Archive for the ‘Marijuana DUI in Florida’ Category
Thursday, March 29th, 2012
We all know that driving requires many things working together. Your car needs to be in working order with at least a little gasoline to ignite its engine. You, as the driver, need to be focused, ready to adapt and cognizant of other drivers out there doing the exact same thing. The question is, does a motorist need to be sober in order function safely behind the wheel of a vehicle en route? The answer is: Yes, of course, but we understand that there are times when things do not go as planned.
Driving while intoxicating is probably not the best idea ever. In fact, it’s an awful idea. We know that alcohol can slow your cognitive ability to a staggering pace. You may be someone who can hold your liquor, as the popular saying goes, but for some of us—Well, let us just say that we have a hard time putting one foot in front of the other after a fun, alcoholic-beverage-filled night. Digression aside, you need to remember to drink responsibly.
What about the recreational drug, marijuana? Is it possible to drive while “high” on this popular drug? During a recent study, two controlled samples were each given an intoxicating agent and instructed to drive. One group was given significant amounts of alcohol, while the other was given a set amount of marijuana. The group that was given alcohol was found to have difficulty acclimating to various conditions while in their driving environment. The other controlled group, who consumed marijuana, was found to perform adequately while driving in their environment. In fact, compared to the drivers who consumed alcohol, the drivers who were given marijuana were able to complete the entire driving course with very little difficulty, within their controlled setting.
The outcomes of this experiment seem to indicate that marijuana usage prior to operating a vehicle may not be as dangerous as the popular belief designates. However, that does not mean that it is safe to go out and drive after you have consumed a “joint.” Marijuana is still an illegal substance, and it is still powerful enough to obstruct your cognitive abilities to a certain degree. If you have been arrested for driving under the influence of any intoxicating substance, you should contact an experienced Florida DUI attorney.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
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Friday, November 11th, 2011
Most people assume that driving after using marijuana affects one’s motor skills in operating a vehicle, much like alcohol. After all, a driver in Florida is subject to serious penalties for driving under the influence of marijuana just like one who is under the influence of alcohol. Alcohol impairs the perception, coordination, judgement, and reflexes enough that the driver of the car is considered to be unsafe. Because driving under the influence of either substance results in severe penalties, it is reasonable to assume that marijuana has a comparable affect on one’s driving ability.
However, some government studies have not resulted in unequivocal evidence that cannabis impairs one’s ability to operate a motor vehicle. The U.S. Department of Transportation has conducted two federal studies on the effects of marijuana on driving ability.
One study involved the use of a simulator. It tested the effects of alcohol and marijuana used together and used independently of one another. Impairment of driving skills resulted consistently with the consumption of alcohol but only occasionally with marijuana. When alcohol and marijuana were used in combination, there was little evidence produced to show marijuana had any more effect than alcohol alone. When alcohol was used, speeding and accidents increased consistently. This was not the result when just marijuana was used or when it was used in conjunction with alcohol. (“The Effects of Alcohol on Driver-Controlled Behavior in a Driving Simulator, Phase 1, “DOT-HS-806-414).
Another federal study done not to long ago found that “THC is not a profoundly impairing drug… It apparently affects controlled information processing in a variety of lab tests, but not to the extent which is beyond the individual’s ability to control when he is motivated and permitted to do so in driving”. (“Marijuana and Actual Performance,” DOT-HS-808-078).
The biggest challenge in comparing the effects of marijuana and alcohol on driving is that measuring for marijuana metabolites in blood or urine tests does not provide a measurement that can determine if someone is impaired. It simply determines that the substance is present in the person’s system. Marijuana can be detected days or weeks after it was used and long after any “impairment” effects have worn off.
The burden of proof for the police and prosecution in a Drug DUI case does not require that the prosecutor show any minimum amount of marijuana to establish impairment. There is no “per se” standard like .08 percent with alcohol. However, certain marijuana metabolites may up in your urine hours or even days after the effect of the drug has worn off meaning that it could not have impacted your driving. Our experienced Florida DUI attorneys can often file a “Motion in Limini” to exclude the urine tests and even have the charges dismissed because there is nothing to establish that a driver was actually under the influence of marijuana at the time of the arrest.
