States across America continue to legalize weed, but Florida has yet to jump on the bandwagon. Despite its illegal status, marijuana use continues to grow in the Sunshine state. Due to this increase in use, marijuana-related arrests are becoming more prevalent. One of these charges is called driving while under the influence of drugs (DUIDs), but when it comes to marijuana-related DUIDs, prosecutors are having trouble securing guilty verdicts.
The Problem with Prosecuting Marijuana DUIDs
Most people can tell you the prevalent testing methods police use to charge someone for driving under the influence of alcohol (DUI); a blood alcohol content (BAC) percentage of 0.08%, the inability to “walk the line”, slurred speech while attempting to recite the alphabet backwards. However, if you ask Floridians what tests are used to prove marijuana-DUIDs, they probably wouldn’t give you an answer. That’s because the state has no way to prove marijuana-DUIDs!
A breathalyzer is used to test someone’s BAC, but there is no simple way for police to test for the Tetrahydrocannabinol (THC) in someone’s system. Even if police were to collect blood and find THC in someone’s system, there is no “illegal limit”, as studies show trace amounts of THC do not translate to a clear level of impairment.
When someone is over 0.08% BAC, they are drunk, and there is no doubt their driving ability is impacted. However, when someone has THC in their system, there is no way to prove they are impaired! As a result, prosecutors find it difficult to prove that marijuana-use actually impairs drivers, which makes guilty verdicts for this charge rare for the time being.
Arrested for Marijuana DUID?
Getting representation early can help your case move along at a faster pace. If you or a loved one are arrested for a marijuana-related DUID, it’s crucial you hire experienced criminal defense as soon as possible.
Call (954) 840-8713 now to set up a free consultation with Hager & Schwartz, P.A.!