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Law Firm Assisting Clients Charged With Driving Under the Influence of Marijuana in Tucson
Arizona law states that it is illegal to drive or be in actual physical control of a vehicle while impaired due to any drug – even if the drug was lawfully prescribed to you by a doctor. This includes medical marijuana. If you have been arrested and charged with driving under the influence (DUI) of a drug, including marijuana, you should contact the DUI defense lawyers at The Behan Law Group, P.L.L.C. at 520-220-5047 to learn about how we can help you fight these charges and protect your reputation and freedom.
Arizona Law on Marijuana DUIs
Based on Arizona statute §28-1381, you can be convicted of a DUI for driving or being in actual physical control of a vehicle "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 [you are] impaired to the slightest degree." Even legally prescribed marijuana, if it diminishes your ability to function normally, could result in a violation of this statute.
Additionally, Arizona statute §28-1381(A)(3) states that you can be convicted of DUI for driving with a prohibited substance in your blood, like marijuana. This means that if it is illegal for you to have the substance in your hands, you cannot drive with it in your blood. Now, medical marijuana card holders are legally allowed to have marijuana in their blood. Unfortunately, even if the police know you have a medical marijuana card, they will often charge you with a violation of this statute.
There is some good news. According to the Arizona Supreme Court, medical marijuana card holders have something called an affirmative defense to any charge that they were driving with a prohibited substance in their blood. The Supreme Court said that a person is not guilty of the (A)(3) violation if they (1) have a valid prescription for the substance; and (2) can demonstrate mere ingestion of the substance and not impairment.
Just because you took your prescribed medical marijuana does not mean your abilities were impaired or that you are guilty of a DUI. In fact, most of the time, the evidence will show only that person ingested marijuana, not that they are impaired by it. When facing these serious charges, it is important to have an attorney on your side who is trained in reviewing scientific evidence and experienced in litigating these issues.
Top Ten Questions About Tucson Arizona Marijuana DUI Laws
Defending Against a Marijuana DUI
Whether or not you were impaired by medical marijuana is rarely crystal clear. You may have been arrested based on the police officer's casual observations or gut feeling – not because the facts pointed to impairment. The lawyers at The Behan Law Group, P.L.L.C. can challenge the legality of your initial stop and your arrest in order to seek the dismissal of the charges.
If you took your medical marijuana as prescribed or recommended, you did not do anything inherently wrong. We can use this fact to fight to have the charges dropped or for the jury to find you not guilty. Our attorneys will conduct a thorough investigation into your situation to find weaknesses in the state's case and to find evidence that is beneficial for your defense. We will use this information to make every possible argument for your innocence and also to minimize the potential consequences of any conviction.
Marijuana DUI FAQs
Answer: Yes, you can be charged with driving under the influence if you are found to have any trace of marijuana in your system while driving or if your driving is impaired by cannabis in your system.
Answer: THC, the psychoactive ingredient in marijuana, can remain in your system for a long time after smoking. This means that it could show up on a blood test days or even weeks later, which can result in DUI charges.
Answer: A first conviction of marijuana DUI in Arizona is a Class 1 misdemeanor punishable by up to six months in jail, with a minimum jail sentence of 10 days. Subsequent convictions will result in increased minimum sentencing and mandatory license revocations.
Answer: Unlike alcohol DUI, which requires a showing of impairment or proof that the driver was above the legal alcohol limit, you can be charged with marijuana DUI for having any trace amounts of cannabis in your system. Both marijuana and alcohol DUIs generally carry the same legal penalties upon conviction. At higher percentages of blood alcohol concentration, you face greater penalties for alcohol DUI.
Answer: Due to Arizona’s zero-tolerance laws regarding marijuana behind the wheel, marijuana DUIs are very common. Since THC can remain in your bloodstream longer than alcohol, it is not unheard of for people to get arrested for DUI despite having last smoked marijuana days before they got pulled over.
Answer: Arizona has stricter penalties for first-time DUI offenses than many other states. If you are convicted of DUI–marijuana or otherwise–you could face a 10-day minimum jail sentence. At The Behan Law Group, P.L.L.C., we can explore different strategies in your defense, looking for ways to get the charge dropped or negotiating for a reduced jail sentence.
Answer: Yes. Under Arizona’s DUI statute, you can be charged with DUI for having certain drugs or their metabolites in your body, including marijuana.
Answer: Arizona’s zero-tolerance policy on marijuana usage behind the wheel means that you can be charged with DUI with any amount of marijuana in your system. This means that even if your driving ability is not impaired at all, you can still face criminal charges for having any detectable amount of cannabis in your body.
Answer: The results of a chemical test are often used as evidence against defendants facing marijuana DUI charges. A blood test can reveal the presence of marijuana in your system, which the prosecution can present as evidence in court. Additionally, the arresting officer may also ask you to perform certain field sobriety tests to judge your level of impairment, though these test results are not always reliable.
Answer: This is a complicated question for anyone pulled over for DUI. After you have been arrested, you must submit to any blood or breath test to detect the presence of drugs or alcohol in your system. If you refuse, your license will be automatically suspended due to the state’s implied consent laws. Refusing a blood test can deny the prosecution crucial evidence, so you may choose to accept the license suspension if it would help prevent a DUI conviction. However, even if you refuse, the police may ask a judge for a warrant that will allow them to take a blood sample. Discussing your options with your attorney can help you determine what to do.
Answer: Arizona’s DUI statute states that you can be charged with DUI for exhibiting “the slightest degree” of impairment behind the wheel due to the effects of marijuana. A police officer could pull you over for swerving between lanes or driving unusually slow or fast, for instance.
Contact Our Graham County DUI Defense Lawyers
If you have been charged with a DUI based on the effects of medical marijuana, contact the DUI defense attorneys at The Behan Law Group, P.L.L.C. today at 520-220-5047. We serve clients throughout Pima County, Cochise County, Santa Cruz County, Graham County, Maricopa County, and Pinal County.
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