The legalization of marijuana for medical use in Florida has made it easier for qualified patients to access cannabis. However, the question of how law enforcement determines whether someone is driving under the influence of marijuana remains unclear. Unlike alcohol, where a breathalyzer test can give immediate results about drunk driving, no accurate roadside test exists for marijuana intoxication. This raises significant concerns about how law enforcement evaluates drivers suspected of driving high.
The complexities of field sobriety tests for weed and how marijuana impairment is assessed pose challenges for both law enforcement and drivers. Current testing methods may not be as reliable as they seem, and understanding the laws related to drug crimes is crucial if you are stopped under suspicion of driving while impaired by marijuana.
The Difference Between Alcohol and Marijuana Impairment
When it comes to alcohol, determining impaired driving is relatively straightforward. Law enforcement can use a breathalyzer or a blood alcohol concentration (BAC) test to measure how much alcohol is in a driver’s system. Florida law sets a legal limit of 0.08% BAC, making it easy to identify when someone is driving under the influence.
However, when it comes to THC impairment, the situation is much murkier. THC, the active compound in marijuana, affects everyone differently, and it doesn’t metabolize in the same way as alcohol. While alcohol is quickly eliminated from the body, THC can remain in your system for days, or even weeks, after use. This presents a significant challenge for determining whether someone is currently under cannabis impairment or simply has residual THC in their system.
And unlike alcohol, there is no agreed-upon “legal limit” for THC in Florida. This means that law enforcement must rely on other methods to assess whether a driver is impaired by marijuana.
How Do They Test If You’re Driving High?
Since there’s no reliable breathalyzer equivalent for marijuana, law enforcement must rely on field sobriety tests and blood or urine tests to determine impairment. Field sobriety tests were originally designed to detect alcohol impairment and include physical and cognitive tests to assess a potentially impaired driver’s coordination, balance, and attention.
These standardized field sobriety tests include:
- Horizontal Gaze Nystagmus (HGN) test observes involuntary eye movements.
- Walk and Turn test, which assesses balance and the ability to follow directions.
- One-Leg Stand test, which also evaluates balance and coordination.
However, these tests were not created with marijuana users in mind, and studies have shown they may not accurately detect marijuana impairment. THC affects individuals differently, often without causing the same physical impairments associated with alcohol use. For instance, a person high on marijuana may not exhibit poor balance or coordination but could still have delayed reaction time or impaired judgment.
The Limits of Field Sobriety Tests for Weed
Field sobriety tests are already controversial for their subjective nature when it comes to identifying drivers with alcohol, and they are even less reliable for marijuana impairment. In fact, a study from the National Highway Traffic Safety Administration (NHTSA) in 2017 reported no clear link between THC levels in the body and impairment. This makes it difficult for police officers to rely solely on these tests when determining if a driver is impaired by marijuana.
Moreover, marijuana affects different people in different ways. Factors such as frequency of marijuana use, body weight, and tolerance all play a role in how someone reacts to THC. For instance, a regular medical marijuana user with a valid prescription could have THC in their system without feeling high or impaired at all. On the other hand, someone who rarely uses marijuana might experience strong effects with a small dose, even if they test below a certain threshold.
Given these variables, field sobriety tests are far from reliable when it comes to detecting marijuana impairment.
Can Blood or Urine Tests Measure THC Impairment?
In addition to field sobriety tests, a police officer may also request that alleged impaired drivers take a blood or urine test to check for the presence of THC. However, these tests are equally flawed when it comes to determining current marijuana intoxication. Since THC can remain in the bloodstream long after its effects have worn off, a positive test doesn’t necessarily indicate that an alleged impaired driver is high at the time of the test.
Blood tests can detect THC in your system for up to 24 hours after use, but that doesn’t mean you are still impaired. Urine tests, on the other hand, can detect THC for weeks, particularly for regular users. Therefore, someone could test positive for THC despite not having consumed marijuana for days.
This ambiguity has led to problems in court, as prosecutors may struggle to prove that a driver was actually impaired at the time of the traffic stop. Florida law is clear that it is illegal to drive under the influence of marijuana, but proving impairment based on THC levels alone is far more difficult than it is with alcohol.
Florida Law on Driving Under the Influence of Marijuana
In Florida, it is illegal to drive under the influence of any drug, including marijuana and prescription drugs, under Florida Statutes Section 316.193. Even if you are a qualified medical marijuana patient with a valid prescription, you can still be charged with Driving Under the Influence of drugs if a law enforcement officer believes you are impaired.
The law defines impairment as having your normal faculties impaired by alcohol, chemicals, illegal drugs, or controlled substances, including marijuana. The key issue here is proving impairment, which, as we’ve seen, is not straightforward when it comes to marijuana.
If you are suspected of impaired driving while under the influence of marijuana, a police officer may request that you submit to a blood or urine test under Florida’s implied consent laws. Refusing to submit to these tests can result in an automatic suspension of your driver’s license for up to a year, even if you aren’t ultimately convicted of a DUI.
Challenges in Proving THC Impairment in Court
In Florida, the prosecution has to prove you were actually impaired by the drug in order to convict you of DUI. It’s not enough to prove there was a drug in your system or that you were merely affected but not impaired. With cannabis, this is critical because THC only causes a “high” for a couple of hours, and this is when the driver would be most impaired. However, THC remains in the bloodstream for far longer than it causes the “high” — often days or weeks. So, a blood test showing some level of THC in your system wouldn’t be enough for a DUI.
Given the limitations of field sobriety tests and the unreliability of blood and urine tests, building a strong case to prove marijuana intoxication can be difficult. Courts in several states have already ruled that law enforcement officers are not always qualified as drug recognition experts to determine whether a driver is impaired by marijuana. For example, in Arizona v. Harris, the Arizona Supreme Court ruled that the mere presence of THC in a person’s system does not prove impairment. Other states have adopted similar rulings, which challenge the way marijuana-related DUI cases are handled.
As marijuana legalization continues to spread across the United States, it’s likely that more states will be forced to confront the inadequacies of current testing methods for marijuana impairment.
What to Do If You’re Accused of Driving High
If you’ve been accused of driving under the influence of marijuana in Florida, it’s essential to understand your rights and the limitations of the tests used to determine impairment. A strong legal defense can challenge the evidence brought against you.
A qualified criminal defense attorney like Mike G Law can examine the validity of the field sobriety tests administered by police officers, the accuracy of any blood or urine tests, physical evidence, and whether law enforcement followed proper procedure. Because marijuana DUI cases are more complicated than alcohol-related DUI cases, it’s crucial to have an experienced criminal defense law firm that understands the nuances of the law and THC impairment.
Contact Mike G Law If You’re Accused of Impaired Driving
Navigating a marijuana-related DUI charge in Florida can be confusing and stressful. With so much uncertainty surrounding how law enforcement measures marijuana impairment, it’s essential to have a legal team that understands the complexities of your case.
If you’ve been charged with a marijuana-related DUI, contact Mike G Law today for a free consultation. Mike G has experience defending clients accused of numerous criminal charges, including driving under the influence of marijuana. He will evaluate the evidence and the criminal charges, try to protect your rights, and help you fight for the best possible outcome.
You deserve a skilled representative who is adept at providing aggressive defense strategies. To schedule an initial consultation, call 813-221-4303, or contact the law office of Mike G online.