DUI cases involving drugs like marijuana are typically more difficult for a prosecutor to prove than DUI cases involving alcohol. The prosecutor will typically need to use expert witnesses to establish that amount of marijuana consumed would impair driving ability. This can be a challenge based on studies by the federal government showing that there may not be much of an impact. Further, the prosecutor may not even be able to use urine test results. Our Florida DUI attorneys have helped many people avoid the adverse consequences of a conviction for driving under the influence of marijuana. If you have been arrested for DUI associated with marijuana use, we will fight for you.
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Thursday, September 22nd, 2011
Driving requires many aspects of a human beings attention. The attention is split many different ways, such as: steering, controlling the pedals, concentrating on the road, and acclimating to changing conditions while driving. This is why it is so important for the driver of a car to be completely sober while they are behind the wheel, because otherwise they risk putting themselves and others on the road in harms way.
It is widely and accurately believed that driving while under the influence of alcohol is a bad idea. It is a bad idea for many reasons because alcohol slows a driver’s decision-making, reflexes, and sight while on the road. It is also bad to drink and drive because it is dangerous to one’s personal health and others who are traveling down the road as well. But one popular belief, but maybe not so accurate, is that driving while high on marijuana is bad.
A recent study has shown that when two control groups were separated and one was given large amounts of alcohol, and one some marijuana, then asked to drive, the results were shocking. It was found that the control group who drove while under the influence of alcohol had a very hard time acclimating to conditions in their environment, and therefore proved what researchers have believed all along: that it is not possible to safely operate a vehicle while under the influence of alcohol. However, researchers expected the same results from the control group that was given marijuana–but that was not the case.
Researchers discovered that the control group that consumed marijuana before they operated a vehicle did reasonably fine considering what they had in their systems. It appeared to the researchers that a person operating a car while high on marijuana is not near as dangers as a driver who is under the influence of alcohol; and this fact was shocking. Those drivers given marijuana were able to complete a driving course with little trouble compared to the control group that had consumed alcohol.
The results of this experiment seem to prove that driving while high from marijuana may not be as detrimental as what has been popularly believed. These results do not mean that it is acceptable to drive a vehicle after consuming marijuana because it still hinders a driver’s ability to think fast, and it is still illegal; but the fact still stands that marijuana is not as handicapping to a driver as alcohol is.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
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Thursday, June 30th, 2011
The number of states that permit medical marijuana use is on the rise and debate regarding legalization of marijuana is growing more intense. Currently, a third of the states in the U.S. permit medical marijuana use. With the increase in use of marijuana, many are focusing on the issue of “stoned driving.” A report by the National Highway Traffic Safety Administration (NHTSA) found that over 16 percent of all drivers had legal or illegal impairing drugs in their system – over half had marijuana in their system. Another study found that over a recent 10 year period the prevalence of fatal crashes involving drugs but not alcohol increased by 55 percent.
When compared to alcohol, there is much less certainty about the impact of marijuana and other legal and illegal drugs on driving ability. However, the risk associated with stoned driving is approximately three times lower than the fatality risk associated with drivers who operate a vehicle above or near the legal limit for alcohol intoxication. Drugged driving laws including driving under the influence of marijuana in Florida is substantially different than DUI involving alcohol impairment. Florida’s “per se law” presumes a driver is impaired if the driver’s blood alcohol concentration is above .08 percent.
A key reason for the per se law is that it makes the task of proving DUI much easier because there is no requirement to show that a person’s driving ability was actually impaired. When a motorist is arrested for DUI based on allegations of stoned driving, the prosecutor must produce evidence of actual impairment of driving ability. Prosecutors frequently rely on expert testimony to establish stoned driving.
There are a growing number of advocates of creating a “per se” law for driving under the influence of drugs but there are serious issues with any such attempt. More than a dozen states have effectively created such a law by enacting zero tolerance laws such that being under influence of any amount of a drug is sufficient to support a conviction for drug related DUI. The majority of states including Florida have no formal standard for the level of impairment that constitutes driving under the influence of drugs and rely on the judgment of police to determine impairment.
There are serious issues with any zero tolerance policy for DUI drugs or the development of any per se law for drug related DUI in Florida. There is evidence that marijuana may remain in one’s system for hours and days after using marijuana. Marijuana’s active component delta-9 THC breaks down into psychoactive and inert metabolites. Some evidence suggests that the impairing effects can remain even after there is no THC in the bloodstream. The theory is that it is absorbed into body tissues and slowly released for days after use.
