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.

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.