Can Marijuana Smell Alone Can Lead To A DUI?

Can marijuana smell alone lead to a DUI?  In our opinion, yes it can, and here is why:

We have written extensively on the 2019 changes in the law that made Cannabidiol (CBD) legal in Florida and resulting confusion as to whether or not law enforcement could utilize the smell of marijuana alone as a legal basis to conduct a search or conduct a criminal investigation. See Marijuana Enforcement in Florida - A Haze of Confusion and Marijuana Smell Alone Is Back! Marijuana Enforcement In Florida - A Haze Of Confusion - Part 2

The Second District Court of Appeals (which is the controlling Appeals Court for the Tampa Bay region) has ruled that, “an officer smelling the odor of marijuana has probable cause to believe that the odor indicates the illegal use of marijuana” and thus law enforcement has probable cause for a warrantless search - including probable cause for a warrantless search of a vehicle.

While the “smell alone” ruling poses significant issues for citizens, there are even more consequences to the “smell alone” doctrine when it comes to Driving Under the Influence (DUI).

When a law enforcement officer makes a civil traffic stop they are always looking for any indications that the driver is impaired. The standard for an officer to switch the investigation from a civil traffic stop to a criminal investigation for DUI is “reasonable suspicion.” Reasonable suspicion is defined as the standard where a reasonable and objective person would suspect an individual of committing or intending to commit a crime. Once a law enforcement officer has reasonable suspicion that the driver may have his or her normal faculties impaired while operating a motor vehicle they can launch into a full criminal DUI investigation including Field Sobriety Tests.

Officers often will cite that the driver had bloodshot, watery eyes; an odor of alcohol on his or her breath; was slurring their speech, or was unsteady on their feet as a reasonable suspicion basis to conduct a criminal DUI investigation. With the “smell alone” doctrine alive and well in the Tampa Bay Area via the Second District Court of Appeals ruling, we can now add the odor of marijuana as yet another basis for law enforcement to conduct a criminal DUI investigation.

Additionally, the plain smell of marijuana further opens the door to allow law enforcement to conduct a warrantless search of the vehicle which may lead to additional criminal charges if the driver were for example to be in possession of marijuana or any other controlled substance or have any other illegal item in the vehicle.

Thus, the smell alone of marijuana, with other factors, could lead to a criminal DUI investigation when a person is pulled over and could be used as a basis to establish that the person was operating the vehicle with their normal faculties impaired.

If you have been arrested for Driving Under the Influence (DUI), Possession of Marijuana, or any other criminal offense in the Tampa Bay area including St. Petersburg, Tampa, Clearwater, or Largo call the Morris Law Firm for a strategy session on your case.  Call 727-388-4736, Option #1 for New Clients.

Pinellas County Sheriff and Tampa Bay Law Enforcement Cracking Down On Spring Break and Saint Patrick's Day 2024

Law enforcement is cracking down on Spring Break like never before. Miami Beach is “Breaking Up With Spring Break” (see Miami Beach Is Breaking Up With Spring Break) with curfews, restricted beach access, bag checks, DUI checkpoints and strong police enforcement for drug possession and violent crimes (Battery).

Other Spring Break hotspots like Pinellas County and the entire Tampa Bay area have followed Miami Beach’s lead and have also begun to discourage Spring Breakers through heightened law enforcement.

At the beginning of Spring Break 2024 the Pinellas County Sheriff’s Office conducted enhanced DUI enforcement through the use of a “DUI Wolf Pack.” “Wolf Pack” is the name the Pinellas County Sheriff’s office has given these DUI operations that include heightened traffic enforcement and additional DUI Units on the road.  The Pinellas County Sheriff’s Office works together with other Tampa Bay law enforcement agencies including the Florida Highway Patrol, Largo Police Department, Pinellas Park Police Department, St. Petersburg Police Department, and the Clearwater Police Department to conduct the DUI enforcement operations.

The Spring Break 2024 DUI Wolf Pack operations that ran from March 8, 2024 to March 9, 2024 resulted in nearly 50 criminal charges including 34 DUI’s, 6 Drug Charges, and 2 Driving With License Suspended or Revoked (DWLSR) arrests along with over 200 traffic citations.

And that’s not all.  The Pinellas County Sheriff’s Office will also be enhancing patrols during St. Patrick’s Day on March 17, 2024 to identify drivers under the influence of alcohol and/or any chemical or controlled substances.

