Facts About 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 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.

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.

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:

1. 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.

2. 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.

3. 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.
4. 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.

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.

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 Leuders, we will review your case and provide a winning strategy for the best possible outcome.