While the debate continues over the use of marijuana for recreational or medicinal purposes, one thing remains certain: It is illegal to drive under the influence of marijuana in Florida. And it should also be remembered that passengers in a vehicle could also face charges related to marijuana.
It is a crime in Florida to drive a vehicle while under the influence of marijuana (as well as other drugs, alcohol or a mix of substances). Being under the influence is defined as a driver who was in physical control of the vehicle while being affected, or influenced, by the drug, to the point that the drug has impaired the driver’s normal abilities.
For a first conviction, defendants could be sentenced up to six months in jail, be hit with a fine between $500 and $1,000, or both. A second conviction could bring as many as nine months in jail, a fine ranging from $1,000 to $2,000 and mandatory placement of an ignition interlock device in the defendant’s car for a minimum of one year. For a third conviction within a period of ten years, the charge becomes a third-degree felony, with penalties that include as many as five years in jail and a mandatory ignition interlock device placement for a minimum of two years.
Should death, serious injury or property damage result from a marijuana DUI event, harsher fines and prison time will be imposed by the court. The judge will also make monthly probation reporting a requirement and compel the offender to complete a substance abuse course as well as engage in community service. The defendant’s vehicle could also be immobilized or impounded.
If you have been charged with a driving offense related to being under the influence of marijuana, you should consult a criminal defense attorney who has experience in this particular area of the law. Penalties and consequences of such charges are governed by the Florida statutes, but only a criminal defense lawyer from your local area can advise you on how cases such as yours might be treated by prosecutors and judges.
Please feel free to contact one of our specialists in this area today.