Enforcement during Spring Break 2024 and St. Paddy's Day 2024 in Tampa Bay includes both DUI (Driving Under The Influence) and BUI (Boating Under The Influence) patrols as well as law enforcement looking for any other violations of the law.

If you were stopped and arrested during Spring Break 2024 or St. Paddy's Day 2024 you should consult with an attorney who can assess the facts and circumstances of your arrest and formulate a plan for your best defense.  We will review the facts and circumstances including the stop, field sobriety tests, breath test and other associated evidence in an effort to resolve your case successfully.  We have significant experience defending DUI and BUI cases including experience as a former State Attorney in Pinellas County and experience on the Pinellas County State Attorney’s DUI Manslaughter and Vehicular Homicide Squad.  Contact the Morris Law Firm at (727) 388-4736 for a strategic review of your DUI or BUI case. The Morris Law Firm  represents clients throughout the Tampa Bay Area, including Pinellas and Hillsborough counties.

Morris Law Firm Attorneys rated one of the Top 3 Criminal Defense Lawyers in St. Petersburg!

Morris Law Firm Attorneys rated one of the Top 3 Criminal Defense Lawyers in St. Petersburg!

St. Petersburg, Tampa Bay, Florida

The Morris Law Firm’s attorneys Melinda Morris & Seth Shapiro have been rated one of the Top 3 Criminal Defense Lawyers in St. Petersburg by ThreeBestRated.com for 2024.

The Three Best Rated review team selected the Morris Law Firm for the accolade using a 50-Point Inspection that includes everything from checking reputation, history, complaints, ratings, satisfaction, and general excellence.

https://threebestrated.com/criminal-defense-lawyers-in-st-petersburg-fl

Three Best Rated® was created with the simple goal of helping consumers find the top 3 local businesses, professionals, restaurants and health care providers in a city.  Three Best Rated® displays only businesses that are verified by their employees as they believe that consumers engaging businesses they find on the internet deserve only the best.

Three Best Rated® notes that businesses do not pay them to list them ever. They believe that local businesses provide better and personal services locally. Their policy is free to list because if a business can pay to list, then is it really the best business?

Watch Out!! - Pinellas County Sheriff’s Office Holiday 2023-2024 DUI Saturation Patrol

Beginning on December 13th, 2023, and continuing until January 1st, 2024 the Pinellas County Sheriff’s Office will be conducting enhanced DUI enforcement by conducting high-visibility Saturation Patrols. The Pinellas County Sheriff’s Office is able to budget for additional law enforcement through a grant from the Florida Department of Transportation (FDOT) for DUI Enforcement. The Pinellas County Sheriff’s Office is also participating in the NHSTA Drive Sober or Get Pulled Over Campaign. Citizens will likely see more law enforcement on the roads as part of Drive Sober or Get Pulled Over. 

Saturation Patrols aggressively target what they believe to be indicators of impairment when making traffic stops. See the announcement here: 23-156 Pinellas County Sheriff’s Office Awarded FDOT Contract for DUI Enforcement.

DUI Saturation Patrols are typically put into place during holiday weekends such as Memorial Day, 4th of July, Labor Day, Christmas, and New Year’s Eve or any other time that law enforcement wants to step up DUI arrests.

The operation this holiday season will be conducted throughout Pinellas County and will include heightened traffic enforcement and additional DUI Units on the road. The stated goal of the DUI operation is to reduce DUI related injuries and deaths. The Pinellas County Sheriff’s Office will be aggressively looking for drivers who are under the influence of alcohol, marijuana, or any other controlled substance. The operation will include the Pinellas County Sheriff’s Office DUI Unit, Traffic Enforcement, and G4S Prisoner Transportation.

If you were stopped and arrested during a Pinellas County DUI Saturation Patrol operation you should consult with an attorney who can assess the facts and circumstances of your arrest and formulate a plan for your best defense. We will review the stop, field sobriety tests, breath test and other associated evidence in an effort to resolve your case successfully. We have significant experience defending DUI cases including experience as a former State Attorney in Pinellas County and experience on the Pinellas County State Attorney’s DUI Manslaughter and Vehicular Homicide Squad. Contact the Morris Law Firm at (727) 388-4736 for a strategic review of your DUI case. The Morris Law Firm  represents clients throughout the Tampa Bay Area, including Pinellas, Hillsborough, Sarasota, Pasco, and Manatee counties.

