medical marijuana card.
- The person used marijuana hours earlier.
- The person did not feel impaired.
Unlike alcohol-related DUI cases, marijuana DUI prosecutions often involve significant scientific, legal, and evidentiary challenges.
These cases are frequently more complicated than traditional DUI prosecutions.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with marijuana-related DUI offenses throughout Daytona Beach, Volusia County, Flagler County, and throughout Central Florida.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He understands how impairment investigations are conducted because he participated in them.
Today, he uses that experience to challenge marijuana DUI allegations and protect his clients’ rights.
Can You Get A DUI For Marijuana In Florida?
Yes.
Florida law prohibits driving while impaired by controlled substances, including marijuana.
The issue is not whether marijuana was consumed.
The issue is whether the State can prove impairment at the time of driving.
Those are two very different things.
Many people mistakenly believe a positive drug test automatically proves guilt.
That is not how marijuana DUI cases work.
Medical Marijuana Does Not Create Immunity
Florida’s medical marijuana laws do not provide immunity from DUI prosecution.
Even individuals who possess valid medical marijuana cards may be charged if law enforcement believes they were impaired while operating a vehicle.
The existence of a medical marijuana card does not automatically establish impairment.
Likewise, it does not automatically prevent prosecution.
Why Marijuana DUI Cases Are Different From Alcohol Cases
Alcohol DUI cases often involve breath test results.
Marijuana cases do not.
There is currently no universally accepted marijuana equivalent of the .08 alcohol limit used in traditional DUI cases.
This distinction creates significant legal and scientific issues.
Questions frequently arise regarding:
- When marijuana was consumed
- Whether impairment actually existed
- The significance of toxicology results
- The reliability of officer observations
These issues often become the center of the defense.
THC Can Remain Detectable Long After Use
One of the most important facts in marijuana DUI cases is that THC and its metabolites may remain detectable long after any impairing effects have ended.
Depending upon the individual and circumstances, marijuana-related compounds may remain detectable for:
- Days
- Weeks
- Sometimes longer
As a result:
A positive test does not automatically prove current impairment.
This distinction is frequently one of the most important issues in the case.
Presence Does Not Equal Impairment
Many people are arrested because a laboratory detects THC or marijuana metabolites.
However, the presence of a substance and actual impairment are not the same thing.
A toxicology report may indicate:
- Prior use
- Recent use
- Residual metabolites
It does not necessarily establish that the person was impaired while driving.
The State must still prove impairment.
How Marijuana DUI Investigations Usually Begin
Most marijuana DUI cases begin with:
Traffic Stops
An officer initiates a stop based upon alleged driving behavior or a traffic violation.
Accident Investigations
A crash leads to further investigation.
Vehicle Searches
Officers claim to detect the odor of marijuana or discover marijuana-related items.
Checkpoints
Some investigations begin during DUI checkpoint operations.
Related Page:
DUI Checkpoints In Florida
Officer Observations Often Become Critical
Because there is no breath-test equivalent for marijuana, prosecutors frequently rely upon officer observations.
Examples may include:
- Red or watery eyes
- Slow speech
- Delayed responses
- Odor of marijuana
- Perceived coordination problems
These observations are often subjective.
Many factors other than impairment may explain them.
The Odor Of Marijuana Does Not Prove Impairment
One of the most common allegations in marijuana DUI cases involves odor.
However, odor alone does not establish:
- Impairment
- Recent use
- When marijuana was consumed
- How much marijuana was consumed
The presence of an odor and actual impairment are different issues.
Field Sobriety Exercises In Marijuana Cases
Field sobriety exercises frequently play a major role in marijuana DUI prosecutions.
These exercises are subjective.
Performance may be affected by:
- Fatigue
- Anxiety
- Medical conditions
- Physical injuries
- Nervousness
Poor performance does not automatically establish marijuana impairment.
