Facing a Marijuana DUI in Arizona? You need an experienced defense attorney.
Although Arizona has seen major marijuana reform in recent years, with medical marijuana being legalized in 2010 and adult recreational use in 2020, marijuana use while or before driving remains strictly prohibited. An arrest for driving under the influence of marijuana comes with serious criminal charges in Arizona, even if you have a medical marijuana card or use it recreationally where permitted.
If you have been charged with driving under the influence of Marijuana in Arizona, contact our marijuana DUI attorneys here at JacksonWhite Law. With decades of experience, we’ll develop a personalized defense strategy in search of reduced charges and less severe penalties to help you protect your future.
Arizona's Marijuana DUI Laws
Arizona Revised Statutes section 28-1381(A)(3) states that it is unlawful for a person to drive or be in actual physical control of a vehicle while there is any marijuana or its impairing metabolite in the person’s body. Unlike alcohol, there are no legal limits established for amounts of marijuana or its metabolite—even small or trace amounts are enough to result in a DUI charge. Smoking marijuana, vaping THC concentrate, or consuming THC in an edible form are all illegal before or while driving.
With marijuana DUIs, impairment is not required to be convicted. You can face charges if THC is simply detected in your system while operating a vehicle. While field sobriety tests for marijuana use are controversial and THC breathalyzer technology is still under development, blood and urine samples showing active THC metabolites can be used as condemning evidence. A law enforcement officer may suspect DUI in scenarios like traffic stops or the aftermath of a car accident.
Arizona has strict laws against driving under the influence of drugs, and marijuana users should be aware that any amount of the drug in their system puts them at risk of a DUI. The best way to avoid a marijuana DUI is to not drive within several hours of using marijuana or to drive completely sober.
Marijuana DUI Penalties and Consequences in Arizona
Arizona’s penalties for a marijuana DUI are typically the same as those for alcohol DUIs. The extent of penalties and consequences will depend largely upon the defendant’s criminal history and any aggravating factors that may have occurred with the crime.
A first offense with no aggravating factors is a class 1 misdemeanor that can be punishable by some of the following consequences:
- Up to 6 months in jail
- A fine of up to $2,500
- A driver’s license suspension for 90 days
- The installation of an ignition interlock device
- Probation
- Increased insurance premiumsÂ
- 8 points on your Arizona driving record
For a repeat offense within a seven-year period, penalties can increase up to the following:
- Fines up to $5,000Â
- A minimum of 90 days in jailÂ
- At least 30 hours of community serviceÂ
- Substance abuse screening and treatment
- 8 points on your Arizona driving record
A third offense within seven years is a felony aggravated DUI and carries even harsher penalties, including a minimum of four months in prison, fines exceeding $5,000 and a three-year revocation of your driver’s license.Â
Aggravating factors, like the presence of minors in the vehicle or the breaking of other traffic laws, can lead to harsher penalties and associated consequences, like higher fines and longer terms in jail.Â
To have the best chance at reducing your penalties for a marijuana DUI, you’ll need the help of an experienced criminal defense team, such as the remarkable team here at JacksonWhite Attorneys at Law.
Why Should You Hire a Phoenix Marijuana DUI Lawyer?
If you are facing a marijuana DUI charge, you could be facing hefty consequences if convicted. Facing your charges alone could put you up against an experienced prosecution team without support while putting you at risk of receiving the harshest penalties under the law.Â
At JacksonWhite Law, our marijuana DUI attorneys are dedicated to supporting you throughout every step of your case so that you can take advantage of all your potential legal avenues. Hiring an attorney will give you a valuable resource to turn to in navigating the legal system and combating your charges.
Working with one of our lawyers offers all the following benefits:
- Advanced Legal Knowledge – We can use our detailed understanding of Arizona laws to build a reasonable and effective defense.
- Tailored Defense Strategies – Our lawyers will analyze the circumstances of your unique case to craft a customized defense that best increases your chances of success.
- Challenging Evidence – An experienced legal team can challenge evidence presented by the prosecution team to weaken the argument against the defendant in search of an acquittal.Â
- Protection of Rights – Our attorneys will advocate for and protect your rights during the entire process, ensuring that you are not taken advantage of by the prosecution.Â
- Minimized Penalties – Using our experience and legal knowledge, we may be able to build a defense that can get your penalties and consequences reduced.Â
- Peace of Mind – Our attorneys will support you throughout the complex challenges of the legal system, helping to relieve stress and ensure you are not facing these challenges alone.
All together, hiring an attorney empowers you to navigate the legal system with greater chances of defeating your charges. The support you’ll receive from our attorneys at JacksonWhite will put you in a far better position against an aggressive prosecution. By working to understand your case and explore all your legal options we’ll do everything in our power to get you a more positive outcome.
How JacksonWhite Can Help with Marijuana DUI Charges
Our marijuana DUI attorneys at JacksonWhite Law can support you in facing harsh charges by helping you navigate every step of the legal process. We will begin every case with a free initial case review, allowing us to gather your perspective and understand the unique details surrounding your case. From there, we’ll take a detailed approach
We can support our clients in tackling marijuana DUI charges in all the following ways:Â
- Thorough Case Review – We’ll conduct a detailed review of the facts of your case so that we have a comprehensive understanding of your charges and the options for combating them.
- Challenging Evidence – We will challenge the legitimacy and accuracy of the evidence presented by the prosecution, like blood tests, field sobriety tests and the presence of marijuana metabolites, to weaken their argument against you.