Weekend DUI Wolf Pack Operation Set for September 29-30, 2023

Beginning at 7pm, Friday, September 29th, 2023, and continuing until 5am, Saturday, September 30th, 2023 the Pinellas County Sheriff’s Office will be conducting enhanced DUI enforcement through the use of a “DUI Wolf Pack.”  “Wolf Pack” is the name the Pinellas County Sheriff’s office has given these DUI operations that are run in cooperation with other local law enforcement agencies.

Wolf Pack officers travel in packs and aggressively target what they believe to be indicators of impairment when making traffic stops. See the announcement here: 23-124 Deputies and Local Police Agencies to Conduct County-Wide DUI Wolf Pack this Weekend

The Wolf Pack will include the following law enforcement agencies in addition to the Pinellas County Sheriff’s Office:

The DUI Wolf Pack operations are typically put into place during holiday weekends such as Memorial Day, 4th of July, Labor Day, and New Year’s Eve or any other time that law enforcement wants to step up DUI arrests.

The operation this weekend will be conducted throughout Pinellas County and will include heightened traffic enforcement and additional DUI Units on the road. The stated goal of the DUI Wolf Pack is to reduce DUI related injuries and deaths. The DUI Wolf Pack will be aggressively looking for drivers who are under the influence of alcohol, marijuana, or any other controlled substance. The DUI Wolf Pack will include the Pinellas County Sheriff’s Office DUI Unit, Traffic Enforcement, and G4S Prisoner Transportation.

If you were stopped and arrested during a Pinellas County DUI Wolf Pack operation you should consult with an attorney who can assess the facts and circumstances of your arrest and formulate a plan for your best defense. We will review the stop, field sobriety tests, breath test and other associated evidence in an effort to resolve your case successfully. We have significant experience defending DUI cases including experience as a former State Attorney in Pinellas County and experience on the Pinellas County State Attorney’s DUI Manslaughter and Vehicular Homicide Squad. 

Contact the Morris Law Firm at (727) 388-4736 for a strategic review of your DUI case. The Morris Law Firm  represents clients throughout the Tampa Bay Area, including Pinellas, Hillsborough, Sarasota, Pasco, and Manatee counties.

Florida BUI vs. DUI: Key Differences and Their Impact on Boaters

Florida is known for its beautiful waterways, and many residents and tourists take advantage of the state's aquatic playground by spending their free time boating. However, it's crucial to understand the laws surrounding boating under the influence (BUI) and how they differ from driving under the influence (DUI) laws. In this article, we'll explore the key distinctions between Florida BUI and DUI laws and provide valuable tips to ensure you stay on the right side of the law while enjoying your time on the water.

BUI vs. DUI: Legal Blood Alcohol Concentration (BAC) Limits

While both BUI and DUI laws in Florida prohibit operating a vehicle or vessel with a BAC of 0.08% or higher, there are some differences in how these limits are enforced. For example, Florida law enforcement officers can request a breathalyzer test from a person suspected of BUI, just as they would for a DUI. However, unlike DUI laws, Florida Statute 326.18 allows law enforcement to board a vessel without probable cause or a warrant to ensure compliance with BUI laws. This means boaters may be subject to BAC testing even if they do not display any impairment.

Penalties for BUI Convictions

Penalties for BUI convictions in Florida can be just as severe as those for DUI convictions. Some potential consequences of a BUI conviction include the following:

It's important to note that BUI convictions can also impact your driving privileges, as the Florida Department of Highway Safety and Motor Vehicles may suspend your driver's license if you are convicted of a BUI offense.

Defenses Against BUI Charges

Just like with DUI charges, there are several potential defenses against BUI charges that may be applicable in your case. Some common defenses include:

It's crucial to consult with an experienced criminal defense attorney well-versed in Florida BUI laws to determine the best defense strategy for your situation.

How Morris Law Firm, P.A. Can Help

If you're facing BUI charges in Florida, you must have knowledgeable legal representation. At Morris Law Firm, P.A., our team of skilled criminal defense attorneys can help you navigate the complexities of Florida BUI vs. DUI laws and work diligently to protect your rights and interests. We understand the impact that a BUI conviction can have on your life, and we're committed to providing the aggressive and effective defense you need to achieve the best possible outcome in your case.

Contact Morris Law Firm, P.A. today to schedule a consultation and learn more about how we can help you defend against BUI charges and safeguard your future!