How Difficult is it to Prove That Someone Was ‘Baked’ When Driving?
- By: Miami criminal lawyer Albert Quirantes
- Aug 28, 2018
- 3 min read
The Florida Department of Highway Safety and Motor Vehicles put out a new ad earlier this year to try and stem the number of crashes that take place when drivers are stoned. ‘Drive Baked, Get Busted’ it says, but how easy really is it for police to spot a ‘baked’ driver and how easy really is it for prosecutors to actually get a conviction for DUI?
In fact, there are a number of difficulties in prosecuting someone for driving while under the influence of marijuana, some of which are similar to any DUI (alcohol) cases and some which are unique to marijuana itself and its status in Florida.
If you have been arrested for DUI and it is alleged that you were under the influence of marijuana at the time you were arrested, there is a good chance that you can be defended. Contact Miami criminal defense attorney, Albert Quirantes, before answering any questions. It is your right to talk to a lawyer before answering questions.
Sobriety tests - You are not required to agree to them
If a police officer stops you and thinks that you are intoxicated, you may be asked to carry out sobriety tests if it was thought that you had been drinking. It is not compulsory for you to carry out any field sobriety tests as they are considered by many lawyers to be too subjective to be measured accurately. If you do agree to any of these tests, your response can be used as evidence against you.
It is likely that you could be taken to a police station and either asked to take a breath test or a urine test. Unless you had been drinking alcohol, it is highly unlikely that you will test positive for alcohol, although some medicines can simulate alcohol and there are also health conditions that simulate alcohol, too. The urine test takes about a month or more before results are returned. At present, Florida does not have any way that the concentration of marijuana in the urine can be measured with any precision. The standard urine test can only indicate whether there was any tetrahydrocannabinol (THC), the active ingredient in marijuana, at all in the urine and it also cannot determine how long it might have been there.
Florida’s medical marijuana legislation makes it more difficult to prove DUI
This does make it quite difficult for prosecutors to prove that you had taken marijuana before driving and that the amount of marijuana taken meant you were DUI. The other problem is that Florida has already legalized the use of medical marijuana, meaning that there are quite a number of people in the community who might take the drug to relieve pain quite legitimately.
At present, the most likely ways that prosecutors can prove that you were DUI are if you actually state that you had been taking marijuana before or during driving or if recent evidence of the drug being used is found in your vehicle when you were first stopped.
If you have been arrested for driving after taking marijuana, you will need effective legal representation. It is your right to be defended in court. You cannot be convicted unless the prosecution has sufficient evidence that can prove ‘beyond reasonable doubt’ that you committed the offense. You should contact Miami criminal defense attorney, Albert Quirantes, at 305-644-1800.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
Increase your knowledge! If you want to know more about how to resolve the problems you face when charged with a criminal offense in Florida, then you can follow Miami Criminal Attorney Albert M. Quirantes on Facebook, Twitter, or Google+.
If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.