- Expert Consultation – Our attorneys will consult with toxicology experts to develop an argument against impairment that can be used to advocate for reduced charges.
- Legal Motion Filing – We will file any legal motions that strengthen your defense, such as those to suppress improperly obtained evidence or challenge procedural errors.Â
- Negotiation with Prosecution – Our lawyers will use their experience to negotiate with the prosecution in search of reduced charges or a more favorable plea agreement.Â
- Aggressive Court Representation – We will aggressively advocate for you in all court hearings and trials to present our defense and undermine the prosecution’s case.Â
Located in Phoenix, our marijuana DUI lawyers support clients throughout Arizona facing criminal charges. If you or a loved one have been charged with marijuana DUI, you should contact our team as soon as possible so that we can help you navigate the legal system and ensure you aren’t caught off guard.
Potential Defense Strategies We Can Use on Your Behalf
Even with the harsh penalties that are possible for a marijuana DUI, there are several potential defenses that may be able to secure reduced charges or less severe penalties. However, it takes a skilled and experienced attorney to build a defense with the greatest chances of securing a more positive outcome. At JacksonWhite Law, our marijuana DUI lawyers will use our experience in these cases to build you the strongest possible case.Â
Some of the potential defense strategies we may be able to use include:Â
- Illegal Traffic Stop – If the law enforcement officers did not have a legal cause to pull you over, our attorneys may be able to argue that the charges are unjust and should be dropped.
- Inaccurate Blood Test Results – Blood test results used to detect THC levels can be inaccurate and unreliable, so we may be able to call their accuracy into question.
- Lack of Impairment – Even in cases where THC was present in a defendant’s system, our attorneys may be able to argue and present evidence that there was no actual impairment to an individual’s driving ability.
- Improper Testing Procedures – We may be able to build an argument questioning the procedures used to draw, store and test blood specimens for marijuana metabolites.
- Alternative Explanations – Our attorneys may be able to argue that the presence of THC is explained by legitimate reasons, such as the use of medical marijuana far in advance of driving.
- Violation of Rights – In cases where law enforcement violated your constitutional rights during the arrest or testing process, such as conducting an illegal search, we may be able to advocate for dropped charges.Â
The best defense depends on the unique facts of each case. During a free initial case review our team at JacksonWhite Law will work to understand your case so that we can start building a defense strategy with the greatest chances of your success.
What Outcomes Can You Expect If You Hire JacksonWhite?
When you face a complex legal system alone, you risk facing some of the harshest possible penalties under the law against a harsh prosecution team. With our team by your side, you can increase your chances of securing a positive outcome with less severe charges.
Our marijuana DUI attorneys may be able to help you accomplish some of the following outcomes:
- Dismissal of Charges – We will build a defense strategy to advocate for the full dismissal of your charges.Â
- Reduction of Charges – If we cannot get charges dismissed entirely, we can advocate to get charges reduced, like from a felony to a misdemeanor.
- Avoidance of Jail Time – Even if our attorneys cannot get your charges dismissed, we may be able to get your penalties reduced to consequences like probation or substance abuse classes and help you avoid jail time.
- License Retention – Depending on the case, we may be able to advocate for your penalties to not include the suspension or revocation of your license.
- Reduced Fines and Penalties – In cases where we cannot prevent a conviction, we may be able to help you get the fines and penalties you’re facing reduced.
- Expungement Opportunities – If you have been convicted of marijuana DUI and served your consequences, you may have the opportunity to have your record sealed to protect your future.
The potential outcomes that may result from your case depend on the circumstances of your situation and the evidence against you. The best way to understand your legal options is to consult with a skilled marijuana DUI lawyer. With a free initial case review at JacksonWhite, you can learn more about the legal avenues we may be able to pursue and have a firmer understanding of your potential outcomes.
Our Experience with DUI Charges
Our team at JacksonWhite Law has handled countless cases involving charges for driving under the influence whether this includes alcohol or marijuana. We have been able to represent several of our clients facing harsh penalties and consequences to get these penalties reduced.
Using our experience with these cases, we have been able to accomplish some of the following results:Â
- In Kyrene Justice Court, we represented a client facing two counts of DUI, securing a result that included MADD classes, an ignition interlock device and counseling with no jail time.
- In Maricopa Superior Court, we represented a client facing a drug-related DUI charge and had the charge reduced to a misdemeanor with fines, probation, and classes with no jail time.Â
The potential results for every case differ significantly, so it’s crucial that you consult our attorneys to learn more about your specific options. When you contact our marijuana DUI attorneys, we will help you explore all your legal options for seeking reduced charges through a free initial case review.
Get Help Fighting a Marijuana DUI Charge in Arizona
The deck is often stacked against drivers facing marijuana DUI charges in Arizona. Complex laws, questionable testing procedures and confusing science make building a defense quite difficult without experienced legal help. Trying to navigate the system alone after an arrest can be overwhelming without the support of an experienced attorney.
At JacksonWhite Law, our team of seasoned marijuana DUI attorneys have successfully handled countless marijuana DUI cases. We know how to build the strongest defense to achieve the best possible outcome. Don’t go it alone against the complex criminal justice system.Â
Call us today at (480) 467-4370 to schedule a free case review if you or someone you care about is facing marijuana DUI charges in Arizona. With our attorneys on your side, you can move forward with confidence.
