Have you been accused of a marijuana DUI in Polk County, Florida? Grajek Criminal Defense Attorneys can help when you call (863) 688-4606. Scheduling a confidential consultation with a Polk County marijuana DUI lawyer can help you better understand your options and what to expect moving forward.
Facing a marijuana DUI can feel stressful, especially when the case depends on questions about impairment, chemical tests, or what an officer says they saw. Our team understands Florida DUI laws and the challenges that come with THC-related cases. We help people protect their rights and make informed decisions at every step.
Why Choose Grajek Criminal Defense Attorneys To Help Me if I’ve Been Accused of a Marijuana DUI in Polk County?
Choosing a defense firm with strong knowledge of Florida’s criminal justice system can make a significant difference in your case. Grajek Criminal Defense Attorneys offers experience, training, and local insight that can help you face a marijuana DUI charge in Polk County, FL.
Clients choose us because:
- Our founding Attorney Tom Grajek has over 25 years of experience defending clients, particularly in cases involving DUI or drug-related charges.
- He has received prestigious recognitions, including inclusion in the National Trial Lawyers Top 100 Trial Lawyers and membership in the National Association of Criminal Defense Lawyers, among others.
- As one of just four ACS-CHAL Forensic Lawyer-Scientists in Florida, Attorney Grajek brings specialized expertise in forensic science to counter questionable evidence and defend clients effectively.
- Our team is locally based in Polk County and has extensive experience in the Florida criminal justice system.
If you’ve been accused of a marijuana DUI, Attorney Grajek and his team are prepared to walk you through the process, supporting you and protecting your rights every step of the way. Reach out today to speak with a Polk County criminal defense attorney.
What Is a Marijuana DUI in Florida?
Florida law makes it illegal to drive under the influence of alcohol or any controlled substance, including marijuana. A charge involving marijuana is often called a “marijuana DUI.”
However, Florida does not set a legal limit for THC the way it does for alcohol. This means officers and prosecutors rely heavily on observations, field tests, and chemical testing—tools that often do not clearly show whether someone was truly impaired.
A marijuana DUI allegation may stem from:
- Claims that your normal faculties were impaired
- Field sobriety exercises interpreted as signs of intoxication
- Blood or urine tests detecting THC or its metabolites
- Observations such as slowed responses, red eyes, or unusual driving behavior
THC can stay in the body long after its effects wear off. Because of this, many marijuana DUI cases involve debates over how reliable the evidence really is.
What Are the Penalties for Marijuana DUI in Polk County, Florida?
A marijuana DUI is treated the same as an alcohol-based DUI under Florida law. The potential penalties increase with each conviction, leading to significant long-term consequences.
Anyone convicted of a DUI in the state of Florida may face fines and imprisonment as follows:
- First conviction: Between $500 and $1,000 in fines; up to 6 months imprisonment.
- Second conviction: Between $1,000 and $2,000 in fines; up to 9 months imprisonment.
- Third conviction: Between $2,000 and $5,000 in fines; imprisonment for up to 12 months.
- Fourth or subsequent conviction: A fine of at least $5,000; imprisonment for up to 5 years.
In addition to these penalties, individuals may also face probation, community service requirements, mandatory DUI programs, vehicle impoundment, and driver’s license suspension.
Collateral consequences may also arise, such as difficulties securing housing, maintaining professional licenses, or passing background checks.
What Defenses Can Be Raised if I’m Accused of Marijuana DUI?
Marijuana DUI charges often allow for multiple defense strategies due to the subjective nature of impairment assessments and the limitations of chemical testing. The proper defense depends on the facts of the case, but several common challenges may apply.
Potential defenses may include:
- Challenging the traffic stop: If the officer lacked reasonable suspicion, key evidence may be thrown out.
- Questioning field sobriety tests: These tests are subjective and can be influenced by factors such as fatigue, nerves, or underlying medical conditions.
- Pointing out limits of THC testing: Blood or urine tests detect past use, not current impairment.
- Disputing officer observations: Video footage may show something different from what the officer reported.
- Highlighting testing errors: Mistakes in lab work, contamination, or machine issues can weaken the evidence.
Because marijuana impairment cannot be measured in the same straightforward manner as alcohol intoxication, these cases often hinge on data interpretation and technical knowledge.
How a Criminal Defense Attorney Can Help if You’ve Been Accused of Marijuana DUI
Legal representation is critical when facing a marijuana DUI charge. An attorney can evaluate every detail of the case and develop a strategic plan tailored to the circumstances.
A defense attorney may assist by:
- Reviewing the stop and arrest for constitutional violations
- Examining how chemical tests were handled
- Checking whether field sobriety tests were given correctly
- Reviewing video evidence
- Talking with forensic experts
- Negotiating for reduced charges or dismissal
- Preparing the case for trial, if needed
This guidance helps protect your rights, ensure fair treatment, and work toward the most favorable outcome possible.
Schedule a Confidential Case Evaluation With a Marijuana DUI Defense Lawyer
If you’re facing a marijuana DUI in Polk County, Florida, the proper legal support can make all the difference. Grajek Criminal Defense Attorneys offers confidential consultations to help you understand your options and create a personalized plan tailored to your specific situation.
Contact us online or call to speak with a Polk County marijuana DUI lawyer and learn more about how we can assist you.