What Happens if I’m Charged with a Marijuana DUI?

Driving while under the influence of marijuana is a punishable crime in every state nationwide, but the rules and procedures governing marijuana DUIs are inconsistent at best. For example, two of Florida’s largest cities, Tampa and Miami, handle the recently decriminalized plant in vastly different ways. Meanwhile, if you travel a few hours north to Orlando, marijuana is still criminalized, but police officers are starting to hand out citations instead of arrests.

If you are charged with a marijuana DUI, your best option is to contact a criminal defense law firm in Tampa with experience handling marijuana DUI cases. Having a legal representative with the right connections can prove to be a major boon for your case, especially when considering the murky laws that fail to clearly establish specific penalties for marijuana DUIs. With the right representation, your case could be reduced from DUI to possession or thrown out altogether.

Common Consequences of a Marijuana DUI

In most cases, a marijuana DUI is handled similarly to any other DUI. If you are convicted of driving while under the influence of marijuana, you can expect to face consequences including:

  • License suspension
  • Drug and alcohol counseling
  • Fines
  • Probation
  • Jail time

Fortunately, marijuana DUIs are inherently different from DUIs involving alcohol because there is currently no standardized apparatus like a breathalyzer to supply the court with irrefutable evidence about your physiological state when you were charged. Case reports depicting the “smell of marijuana” or “bloodshot eyes” are less effective forms of evidence for indicting those accused of marijuana DUIs. However, a new marijuana breathalyzer is being developed and aims to justly determine whether or not someone has used cannabis recently without flagging people who may have used marijuana in recent days but aren’t currently inebriated.

Fighting a Marijuana DUI Charge

If you are pulled over and charged with a DUI, you must immediately contact a federal defense attorney in Tampa to help you navigate the legal process of fighting for your innocence and ensuring your constitutional rights are observed. At the Rickman Law Firm, our dedicated legal team recommends maintaining a written account of your traffic stop including:

  • Descriptions of any interactions with police officers
  • Details of your arrest and the testing procedures employed to screen your sobriety
  • Where you were leaving when you were pulled over
  • Where you were going when you were pulled over
  • Any other details that could affect your case or help you fight your charges

After you’ve established the facts of your case, you’ll most likely attend an administrative law hearing, evidentiary hearing, and pretrial negotiation to clarify the details surrounding your case and determine whether or not the state can proceed with your charges.

For a free consultation with an experienced federal defense attorney in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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