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Could You Soon Be Subject to a Marijuana Breathalyzer?

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Did you know that after the recreational use of marijuana was legalized in Washington, D.C., fatal crashes involving those who recently utilized marijuana actually doubled in the district? As more states are voting on either easing restrictions on or legalizing the recreational use of marijuana, safety advocates are scrambling to develop a system by which to measure and enforce legal cannabis limits when operating a motor vehicle.

Florida DUI Law and Limits 

Although the term “DUI” traditionally refers to those who have been caught driving drunk, defined as when your blood alcohol level is above Florida’s legal limit of 0.08, “DUI” actually stands for “driving under the influence” and covers the following:

  • Alcoholic Beverages;
  • Chemical Substances; and/or
  • Controlled Substances, such as marijuana.

Accordingly, under Florida law you can be charged with a DUI if you are driving under the influence of any substance that would endanger yourself or others on the road. Examples include anything from prescription drugs to illegal substances such as cocaine and pot.

Potential for Pot Breathalyzer

Because certain tests can detect marijuana in your system weeks after use, scientists are finding it difficult to develop a test that will actually show whether a driver is impaired by the recent use of marijuana. Suggestions include simply having law enforcement officials analyze an individual’s behavior and psychological state once pulled over or utilizing a test that shows recent use but does not indicate a limit. Accordingly, if you are charged with a DUI for a marijuana-related offense, the legal basis for your charge will not be as simple as exceeding a numeral limit on a breathalyzer test. It is essential that you contact an experienced Florida criminal defense attorney to discuss your options for defeating experimental testing.

Don’t Delay in Calling a Florida DUI Attorney Today

The availability and use of marijuana breathalyzers is a new and expanding area of law that few courts have addressed. If you have been charged with a DUI unrelated to alcohol use, the standards for conviction are less clear, and an experienced criminal defense attorney may help you defeat the charges. The Khonsari Law Group has the lawyers you need to defeat your DUI charge. If you are located in the greater St. Petersburg area, contact us today for a free, no-risk consultation at (727) 269-5300.



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