Question: What should I do if I’m pulled over for Driving While High?

Answer: Do the field sobriety test as instructed by the police.

Answer: Do the filed sobriety test as instructed by the police.

With the decriminalization of marijuana in Florida and medical cannabis stores everywhere, your chances of getting pulled over for Driving While High are…well, high. If you’re arrested for this, it’s the same as a DUI charge – that is driving under the influence – but by weed instead of alcohol. Usually, when you first roll down your window the cop can smell the odor of marijuana – at least that’s what they say, every single time.

So is there a particular breathalyzer test for marijuana? Not in Florida (although there is in other States). This means that the cops’ observations of you form the basis for an arrest. The only ‘objective’ test they have is the field sobriety test. Should you participate? Absolutely.

First, if you refuse, it’s harder for your lawyer to negotiate a better deal (such as a plea to the lower charge of reckless driving). Prosecutors usually treat drivers that refuse more harshly.

Second, you will likely do better on the field sobriety test (which is usually now filmed through the cop’s body cam) than you think. Cops often exaggerate and write reports that you failed the field test when in fact you didn’t. For example, the cop will always write that you had “bloodshot, watery eyes” even though the body cam may show that your eyes were white and clear. The showing of the body cam video to a jury (or prosecutor) to contradict what the police wrote in their reports is great for cross-examination and will hurt their credibility. And it will demonstrate that you were not impaired.

The average person would have trouble doing a field sobriety test sober, let alone with a cop shining a flashlight in your eyes and the fear of being arrested. Do the field test as best you can and let your lawyer do the rest.