Driving Under the Influence of Marijuana in Florida

Driving under the influence of marijuana is a crime in Florida. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers and passengers.

To learn more about Florida marijuana laws in general, including possession and sale crimes, see Florida Marijuana Laws.

Driving Under the Influence of Marijuana

It is illegal to drive a vehicle while under the influence of marijuana, other drugs, alcohol, or a combination of substances. “Under the influence” means that the driver was in actual physical control of the vehicle while affected by the drug (or combination of drugs and alcohol) to the extent that the driver’s normal faculties are impaired. (Fl. Stat. Ann. § 316.193(1)(a).)

Penalties for Driving Under the Influence

 Penalties for violating this law vary according to whether it’s a first or subsequent conviction. (Fl. Stat. Ann. § 316.193.)

• First convictions. Defendants will face up to six months in jail, a fine of between $500 and $1,000, or both. (Fl. Stat. Ann. § 316.193(2)(a)(1)(a)& (2)(a)(2)(a).)
• Second convictions. The consequences are up to nine months in jail, a fine of between $1,000 and $2,000, or both; and mandatory placement of an ignition interlock device in the offender’s vehicle for at least one year. (Fl. Stat. Ann. § 316.193(2)(a)(1)(b), (2)(a)(2)(b) & (3).)
• Third convictions within ten years. Defendants with one or more previous conviction within the past ten years are guilty of a third degree felony. Penalties include up to five years in prison, and mandatory placement of an ignition interlock device in the offender’s vehicle for at least two years. (Fl. Stat. Ann. § 316.193(2)(b)(2).)
• Third convictions after ten years. Violators with one or more previous conviction that occurred more than ten years before the current violation will face up to one year in jail, a fine between $2,000 and $5,000, and mandatory placement of an ignition interlock device in the offender’s vehicle for at least two years. (Fl. Stat. Ann. § 316.193(2)(b)(3).)
• Fourth and subsequent convictions. Fourth and subsequent convictions—regardless of when prior convictions occurred—are third degree felonies, punishable with up to five years in prison, and a fine of at least $2,000. (Fl. Stat. Ann. § 316.193(2)(b)(3).)
• DUI causing Death, Serious injury, or property damage. In addition to harsher fines and prison time imposed on DUI offenders who cause death, injury, or property damage; the judge will impose monthly probation reporting requirements, completion of a substance abuse course (including a psychosocial evaluation of the offender), and community service requirements. (Fl. Stat. Ann. § 316.193(3),(5),&(6)(a).) The judge may also order the offender’s vehicle impounded or immobilized. (Fl. Stat. Ann. § 316.193(6)(d).)

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.