🌿 What Is a Weed DUI in Florida? Does DUI Always Mean Alcohol?
Most people think of alcohol when they hear “DUI”—but in Florida, driving under the influence of marijuana (a “weed DUI”) can carry the same penalties as alcohol-related offenses.
If you were stopped in Fort Lauderdale or South Florida, and the officer suspects cannabis impairment, you could be charged with DUI—even if your breath test is clean.
🚨 What Is a Marijuana (Weed) DUI?
A marijuana DUI occurs when a driver is suspected of being impaired by cannabis (THC) while operating a vehicle.
But here’s the challenge: unlike alcohol, there is no defined “legal limit” for marijuana impairment in Florida, and testing for it is scientifically unreliable.
Recently Arrested for A DUI in South Florida?
🔬 Understanding Cannabis Metabolites: What Tests Really Show
If you consume cannabis, your body produces metabolites—substances detectable in your urine, blood, or saliva for up to 30 days. However:
- ✅ Metabolites do not prove you were impaired at the time of driving
- ✅ They may show up long after effects have worn off
- ✅ Florida often uses urine tests, which only detect inactive THC metabolites
📊 CDC Fact: Marijuana can impair driving—but testing for metabolites alone can’t confirm real-time impairment. That’s why toxicologists and defense attorneys frequently challenge these results.
⚖️ How Is Weed DUI Prosecuted in Florida?
DUI laws under Florida Statute § 316.193 apply to any substance that impairs your normal faculties—not just alcohol.
Common prosecution tools:
- 🚔 Officer observations (bloodshot eyes, odor of cannabis, speech)
- 🧪 Urine test showing cannabis metabolites
- 👣 Field Sobriety Exercises (FSEs) and body camera footage
- 📋 Statements made during the stop
🛡️ Defending Against Marijuana DUI Charges in Fort Lauderdale
Attorney Michael White has defended many clients whose breath tests came back clean—only to face DUI charges after a urine test showed cannabis metabolites.
✅ But here’s the truth: No test exists that can prove marijuana impairment at the time of driving.
Effective defense strategies include:
- Challenging the validity of the traffic stop
- Disputing the scientific value of urine test results
- Using expert toxicologists to explain metabolite limitations
- Pointing out lack of probable cause for testing
📈 Marijuana DUI in Florida: The Numbers
- 💡 THC metabolites can remain in the system up to 30 days for frequent users
- 📊 NHTSA reports a 25% increase in crash risk for marijuana users—but no test reliably proves real-time impairment
- 🧪 Urine testing remains the most common method in Florida DUI cannabis cases—even though it only detects past use
👨⚖️ Charged with Weed DUI in South Florida? Don’t Wait.
Marijuana-related DUI charges carry the same penalties as alcohol DUIs:
- Jail time
- License suspension
- Fines and DUI school
- A permanent criminal record
- But with the right strategy, many cases can be dismissed or reduced.
👨⚖️ Charged with Weed DUI in South Florida? Don’t Wait.
Q1: Can I get a DUI in Florida for using marijuana?
A: Yes. Florida law allows DUI charges for any substance—including marijuana—that impairs your ability to drive, even if no alcohol is involved.
Q2: Do cannabis metabolites prove I was impaired while driving?
A: No. THC metabolites can stay in your system for up to 30 days. Their presence doesn’t prove you were impaired at the time of driving.
Q3: What kind of test do police use to detect marijuana in DUI stops?
A: In most Florida cases, police use a urine test—which only detects past cannabis use and does not measure real-time impairment.
Q4: Is marijuana DUI treated the same as alcohol DUI in Florida?
A: Yes. Marijuana-related DUI carries the same penalties as alcohol DUI—jail, fines, license suspension, DUI school, and a permanent criminal record.
Q5: Can I fight a marijuana DUI charge in Fort Lauderdale or South Florida?
A: Absolutely. With the help of a skilled DUI attorney, you can challenge the test results, question the officer’s observations, and fight to reduce or dismiss the charges.
✅ Why Choose Michael White, P.A.
- 🧠 Deep knowledge of cannabis metabolite science
- 📍 Local to Fort Lauderdale and South Florida
- ⚖️ Proven results in challenging DUI evidence
- 📞 Free, personalized consultations
📞 Call (954) 710-0925 or schedule your consultation online today.
