Understanding DUI Charges and Medical Marijuana Prescriptions: What You Need to Know

Types of DUI Tests

• Breath Tests (Breathalyzer): Breath tests measure drug use. Be aware that medical marijuana use can trigger positive results, even if it doesn’t necessarily indicate impairment at that moment.
• Blood Tests: Blood tests are more accurate for detecting drug use or alcohol levels.
• Urine Tests: Urine is the most common form of testing in drug or marijuana DUI cases. It is inherently unreliable because urine testing only provides historical information of consumption – not current levels of impairment.
• Field Sobriety Tests (FSTs): Roadside tests such as walking a line, standing on one leg, touching your finger to your nose, or reciting the alphabet. Such tests are used prior to chemical tests to evaluate a person’s sobriety before an arrest decision is made.

Medical Conditions That Can Affect DUI Test Results

Certain medical conditions can impact the accuracy of DUI test results, both for alcohol and marijuana impairment:

• Chronic Pain: Medical marijuana may be prescribed to individuals with chronic pain conditions. This condition can affect performance on FSTs.
• Epilepsy: Some medical marijuana patients have epilepsy. Treatment medication used may affect balance and coordination, potentially leading to failed FSTs.
• Anxiety Disorders: Patients with anxiety disorders may exhibit nervousness during traffic stops, which can potentially be misinterpreted as impairment.

Legal Implications and Defense Strategies

You should know that having a valid medical marijuana prescription is not a defense to a Marijuana DUI. While a medical marijuana card provides a lawful explanation for your possession or use of marijuana, one can still be prosecuted for a marijuana DUI if the use of medical marijuana causes impairment. 

If you’re facing DUI charges while using medical marijuana as prescribed, you should seek legal counsel immediately. Here are some defense strategies your attorney with Russo, Pelletier & Sullivan may use:

• Proper Documentation: Maintain records of your medical marijuana prescription and any related medical conditions to provide your Clearwater DUI lawyer with Russo, Pelletier & Sullivan. Your records can be crucial in demonstrating the legitimacy of your marijuana use.
• Expert Witnesses: Expert witnesses may be able to testify about how your medical condition or prescription may have influenced your performance on DUI tests.
• Challenging Test Results: DUI test results may not always be accurate. We may challenge the reliability of the tests used and whether they were administered correctly.
• Reasonable Suspicion: We may examine whether the officer had a reasonable suspicion to stop you in the first place and whether your medical condition was adequately considered.

If you have a medical marijuana prescription and worry about being pulled over for a DUI in Clearwater, understanding your rights and legal options is crucial. The top DUI attorneys in Clearwater with Russo, Pelletier & Sullivan are here to protect and defend your rights.

If you or a loved one are facing a DUI charge, request a free consultation today or give us a call at (727) 291-9717 to speak with one of our expert DUI lawyers in Clearwater.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.