In November, 2014, Florida voters failed to pass Amendment 2, which would
have legalized medical marijuana statewide. Still, the prevalence of marijuana
use in our communities is hard to deny and has added a unique set of challenges
to law enforcement, prosecutors, and defense attorneys alike when it comes
to DUI charges.
Marijuana DUIs have become a more and more common DUI offense, but is still a relatively
new crime and the subject of several critical misunderstandings.
Generally speaking, in Florida and all over the country, marijuana DUIs
are easy to charge but difficult to convict. There are several reasons
for this, most of which revolve around the testing of cannabinoids, or
the chemical traces of marijuana that can be found in a suspected motorist's
Complications in marijuana DUI charges include:
- The fact that cannabinoids can only be detected by urine or blood samples
- The fact that cannabinoids can linger in driver's system
- The fact that that only cannabinoid tested for 9-carboxy-THC
The third point here is the most crucial: 9-carboxy-THC is not an active
compound from marijuana that makes users high—it is a metabolized
remainder of other marijuana compounds. That means that not only do these
cannabinoids make a urine or blood samples test "positive" for
a DUI days or even weeks after marijuana was used, they also are not even
the part of the drug that impairs driving.
Knowledgeable Representation is the Best Defense
It will take time for law enforcement procedure and technology to create
a more accurate tests and policies for detecting drug DUI offenses, but
when an arrest does happen, effective legal counsel can still provide
a strong defense against these charges. Not all defense attorneys understand
the new science behind these DUI offenses are not up to the task of speaking
to invalidity of a marijuana DUI charge in court.
As some of Florida's most premiere
DUI lawyers, our team at
Beckham Solis, Attorneys at Law are continually engaged with this rapidly changing branch of criminal
defense. We know the laws, the science, and present shortcomings involved
with charging and trying marijuana DUIs and are ready to bring that unmatched
knowledge and understanding to your case.
If you or a loved one have been charged with a marijuana DUI, then we invite
you to call us at Beckham Solis, Attorneys at Law today. A dedicated Miami
DUI defense attorney is ready to offer you a