Marijuana and Drug DUI in Florida: Charges, Testing and Defense

By Daniel D. Nawara, Sarasota criminal and DUI defense attorney. Last updated October 5, 2026.

You can be charged with DUI in Florida without drinking anything. The DUI statute covers alcohol, controlled substances and certain chemical substances alike. But a drug DUI is a different kind of case from an alcohol DUI. There is no breath number, no legal limit for marijuana, and the State has to prove actual impairment.

This page explains how marijuana and drug DUI cases are built in Florida and where they are weak.

What the State has to prove

Under section 316.193, Florida Statutes, a person is guilty of DUI if they drive or are in actual physical control of a vehicle while under the influence of alcohol, a chemical substance listed in section 877.111, or a substance controlled under chapter 893, when affected to the extent that their normal faculties are impaired.

For alcohol the State has a shortcut: a breath or blood alcohol level of 0.08 or higher. For marijuana and other drugs there is no shortcut. Florida has no set THC limit and no number for any drug that equals impairment. The State has to prove that your normal faculties, such as walking, talking, judging distances and driving, were actually impaired, and that a drug caused it.

How a drug DUI investigation works

The stop. The officer needs a lawful reason to stop the car, such as a traffic violation or a crash.
Observations. The smell of marijuana, red or watery eyes, slow speech, and what you say about when you last used.
Field sobriety exercises. These were designed and studied for alcohol. See field sobriety tests in Florida.
A breath test that shows little or no alcohol. A low breath result is often what turns the case toward drugs.
A urine test request. Florida's implied consent law lets an officer request a urine test after a lawful DUI arrest when there is reasonable cause to believe you were under the influence of a chemical or controlled substance.
A drug recognition evaluation. Some agencies call in a specially trained officer to run a multi-step evaluation and give an opinion about which category of drug is involved.
Blood, in some crash and hospital cases. See DUI blood tests.

The problem with urine tests

A urine test shows that a drug or its byproducts are in your body. It does not show when you used it, how much is active, or whether you were impaired while driving. Marijuana is the clearest example. The byproducts of THC can stay in urine for days or weeks after any effect is gone. A positive urine test for marijuana is consistent with someone who used last weekend and was completely sober behind the wheel.

This is why drug DUI cases depend so heavily on the officer's observations and the video, and why those are examined closely.

Medical marijuana and prescriptions are not a defense

A Florida medical marijuana card makes it legal to possess and use marijuana as allowed. It does not make it legal to drive while impaired by it. The same is true of prescription medication taken exactly as directed. On the other hand, lawful use also means that a positive test proves very little by itself. See prescription drug DUI defense.

Can you refuse a urine test?

Refusing a lawful urine test carries the same license consequences as refusing a breath test: a 1-year suspension for a first refusal and 18 months if you have refused before, and the refusal can be used as evidence. See refusing a test in Florida and the 10-day rule for challenging the suspension.

Penalties

A drug DUI carries the same penalties as an alcohol DUI: fines, possible jail, probation, DUI school, community service, a license revocation and vehicle impoundment, rising with each prior conviction. See Florida DUI penalties.

How drug DUI cases are defended

The stop and the arrest. If the stop was unlawful or the officer lacked probable cause to arrest, the evidence that followed can be suppressed.
No proof of impairment. Presence of a drug is not impairment. Without a number, the State is left with opinion.
Other explanations. Fatigue, illness, injury from a crash, anxiety, allergies and medical conditions can look like impairment.
The video. Body camera and dash camera video often shows a person who is steady and coherent.
The evaluation. A drug recognition opinion is only as good as the training, the steps followed and the conditions it was done in.
The test. Whether the urine or blood request was lawful, how the sample was collected and stored, and what the lab actually reported.
Statements. What you told the officer about using, and whether it was obtained lawfully.

Frequently asked questions

Is there a legal limit for marijuana in Florida?

No. Florida has no THC limit. The State has to prove your normal faculties were impaired.

Can I get a DUI if I used marijuana days ago?

You can be arrested and charged if an officer believes you are impaired and a test comes back positive. Whether the State can prove impairment at the time of driving is a different question, and a days-old positive is weak evidence.

I have a medical marijuana card. Can I still be charged?

Yes. The card does not allow driving while impaired. It does help explain a positive test.

Can I get a DUI for taking my prescription as directed?

Yes, if the State can prove the medication impaired your normal faculties while driving.

Is the smell of marijuana enough for a DUI?

Odor is evidence an officer will rely on, but odor alone does not prove impairment.

Is a drug DUI treated differently at sentencing?

No. The penalties are the same as for an alcohol DUI.

Talk with a lawyer about a drug DUI charge

Nawara Law defends DUI cases in Sarasota, Manatee and the surrounding counties, including marijuana and prescription cases. Call or text (941) 920-5514, nights and weekends too, or request a free consultation with former prosecutor Daniel D. Nawara.

General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.