Phoenix Marijuana DUI Defense Lawyer

Arizona Marijuana DUI Laws

Arizona’s marijuana DUI laws are among the strictest in the nation, and they can apply even if the driver is not impaired at the time of the arrest. This section explores how these laws work and what drivers should know.

DUI with Marijuana and Legal Implications

In Arizona, it is illegal to drive with any detectable amount of marijuana or its metabolite (THC) in your system. This applies even if the marijuana was legally consumed, such as by a medical marijuana cardholder. Arizona’s zero-tolerance law means that you can be charged with DUI even if there is no evidence of impairment. As a result, someone who consumed marijuana days or even weeks before driving could still face DUI charges.

Medical Marijuana and DUI

Medical marijuana cardholders in Arizona are not exempt from DUI charges. While state law allows individuals with a medical marijuana card to legally possess and use marijuana, it does not protect them from being charged with DUI if THC is found in their system. The presence of THC in your blood can still lead to a DUI charge, and the penalties can be just as severe as for non-cardholders.

Penalties for Marijuana DUI

The penalties for a marijuana-related DUI are similar to those for an alcohol-related DUI. These can include:

• Fines: First-time offenders can face fines ranging from $1,200 to $2,500.
• License suspension: A conviction can lead to a license suspension of 90 days or more.
• Jail time: First-time offenders face a minimum of 10 days in jail, although some of this sentence may be suspended if certain conditions are met.
• Mandatory substance abuse treatment: Offenders may be required to attend drug education or treatment programs as part of their sentence.

Defending Against a Phoenix Marijuana DUI Charge

Although marijuana DUI charges in Arizona can be daunting, there are several defenses that a skilled attorney can use to challenge the evidence and reduce the charges.

Challenging THC Blood Tests

THC, the psychoactive compound in marijuana, can remain in the bloodstream for days or even weeks after use, long after its impairing effects have worn off. Blood tests used by law enforcement only detect the presence of THC, not the level of impairment. Your attorney can challenge the accuracy and relevancy of these tests, arguing that the THC in your system does not indicate that you were impaired at the time of the arrest.

Improper Field Sobriety Tests

Field sobriety tests (FSTs) are often used by law enforcement to assess impairment, but these tests are subjective and can be inaccurate when used to determine marijuana impairment. Factors like fatigue, medical conditions, or poor coordination unrelated to drug use can affect performance on FSTs. An experienced attorney can question the reliability of these tests in your case, arguing that they do not provide conclusive evidence of impairment.

Lack of Probable Cause for Traffic Stop

In order to stop a vehicle and make an arrest, police must have probable cause that a traffic violation or crime has occurred. If the officer did not have reasonable suspicion to pull you over, any evidence collected during the stop, such as a blood test showing the presence of THC, may be inadmissible in court. This could result in a reduction or dismissal of charges.

The Long-Term Consequences of a Phoenix Marijuana DUI Conviction

A conviction for a marijuana-related DUI can have far-reaching consequences that extend beyond the initial penalties. Understanding these potential long-term effects can help you appreciate the seriousness of the charge and the importance of building a strong defense.

Criminal Record and Employment

A DUI conviction will result in a permanent criminal record, which can create challenges when applying for jobs, housing, or professional licenses. Many employers conduct background checks, and a DUI conviction—whether it involves alcohol or marijuana—can harm your chances of securing employment, particularly in fields that require a clean driving record or security clearance.

Impact on Driving Privileges

One of the immediate consequences of a marijuana DUI conviction is the suspension of your driver’s license. Even first-time offenders face a 90-day license suspension, which can be extended for repeat offenses or if other aggravating factors are present. Without a license, commuting to work, running errands, or fulfilling family obligations can become significantly more difficult.

Financial Burden

In addition to the fines and fees associated with a DUI conviction, you may also face increased insurance premiums. Auto insurance providers view drivers with DUI convictions as high-risk, often leading to substantial rate hikes or policy cancellations. Over time, these financial burdens can add up, making it difficult to recover from the conviction.

How to Fight Your Marijuana DUI Charges

Our attorneys are former prosecutors who now defend people charged with drug and alcohol-related DUIs. We understand the many possible defenses in these cases and how to challenge the state’s assertions. As in regular DUI cases, several defense strategies could result in a dismissal of the charge or reduction to a non-DUI driving offense.

There are several possible defenses against marijuana DUI charges, which may include:

• Lack of probable cause for law enforcement to stop your vehicle
• Lack of probable cause for law enforcement to continue the investigation
• Lack of admissible blood or urine tests / no clear chain of custody
• Failure of law enforcement to follow proper procedure when arresting you
• Failure of law enforcement to advise you of your Miranda rights

If a viable defense strategy exists in your case, we will find it. The Phoenix marijuana DUI lawyers at Suzuki Law Offices have extensive experience in drug crime cases, including those that involve driving under the influence. If you have been charged with DUI or a related crime like marijuana possession, you can turn to us for an aggressive defense.

Contact Us Today for a Free and personalized Case Review!

At Suzuki Law Offices, our Phoenix marijuana DUI lawyers can immediately respond to your call for help, review your case at no cost to you, and determine how we can assist. We have already helped hundreds of clients protect their rights, freedoms, and futures after being charged with serious crimes in Arizona, and now we are ready to do the same for you.