The bottom line is that the science related to the way marijuana is metabolized by the body and impact on a person’s driving is relatively immature. Florida does not permit a driver to be convicted based on inert metabolites that may linger in the body despite the fact that a driver is not under the influence, but some states are enacting laws that punish drivers for nothing more than the presence of inert metabolites that have no impact on impaired driving.
Because the public policy behind DUI laws is to prevent DUI resulting in serious injury or DUI manslaughter, zero tolerance policies and those that base punishment on inert metabolites that may linger for hours and days have no connection to impaired driving. The push toward per se laws and no tolerance DUI drug policy may become more widespread with the increasing toward legalizing marijuana for medical use. Our experienced Florida DUI lawyers represent those accused of drug related DUI including illegal drugs like marijuana, prescription drugs and even legal over-the-counter drugs. If you have been arrested and charged with drug related DUI call our Florida drug related DUI attorneys to see how we can help.
Tags: Florida DUI attorneys, Florida DUI Lawyers, marijuana DUI in Florida
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Sunday, April 3rd, 2011
Most people assume that driving after using marijuana affects one’s motor skills in operating a vehicle, much like alcohol. After all, a driver in Florida is subject to serious penalties for driving under the influence of marijuana just like one who is under the influence of alcohol. Alcohol impairs the perception, coordination, judgement, and reflexes enough that the driver of the car is considered to be unsafe. Because driving under the influence of either substance results in severe penalties, it is reasonable to assume that marijuana has a comparable affect on one’s driving ability.
However, some government studies have not resulted in unequivocal evidence that cannabis impairs one’s ability to operate a motor vehicle. The U.S. Department of Transportation has conducted two federal studies on the effects of marijuana on driving ability.
One study involved the use of a simulator. It tested the effects of alcohol and marijuana used together and used independently of one another. Impairment of driving skills resulted consistently with the consumption of alcohol but only occasionally with marijuana. When alcohol and marijuana were used in combination, there was little evidence produced to show marijuana had any more effect than alcohol alone. When alcohol was used, speeding and accidents increased consistently. This was not the result when just marijuana was used or when it was used in conjunction with alcohol. (“The Effects of Alcohol on Driver-Controlled Behavior in a Driving Simulator, Phase 1, “DOT-HS-806-414).
Another federal study done not to long ago found that “THC is not a profoundly impairing drug… It apparently affects controlled information processing in a variety of lab tests, but not to the extent which is beyond the individual’s ability to control when he is motivated and permitted to do so in driving”. (“Marijuana and Actual Performance,” DOT-HS-808-078).
The biggest challenge in comparing the effects of marijuana and alcohol on driving is that measuring for marijuana metabolites in blood or urine tests does not provide a measurement that can determine if someone is impaired. It simply determines that the substance is present in the person’s system. Marijuana can be detected days or weeks after it was used and long after any “impairment” effects have worn off.
The burden of proof for the police and prosecution in a Drug DUI case does not require that the prosecutor show any minimum amount of marijuana to establish impairment. There is no “per se” standard like .08 percent with alcohol. However, certain marijuana metabolites may up in your urine hours or even days after the effect of the drug has worn off meaning that it could not have impacted your driving. An experienced Florida DUI attorney can often file a “Motion in Limini” to exclude the urine tests and even have the charges dismissed because there is nothing to establish that a driver was actually under the influence of marijuana at the time of the arrest.
DUI cases involving drugs like marijuana are typically more difficult for a prosecutor to prove than DUI cases involving alcohol. The prosecutor will typically need to use expert witnesses to establish that amount of marijuana consumed would impair driving ability. This can be a challenge based on studies by the federal government showing that there may not be much of an impact. Further, the prosecutor may not even be able to use urine test results. A Florida Marijuana DUI lawyer from our law firm has helped many people avoid the adverse consequences of a conviction for driving under the influence of marijuana. If you have been arrested for DUI associated with marijuana use, we will fight for you.
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For a Free Consultation With a Florida DUI Lawyer In Your Area, Call 1 (800) 687-2252
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).
Tags: Florida DUI due to Marijuana use, Florida DUI Lawyer, Florida Marijuana DUI lawyer
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