Are you being charged with a marijuana DUI in Lakeland, FL? If so, don’t expect the prosecutor to go easy on you. A Lakeland marijuana DUI attorney at Thomas C. Grajek, Attorney At Law can protect your legal rights and help you build a strong defense.
For over 25 years, Attorney Thomas Grajek has fought to protect his clients in criminal court. His work includes handling marijuana DUI cases in Lakeland. He has the resources and the knowledge to get your charges reduced or eliminated altogether.
Call our office at (863) 688-4606, or contact us to schedule an initial consultation and get started on your defense today.
How Thomas C. Grajek, Attorney At Law Can Help If You Are Arrested For A Marijuana DUI In Lakeland, FL
If you are arrested for a marijuana DUI in Lakeland, Florida, Thomas C. Grajek, Attorney At Law will defend you. Attorney Thomas C. Grajek has over 25 years of experience in criminal defense. He is passionate about protecting his clients’ due process rights in criminal court.
Every case is different, but you can count on him to:
- Explain the marijuana DUI charge and potential penalties
- Explain the criminal court process
- File bond motions and argue for pretrial release
- File pretrial motions
- Negotiate for a dismissal or favorable plea deal
- Review and collect evidence
- Handle all communications with the prosecutor
- Represent you at every court hearing
- Litigate at trial
Attorney Grajek is committed to keeping his clients informed and involved at every step of the case. Call our office to schedule a consultation with a Lakeland DUI attorney today.
Overview Of Marijuana DUI Law In Florida
Driving under the influence of marijuana is a serious offense in Florida. It can be charged as either a misdemeanor or felony, depending on the circumstances and if you have prior convictions.
A person is guilty of a marijuana DUI if they are:
- Driving or in actual physical control of a vehicle AND
- Under the influence of marijuana to the extent that the person’s normal faculties are impaired
Being in “actual physical control of a vehicle” can include behavior other than driving. For example, control could include sitting in the driver’s seat of a parked car.
Evidence Of Marijuana DUI
Furthermore, being under the influence of marijuana doesn’t necessarily mean that there is a certain amount of THC in your system. It is enough if the prosecutor can prove that your normal faculties are impaired. This could include:
- Bloodshot eyes
- Odor of marijuana
- Stumbling
- Sweating
- Slurred or delayed speech
- Confusion
The police may collect this evidence through their observations or field sobriety tests. Field sobriety tests are optional, and you are not obligated to participate. If you do agree to field sobriety tests, you should keep in mind that they are not necessarily reliable at detecting marijuana-impaired drivers.
What Are The Penalties For A Marijuana DUI Conviction In Florida?
The penalties for a marijuana DUI conviction depend on how it is charged and whether you have prior DUI convictions. It doesn’t matter if the prior DUIs are from alcohol or marijuana.
A first-offense marijuana DUI carries up to 6 months in jail, a $500 – $1,000 fine, 50 hours of community service, a year of probation, and a license suspension.
A second-offense marijuana DUI carries up to 9 months in jail, a $1,000 – $2,000 fine, 50 hours of community service, a year of probation, and a license suspension.
A third offense could become a felony charge if you were convicted of a DUI within the past 10 years. You would face a mandatory 30 days in jail and potentially up to 5 years in prison. You could also have a $5,000 fine and a 10-year license suspension.
A fourth or subsequent marijuana DUI is a serious felony. It carries up to 5 years in prison, a permanent license revocation, and a $5,000 fine.
Additionally, if you are convicted of a felony marijuana DUI, there are collateral consequences, including:
- Permanent criminal record
- Loss of the right to own a firearm
- Loss of the right to vote
- Difficulty finding or maintaining employment
- Difficulty finding housing
- Social stigma
- Psychological effects
It is best to avoid any marijuana DUI conviction, regardless of misdemeanor or felony.
What Defenses Can Be Raised If I Am Accused Of A Marijuana DUI In Florida?
If you are accused of a marijuana DUI there are many defenses available to you. Unlike alcohol-related DUIs, marijuana DUIs are often harder to prove.
A Lakeland marijuana DUI attorney can identify the strongest defense to your charges. Some of the most common defenses include:
- Not under the influence of marijuana
- Faculties not impaired by marijuana
- Not driving or in actual physical control of the car
- Improper stop
- Unreliable field sobriety tests
- Insufficient evidence
You need to begin building a strong defense as quickly as possible. The sooner you start working with an attorney, the sooner you can have a positive outcome in your case.
Contact A Lakeland Marijuana DUI Attorney For A Consultation
The first step in your case is to call a Lakeland marijuana DUI attorney at Thomas C. Grajek, Attorney At Law. We can schedule an initial consultation so that you learn more about the charges and the criminal court process.