Marijuana & Prescription Medication DUIs

At The Mayberry Law Firm, our Tampa DUI lawyers defend marijuana DUI and prescription medication DUI cases throughout Florida, including the Tampa Bay region and the I-4 corridor. If you’re searching for a Florida DUI attorney for drugged driving defense, you need counsel that understands toxicology, DRE protocol, and DHSMV deadlines—and moves fast to protect your license and your record.

Why A “Positive” Test Isn’t the Same as Impairment

In drug-based DUI cases, prosecutors often wave lab results and call it proof. It isn’t. Florida law requires evidence that you were actually impaired while driving—not merely that THC metabolites or prescription levels were present. THC lingers for days or weeks. Therapeutic doses of benzodiazepines, antidepressants, pain medications, or ADHD meds can register far above “reference ranges” without degrading your driving at all, especially when you’ve built tolerance. The legal question is functional impairment behind the wheel, and that’s where we focus the fight.

How Officers Build Drug DUI Cases—And Where They Go Wrong

Most drug DUIs start with subjective observations: “bloodshot eyes,” “slurred speech,” “unsteady.” Those notes are recycled in thousands of reports. We ground the case in objective reality. Was the stop justified? Did the officer prolong the detention to “fish” for a drug investigation without reasonable suspicion? Were field sobriety tests given on hot, sloped asphalt, a gravel shoulder, or after you’d been standing for 25 minutes in sandals? Video from body cams and dash cams often tells a different story than the checkbox forms.

The DRE Playbook: Exposing Gaps In “Expert” Opinions

Drug Recognition Experts (DREs) use a 12-step protocol to categorize impairment. In the field, those steps are routinely skipped or rushed. Pulse and blood pressure readings get taken incorrectly. Pupil-size checks are done in poor lighting. Medical explanations for “clues”—anxiety, diabetes, head injuries, fatigue—are ignored. We cross-examine on every deviation: Did the officer calibrate the pupilometer? Document the lighting? Rule out vestibular disorders before attributing sway to drugs? A DRE opinion collapses when the foundation is thin.

Blood And Urine Testing: From Chain of Custody to Chemistry

Urine proves historical use, not impairment. A positive THC-COOH metabolite means someone used cannabis at some point, not that they were high while driving. We challenge urine’s limited value, chain of custody, dilution, and storage temperatures. Blood results can be informative, but they’re not infallible. Hospital serum differs from forensic whole blood; conversions are rife with error. IV fluids and trauma skew concentrations. We scrutinize warrant language, who drew the sample, tube preservatives, storage conditions, lab accreditation, and method validation. If the science doesn’t track, the state’s theory doesn’t either.

Medical Marijuana and Prescriptions: Lawful Use Versus Legal Risk

Having a medical marijuana card or a valid prescription does not convict you; the issue is whether your driving was impaired. We bring in pharmacology and toxicology experts to explain dose timing, therapeutic windows, tolerance, and benign side effects that officers misread as impairment. Many “impairment” clues—nystagmus, dilated pupils, tremors—have non-drug explanations. Lighting, dehydration, sleep loss, or neurologic conditions can mimic intoxication. We make sure a jury hears the full, medical context the report left out.

Administrative Fallout: Protecting Your License Within The 10-Day Window

A criminal case isn’t the only battle. You typically have ten days to challenge the administrative suspension with DHSMV. We request a formal review hearing, subpoena the arresting officer, and probe inconsistencies under oath. Even if the criminal case resolves favorably later, missing that window can restrict your ability to drive now. Where appropriate, we pursue hardship privileges and craft compliance plans that keep you working while the case is pending.

Defense Blueprints That Move the Needle

Every case is different, but successful drug-DUI defenses often include:

• A motion to suppress a stop or detention that exceeded lawful scope.
• A challenge to DRE qualifications, protocol compliance, and bias.
• Independent re-testing with a defense toxicologist and alternative-impairment analysis.
• Medical records and expert input tying so-called “clues” to benign conditions.
• Body-cam time stamps highlighting instruction errors and environmental obstacles.
• Attack on lab methods: validation, calibration, contamination controls, and reporting uncertainty.

Local Realities: How Tampa Bay Drug DUI Cases Actually Work

Across Tampa Bay, agencies lean heavily on DREs and urine tests for “DUI drugs.” We know the equipment, the labs, and the common discovery gaps—missing calibration logs, incomplete chain-of-custody forms, or cut-and-paste report language. That local knowledge helps us file tighter motions, cross-examine smarter, and negotiate outcomes that reflect science rather than suspicion.

Call The Mayberry Law Firm

A trace level in a lab report isn’t the end of your case—it’s the start of ours. Call (813) 444-7435. We’ll move immediately to protect your license, lock down video and medical records, and dismantle attempts to equate “presence” with “impairment.” The state’s science only wins if it goes unchallenged.