Arizona Marijuana DUI Defense
The passing of Medical Marijuana Prop 203 does not affect Arizona’s Drug DUI laws.
The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Arizona DUI laws. If you are stopped by the police and determined to be driving “impaired to the slightest degree” with Marijuana in your system, you may be arrested or charged with an Arizona DUI. If you have been arrested or charged with a Drug DUI or Marijuana DUI you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona DUI charges and defense options.
Arizona Marijuana DUI Laws
Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.
Even if you are a certified card holder for Arizona medical Marijuana use, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store, A.R.S. 28-1381 3.B. will apply. Below are portions of the
Arizona DUI drug laws:
Arizona Revised Statutes
“A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree….
3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….”
(Cited in Part: Arizona State Website azleg.state.az.us/)
Arizona DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and Urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The prosecution will usually insist without justifiable circumstances that the blood or urine testing is accurate and admissible as evidence to use against you. A good Arizona defense Attorney will examine the evidence to determine if a compelling argument can be made to suppress it and file the proper motions.
Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Phoenix DUI convictions. References are from A.R.S. 28 – 1381, 28-1382, and 28-1383:
• First DUI (non-extreme) .08+ BAC……………… 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC……………..30 Days in Jail
• First DUI Extreme .15+ BAC ……………………. .30 Days in Jail
• Second DUI Extreme .15+ BAC……………………. 120 Days in Jail
• First DUI Super Extreme .20+ BAC……………….. 45 Days in Jail
• 2nd Super Extreme .20+ BAC……………………..180 Days in jail
• Felony DUI (with aggravated classification)……4 Months in Prison
Arizona Marijuana DUI Defense Attorney
The criminal justice system in Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Arizona prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be the your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.