Related Page:
Field Sobriety Exercises
Drug Recognition Experts (DRE Officers)
Many marijuana DUI prosecutions involve Drug Recognition Experts.
These officers receive specialized training intended to identify possible drug impairment.
However, DRE officers are not:
- Physicians
- Toxicologists
- Pharmacologists
Their opinions are still opinions.
They remain subject to challenge.
Related Page:
What Is A Drug Recognition Expert?
Blood Testing In Marijuana DUI Cases
Many marijuana DUI prosecutions involve blood testing.
Blood testing may reveal:
- THC
- Marijuana metabolites
- Other substances
Important questions frequently include:
- What was detected?
- In what amount?
- When was it consumed?
- Does the result establish impairment?
These questions often require scientific analysis.
Related Page:
Blood Test DUI Cases
Prescription Medications And Marijuana
Some DUI investigations involve allegations that marijuana was used in combination with prescription medications.
These cases frequently involve complex toxicology issues.
Questions often arise regarding:
- Drug interactions
- Therapeutic medication levels
- Medical conditions
- Actual impairment
Related Page:
DUI With Prescription Drugs
Marijuana DUI Accident Cases
Some marijuana DUI prosecutions arise after traffic accidents.
Investigators may examine:
- Toxicology evidence
- Witness statements
- Accident reconstruction
- Vehicle data
The existence of a crash does not automatically establish impairment.
Related Page:
DUI Causing Property Damage Or Injury
Common Defenses In Marijuana DUI Cases
Every case is unique.
Potential defenses may include:
Lack Of Impairment
The State may be unable to prove actual impairment.
Presence Does Not Equal Impairment
Detection of THC does not automatically establish impaired driving.
Faulty Toxicology Interpretation
Laboratory findings may be misinterpreted.
Medical Explanations
Symptoms may result from medical conditions rather than marijuana use.
DRE Challenges
Drug Recognition Expert conclusions may be challenged.
Faulty Field Sobriety Exercises
Physical and environmental factors may affect performance.
Constitutional Violations
Searches, seizures, blood draws, and interrogations must comply with constitutional requirements.
Why Marijuana DUI Cases Are Frequently Defensible
Marijuana DUI cases often present significant proof problems for prosecutors.
Unlike alcohol cases:
- There is no universally accepted impairment number.
- Presence does not necessarily equal impairment.
- Officer observations are often subjective.
- Toxicology evidence may be open to interpretation.
These issues frequently create opportunities for the defense.
Frequently Asked Questions
Can I Be Charged With DUI If I Have A Medical Marijuana Card?
Yes.
Medical marijuana authorization does not prevent DUI prosecution.
Does A Positive THC Test Mean I Am Guilty?
No.
The State must still prove impairment.
Is There A Legal THC Limit In Florida?
Florida does not use a universally accepted THC impairment limit similar to the .08 alcohol standard.
Can Marijuana Be Detected Long After Use?
Yes.
Marijuana-related compounds may remain detectable long after any impairing effects have ended.
Can A Marijuana DUI Be Reduced Or Dismissed?
Some marijuana DUI cases are successfully challenged, reduced, or dismissed.
Every case depends upon the facts and evidence.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have participated in impairment investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn DUI investigations from reports and training materials.
Patrick participated in them.
That experience provides valuable insight when defending marijuana DUI cases.
A Career Dedicated To Examining The Evidence
Every marijuana DUI case raises important questions.
Was the person actually impaired?
What does the toxicology evidence really show?
What do the officer’s observations actually mean?
Can the State truly prove its case?
Patrick has spent decades evaluating evidence and asking those questions.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and determining the truth.
That same commitment guides every marijuana DUI defense today.
Contact A Daytona Beach Marijuana DUI Lawyer
A marijuana DUI charge can threaten your freedom, your driver’s license, your career, and your future.
Do not assume a positive THC result means conviction.
Do not assume the officer’s conclusions are correct.
The science matters.
The evidence matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach marijuana DUI lawyer can help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida