Phoenix Marijuana DUI Defense Lawyer
Facing a DUI charge involving marijuana in Phoenix can be a complex and frustrating experience. Arizona has strict DUI laws, and driving under the influence of marijuana can carry serious consequences, even if you are a medical marijuana cardholder or the substance was used days prior to the arrest. You might be feeling overwhelmed by the thought of facing penalties like fines, license suspension, and possible jail time. At Suzuki Law Offices, we understand how complicated these charges can be, and we are here to fight for your rights. Our experienced attorneys are dedicated to providing you with a strong defense, ensuring your future is protected.
Unlike alcohol, the effects of marijuana can linger in the body long after its impairing effects have worn off, making DUI marijuana charges more complex. Law enforcement in Phoenix often relies on blood tests to determine the presence of THC (tetrahydrocannabinol), but these tests don’t always reflect a driver’s impairment. At Suzuki Law Offices, we understand the intricacies of marijuana DUI cases and know how to challenge unreliable evidence and faulty procedures. Our goal is to reduce or dismiss your charges and help you move forward with your life.
When the unexpected hits, you should not have to figure out the next step alone. Suzuki Law Offices is available 24/7 to listen, explain your options clearly, and bring focused, professional advocacy to your side. Call now for a free consultation and put a team in your corner that stays with you from the first conversation through the outcome.
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Arrested for Driving Under the Influence of Drugs?
Even if you are not truly “impaired,” it is possible to be convicted of driving under the influence (DUI) of marijuana in Arizona. If THC is found in your blood, you could be sentenced to jail for up to six months for a misdemeanor Phoenix DUI offense, have to pay significant fines and fees and lose your driver’s license for up to one year. It hardly sounds fair, but this is the law.
Suzuki Law Offices defends people charged with marijuana-related DUI offenses in Arizona. We are experienced and knowledgeable and determined to obtain the best possible outcome for every client. If you have been charged with driving under the influence of drugs, the attorneys at Suzuki Law Offices are ready to fight for you.
Arizona’s Zero-Tolerance Marijuana DUI Laws
While it may be legal in other states to use marijuana recreationally or medically right here in our state, Arizona, drivers have to deal with what is effectively a zero-tolerance policy for driving under the influence of marijuana. The active chemical in marijuana – THC, the chemical that produces the “high” – has a limited shelf life. THC will diminish and leave a person’s system the same day. Arizona law states that the presence of metabolites – the stuff that stays in the bloodstream for weeks after using marijuana – will be enough to get you charged with DUI and possibly even convicted, even though you weren’t impaired.
Why is this? It boils down to how an Arizona appeals court ruled: “We determined that the legislative ban extends to all substances, whether capable of causing impairment or not.” Even though Arizona allows the use of marijuana for medical purposes if evidence exists that you smoked marijuana at any point, even though the effects wore off long ago, you’re at risk of a DUI conviction.
What If I Have a Medical Marijuana Card in Arizona?
The Arizona Medical Marijuana Act (AMMA) was passed in 2010, allowing qualifying patients to possess and use a certain amount of cannabis. While this may be an affirmative defense to marijuana DUI charges – if you can prove that the level of metabolites in your system was not enough to cause impairment – the law clearly states that medical marijuana patients are not immune from Arizona’s DUI laws. Thus, you may still find yourself in a sticky situation.
Arizona is one of three states that has both a zero-tolerance policy when it comes to driving under the influence of marijuana and a law that legalizes the use of medical marijuana. So, even if you have the smallest amount of cannabis in your system when you are pulled over by law enforcement, there is a good chance you will face criminal charges.
How to Protect Your Rights During a Phoenix Marijuana DUI Stop
If you are suspected of driving under the influence of marijuana, it is important to know your rights.
- Don’t admit to using marijuana – Even if you are stopped on suspicion of DUI, you should avoid saying anything incriminating to the police. It is your right to remain silent; you should exercise this right immediately.
- Don’t take the field sobriety tests – You are not legally obligated to take field sobriety tests. So, if the officer asks, politely decline. However, you will be required to take a blood or urine test if you are arrested for DUI.
- Contact an attorney immediately – If you have been arrested for DUI, you should first contact a lawyer. Don’t assume you can talk out of the situation; you may make things worse.
The Penalties for a Phoenix Drug-Related DUI Conviction
If you are caught driving under the influence of drugs, you will be charged with a class 1 misdemeanor—which is also the case for an alcohol-related DUI offense. This crime is punishable by a mandatory jail term of 10 consecutive days.
You could also face the following penalties for a drug-related DUI offense:
- Up to six months in jail (minimum 10-day term)
- Over $2,000 in various fines and court fees
- A 90-day driver’s license suspension
- Installation of an ignition interlock device
- Alcohol or drug education/treatment program
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.
Call or text 602-682-5270 or complete a Free Case Evaluation form.
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