Arizona Marijuana DUI Attorney

Facing a Marijuana DUI in Arizona? You need an experienced defense attorney.

Arizona has seen major marijuana reform in recent years. Medical marijuana was legalized in 2010 and adult recreational use became legal in late 2020.

However, marijuana use and 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 used recreationally where permitted.

Arizona's Marijuana DUI Laws

In Arizona, it is illegal to drive under the influence of marijuana. The state has a zero tolerance policy for driving with any amount of marijuana or its impairing metabolite in the body.

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.

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.

Unlike alcohol, there are no legal limits established for amounts of marijuana or its metabolite. So even small or trace amounts are enough to result in a DUI charge. 

Arizona has strict laws against drugged driving, 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.

Penalties for Driving Under the Influence of Marijuana in Arizona

Arizona’s penalties for a marijuana DUI are the same as those for alcohol DUIs. On a first offense with no aggravating factors, it is a class 1 misdemeanor punishable by up to 6 months in jail, a fine of up to $2,500, license suspension, and installation of an ignition interlock device. Penalties increase for repeat offenses within a seven-year period.

To have the best chance at reducing penalties as much as possible 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.

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.

At JacksonWhite Law, our team of seasoned DUI defense 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. 

Call us today at (480) 467-4370, or click the “Get Started” button below, 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.

Meet JacksonWhite Law

We are a full-service law firm focused on Criminal Defense.

mesa criminal defense locationAs premier defense attorneys in Arizona, we’ve helped clients go from facing criminal charges to having less severe penalties, which can then makes it easier for our clients to move on after a criminal case. Some of the outcomes and results we’ve secured include:

• Reduced charges
• Dropped charges and cases
• Lessened penalties
• Probation, fines and classes instead of jail time

At JacksonWhite, we’re focused on the road ahead – not what’s behind you. We’ll make every effort to understand your case and offer legal solutions that can allow you to move forward and minimize the negative impact on your life. We’ve helped adults and juveniles facing all types of criminal charges, from DUI and drug crimes to violent crimes related to domestic violence, assault and battery. Our experienced attorneys will combine their knowledge, guidance and skill set to work toward the best possible outcome for you and your case.

Free Criminal Case Review

Call (480) 467-4370  or fill out the form below to get your free consultation and discuss your best legal options.