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Facts About Marijuana DUI in Arizona

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Driving under the influence of marijuana in Arizona is a serious offense that can have significant consequences on your life. Even though Arizona has legalized both medical and recreational marijuana use, it’s important to remember that operating a vehicle while impaired by marijuana remains illegal. Understanding the laws surrounding marijuana DUI is crucial for anyone who uses cannabis in the state.

It’s important to remember that operating a vehicle while impaired by marijuana remains illegal.


At Guardian Law Group, we’re committed to helping you navigate these legal challenges. Led by Attorney Christian Lueders, our team specializes in DUI defense, including cases involving marijuana impairment. Christian’s experience as a former felony prosecutor gives him unique insights into the legal system, allowing us to provide effective representation for our clients.We believe in empowering our clients with knowledge. This article will provide you with essential facts about marijuana DUI in Arizona, helping you understand what the law says, what penalties you might face, and how you can protect your rights.Whether you’re a medical marijuana patient or someone who occasionally uses cannabis recreationally, it’s vital to be informed about how marijuana can impact your ability to drive legally. Let’s explore what you need to know about marijuana DUI in Arizona.

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Whether in a pre-charge stage, or if you have already been arrested, this is when you need a free consultation with our legal team. Ask for your lawyer.

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During your free consultation, our legal team will evaluate your entire case and come up with the best defense strategy and potential outcome for you.

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In the pre-trial phase, we gather all evidence during discovery, and pre-trial motions are filed to address legal issues or suppress evidence.

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If your case goes to trial, Christian Lueders uses his experience as a former Maricopa County felony prosecutor to challenge the State's evidence, protect your rights, and present a strong defense before a judge or jury.

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What Constitutes a Marijuana DUI in Arizona?

Under Arizona law, a person can be charged with a DUI if they are found driving or in control of a vehicle while impaired by marijuana to the slightest degree. Arizona differentiates between two types of marijuana DUI charges:

  1. Impairment DUI: This charge applies when law enforcement believes you are impaired to any degree due to marijuana use while driving. This is a subjective assessment by the police, often based on field sobriety tests or observations.

     

  2. Per Se DUI: A “per se” marijuana DUI occurs when chemical tests reveal THC (the active psychoactive ingredient in marijuana) or its metabolites in your system, regardless of actual impairment. Arizona has a zero-tolerance policy for THC, meaning even trace amounts can lead to a DUI charge.

It’s important to note that Arizona allows recreational and medical marijuana use, but the law still prohibits driving while impaired by marijuana, even for medical cardholders.

Arizona’s Strict Marijuana DUI Laws

Arizona is known for its strict DUI laws, and marijuana DUIs are no exception. The state’s zero-tolerance policy for THC means that even if you are a registered medical marijuana user, you could face charges if you drive after consuming marijuana.For many drivers, this is especially challenging because THC can stay in the system for days or weeks, long after the effects of impairment have worn off.

Penalties for Marijuana DUI in Arizona

If convicted of a marijuana DUI in Arizona, you could face severe penalties. The consequences increase for repeat offenders, and the penalties are comparable to those for alcohol-related DUI offenses.

For a first-time marijuana DUI conviction:

  • Jail time: A minimum of 10 days, although some of this time may be suspended.
  • Fines and fees: Up to $1,500 in fines and surcharges.
  • License suspension: 90 days to one year.
  • Mandatory drug screening and education: You will be required to complete a drug education or treatment program.

For a second or subsequent DUI conviction:

  • Jail time: At least 90 days in jail.
  • Increased fines: Fines can exceed $3,500.
  • Longer license suspension: Up to one year or longer, depending on the circumstances.
  • Community service: A court may order community service hours.

Additionally, there are collateral consequences such as increased insurance rates, potential job loss, and difficulties obtaining certain professional licenses.

Defending Against Marijuana DUI Charges

If you are facing a marijuana DUI charge in Arizona, there are several defense strategies that could be effective, depending on the circumstances of your case. These include:

No Actual Impairment

If you have marijuana metabolites in your system but were not impaired at the time of driving, your attorney may argue that there was no impairment and, therefore, no valid reason for the DUI charge. Marijuana metabolites can remain in your system long after the psychoactive effects have worn off, and their mere presence does not necessarily indicate impairment.

Challenging the Traffic Stop

The validity of the initial traffic stop can be challenged if there is no reasonable suspicion or probable cause for the officer to stop you. If the stop is deemed unlawful, any evidence obtained during the stop, including field sobriety tests or chemical tests, may be excluded from the case.

Improper Administration of Tests

Law enforcement officers are required to follow strict procedures when administering field sobriety tests or chemical tests. Any deviation from protocol may result in unreliable results, which can be challenged in court.

Medical Marijuana Defense

If you are a registered medical marijuana patient in Arizona, your attorney may argue that the presence of marijuana in your system is lawful due to your medical use and that there was no impairment while driving.

Working with an experienced DUI attorney is essential to determine the best defense strategy for your specific situation.

Medical Marijuana Users and DUI Laws

While medical marijuana is legal in Arizona, it’s important to understand that having a medical marijuana card does not provide immunity from DUI charges. The key issue in marijuana DUI cases is impairment, not simply having THC in your system.

Even if you use marijuana legally for medical reasons, you can still face a DUI charge if you are found impaired while driving.

Frequently Asked Questions About Marijuana DUI in Arizona

Can I be charged with a DUI if I have a medical marijuana card?
Yes, you can still be charged with a DUI if you are impaired by marijuana while driving, even if you have a medical marijuana card
How long does THC stay in my system?
THC can remain in your system for several days or even weeks after use, depending on factors like frequency of use, metabolism, and body fat percentage.
What should I do if I’m pulled over and suspected of a marijuana DUI?
If you are pulled over, it is important to remain calm. Avoid making any incriminating statements, comply with lawful orders, and contact a DUI attorney as soon as possible.
What are the consequences of refusing a chemical test?
Refusing a chemical test in Arizona can lead to an automatic license suspension for up to one year, regardless of whether you are ultimately convicted of DUI.

How Guardian Law Group Can Help You

Facing a marijuana DUI charge can be overwhelming, but you don’t have to navigate it alone. The experienced legal team at Guardian Law Group is here to help protect your rights. We understand Arizona’s strict DUI laws and can help you develop a strong defense to reduce or dismiss the charges against you.

At Guardian Law Group, we:

  • Provide personalized defense strategies tailored to your specific situation.
  • Examine the evidence and procedural conduct of law enforcement to uncover any legal errors.
  • Negotiate with prosecutors to reduce charges or penalties when possible.
  • Represent you in court to ensure your case is fairly presented and your rights are protected.

If you’re facing a marijuana DUI charge in Arizona, contact Guardian Law Group today for a free consultation.

During your one-on-one consultation with defense attorney Christian Lueders, we will review your case and provide a winning strategy for the best possible outcome.

Our Mission & Promise to You

Guardian Law Group is dedicated to providing exceptional legal representation to those facing criminal charges in Arizona. We take a personal approach, combining legal expertise with individual attention so you feel supported throughout the entire process.
If you or someone you care about is facing criminal charges in Arizona, you don’t have to go through it alone. Attorney Christian Lueders and the team at Guardian Law Group are committed to your freedom and ready to help.

Personalized Representation

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Keeping You Informed

We believe in keeping you updated at every stage so you can make confident decisions.

Your rights, freedom, and future are important. Let us put our experience and dedication to work for you.

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