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The crime of driving under the influence (DUI) is frequently associated with alcoholic beverages because police officers have multiple ways to test a suspect’s blood alcohol concentration (BAC). However, motorists in Florida may also face DUI charges if they are suspected of operating motor vehicles while under the influence of marijuana or other drugs.

Several companies across the country are even developing mobile testing devices to measure THC in a person's breath. Thankfully, Florida does not yet have a "per se" version of driving under the influence of marijuana, although the Florida legislature has considered it in the past. Nevertheless, officers in the field can allege that a driver appears to be impaired by recently consumed marijuana. Additionally, THC will sometimes show up in a blood or urine test. 

The possible penalties for a conviction for this criminal offense are just as serious as a DUI involving alcohol, but cases involving alleged offenders charged with driving while high are much more complex. In many cases, drivers can be placed under arrest despite the fact that previous marijuana use from days or weeks before they drove in no way impaired their abilities to operate automobiles.

In the past few years, we've seen many DUI defendants whose cases were damaged because their lawyers did not know the biochemistry of marijuana.  Knowing how the body metabolizes THC is essential to defending cases of "stoned" driving. Sadly, many lawyers--even those regularly handling DUI cases, have simply not learned the biochemical facts of life about marijuana and driving.

Did you know that many forensic labs don't test for Delta 9-THC, the active ingredient in marijuana? It's true. Lab reports often show the presence of "Carboxy-delta 9-THC."

But Carboxy-THC is NOT THE SAME THING as Delta 9-THC.

It's all from basic chemistry.


If you have a DUI case that involves marijuana, then you need to seek a South Florida lawyer who knows the chemistry and has the skills and experience to fight your marijuana/drug DUI charge. 

Alan S. Bernstein P.A. - with offices in Broward and Palm Beach - handling cases in the counties of Broward, Dade, Palm Beach, Hendry and Glades, understands the science of breath, blood and urine testing, as well as all facets of DUI Defense. Call right now for a free, no obligation consultation.  You only have 10 days to fight the suspension of your driver’s license.  Call right now! Call Alan S. Bernstein P.A. at 954-925-3111 or 954-347-1000 during the evenings and weekends.  

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