Florida takes DUI charges seriously, and that includes cases in Lee County communities like Fort Myers and Cape Coral. But defending a DUI marijuana charge is very different from defending an alcohol-related DUI. The science is different, the evidence is less reliable, and prosecutors often struggle to prove actual impairment. Knowing these differences—and how to challenge the state’s case—can be the key to protecting your rights and your future.
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Alcohol vs. Marijuana DUIs: What’s the Difference?
When it comes to alcohol, Florida law is crystal clear. The state has set a per se blood alcohol limit of 0.08%. That means if you blow above that number on a breathalyzer, prosecutors already have strong, objective evidence to claim you were impaired.
Marijuana, on the other hand, is an entirely different story. Unlike alcohol, there is no universal scientific agreement on how much THC in someone’s system equals actual impairment behind the wheel. That creates major gaps in how these cases are investigated and prosecuted—making it vital that you secure the services of an experienced Lee County DUI defense attorney as soon as possible.
No Set Limit
Florida has no legal THC threshold that automatically proves impairment. Even if a blood or urine test comes back positive, the results don’t carry the same weight as a BAC reading over 0.08%. Prosecutors must instead rely on other evidence to argue that marijuana actually affected your ability to drive. This is a much more difficult burden to meet.
Long-Lasting Traces
While alcohol leaves the bloodstream relatively quickly, THC and its metabolites can linger for days or even weeks after use. This means you could test positive long after the effects have worn off. Someone who smoked days earlier could appear “under the influence” on paper, even if they were completely sober at the time of the stop.
Subjective Testing
Without a clear chemical standard, police often fall back on field sobriety tests and drug recognition evaluations. These tests were never designed to measure marijuana impairment. Fatigue, medical conditions, or even simple nervousness during a traffic stop can cause someone to perform poorly. Drug Recognition Experts (DREs), who claim to spot signs of drug use, rely heavily on subjective observations—and their conclusions are not always backed by science.
Common Defenses in Lee County Marijuana DUI Cases
Without a clear THC standard, Lee County courts may struggle to prove impairment beyond a reasonable doubt. That’s why it’s critical to have an experienced defense attorney who knows how to challenge these weak points. At The Law Offices of Robert David Malove, we carefully analyze every detail of your arrest to look for weaknesses in the state’s case and pick the most appropriate defense strategy.
Challenging the Stop
Police must have a legitimate reason, such as a traffic violation or evidence of unsafe driving. If the stop was based on a hunch or weak justification, your rights may have been violated. In those cases, any evidence gathered after the stop—including sobriety tests or lab results—may be thrown out. Without that evidence, the prosecution’s case often falls apart.
Questioning Field Sobriety Tests
Field sobriety tests (FSTs) like walking heel-to-toe or standing on one leg were originally developed to detect alcohol impairment, not marijuana use. Unfortunately, officers sometimes interpret simple mistakes as proof of intoxication. Balance issues, nervousness, fatigue, or even uneven ground can cause you to stumble or wobble. By pointing out these flaws, your attorney can show that the results of FSTs are unreliable in marijuana DUI cases.
Attacking Drug Recognition Testimony
Some officers are trained as Drug Recognition Experts (DREs), and prosecutors often rely on their testimony in marijuana DUI cases. However, their conclusions are largely subjective and based on personal observations. Cross-examining a DRE and highlighting the lack of scientific reliability in their methods can seriously weaken the state’s argument.
Disputing Lab Results
A positive THC test is not the same as proof of impairment. Unlike alcohol, there is no clear scientific standard connecting THC levels with driving ability. To make matters worse, THC metabolites can remain in the bloodstream for days or even weeks after use. Lab mistakes—including contamination, mislabeling, or poor handling—also occur. By challenging both the science and the process, your attorney can cast doubt on the prosecution’s evidence.
Medical Marijuana Card Defense
If you have a valid Florida medical marijuana card, it explains why THC might be present in your system. While holding a card does not give you the right to drive while impaired, it does provide a lawful reason for possession and a positive test result. This can help counter the prosecution’s claim that the mere presence of THC equals impairment.
