Driving High Is Still DUI: Marijuana DUI In Arizona

Many people have a favorite way to wind down at the end of a long day or week, whether it’s a vigorous workout, a glass of wine or an ice-cold beer, or even ingesting marijuana to get high. It can help someone let loose without the hangover and other negative physical effects that drinking alcohol can cause. But not getting drunk doesn’t make a person sober. Getting high increases reaction time and impairs decision-making and other functions. That means that it can be dangerous to get behind the wheel of a car after smoking pot, even if your BAC, or blood alcohol content, is 0.0. Even if you have a prescription to use medical marijuana, this doesn’t justify driving while high in Arizona. Our state takes a tough stance on all forms of Driving Under the Influence, including marijuana DUI. Don’t underestimate the severity of the penalties you will face if convicted of this offense in Arizona. If you have been arrested for marijuana DUI in Phoenix, Tucson, or the surrounding areas, contact our firm to learn more about your defense options. Schedule your free case evaluation today by contacting us or calling 480-470-1504. 

What Are the Penalties for Driving High in Arizona?

Arizona has notoriously strict DUI penalties which apply to defendants convicted of marijuana DUI as well. One of the most distinctive features of Arizona DUI law is that jail time is required for convicted defendants, even if this is their first DUI or first criminal offense ever. 

Some defendants will only serve a few days in jail, but when certain factors are present, the defendant can be sentenced to several weeks or even months behind bars. Jail time isn’t just a scary concept, it can be costly. A DUI defendant could miss hours at work or be fired due to their jail sentence, and can even be charged for expenses during their incarceration. 

There is no avoiding jail time if convicted of marijuana DUI in Arizona, and there are other penalties a convicted defendant will also face. Fines for a DUI start at around $1,250 but can be much higher depending on the case’s specific facts.

 A defense attorney isn’t cheap, and even a defendant who uses a public defender can be charged for legal representation if the court finds they have the ability to pay. The driver’s car insurance premiums will increase drastically, and the driver might be required to install an ignition interlock device in their vehicle, which is accompanied by monthly fees and maintenance fees. The driver will have to complete defense driving school and community service, and will lose their driving privileges for what could be several months or more than a year. Concerned about the penalties you are facing after a marijuana DUI arrest in Tucson or Phoenix? Contact our firm for your free consultation at 480-470-1504 or contact us. 

Defenses to Consider for Arizona Marijuana DUI Charges

Regardless of the substance impairing a driver’s abilities, there are a number of defenses that can be utilized to mitigate the negative effects of being arrested for DUI in Arizona. Some of the concepts are similar to those that would be used by a drunk driver fighting Arizona DUI charges. If you believe any of the following defense strategies may apply to your case, you should review them with an experienced criminal defender. For your free consultation with a seasoned Arizona DUI attorney, contact us or call 480-470-1504. 

• Lack of reasonable suspicion for stop: If a police officer believes that a driver is under the influence of marijuana, they must have demonstrable reasonable suspicion before pulling that driver over for investigation. A driver who is under the influence of marijuana might have troubles following the speed limit and obeying traffic signals, which can tip an officer off that they might be high. A high driver might also drift in their lane or fail to use their headlights or turn signals. A police officer could even have reasonable suspicion to pull over a possibly-high driver after seeing them stumble out of a dispensary. Keep in mind that reasonable suspicion doesn’t equal 100% certainty in a marijuana DUI context. The police just need to have cause to believe that the driver might be high.
• Lack of probable cause to arrest: The constitutional standard for a stop and investigation is reasonable suspicion, but the constitutional standard for an arrest is probable cause. To have probable cause, the police needs to be able to show that they believed it was more likely than not that a crime had been committed by the defendant. The driver should already be pulled over at this point, so the signs of probable cause for marijuana DUI are different than the driving mistakes that could give a police officer reasonable suspicion to stop for DUI investigation. But if probable cause wasn’t present, the defendant can fight the charges and dispute any evidence obtained after that point. 
• Failure to read Miranda Rights: When a suspect is being placed under arrest, the police are obligated to read that person their Miranda Rights. We’ve all heard the Miranda Rights, or at least the beginning of them, at least on television but ideally not in real life. They start with the right to remain silent- anything you say can and will be used against you in a court of law. They also include the right to an attorney, including a court-appointed attorney if the defendant cannot afford their own. 
• Not actually high: Any amount of THC in a person’s system while driving can result in them being arrested for marijuana DUI in Arizona. However, when a person uses marijuana regularly, it takes a higher concentration for them to actually be high. Here, the defendant may want to attempt to show the court that based on their regular marijuana usage, the amount in their system at the time of the arrest was insufficient to impair their driving abilities. 
• Inaccurate testing: Police officers can test a driver’s blood, breath, or urine to determine if they are sober enough to drive in Arizona. For the most part, these tests are highly accurate and can be relied upon both by law enforcement and in a court of law. But there can be errors in how testing is conducted, or how results are transferred and stored. When this happens, it is unfair to penalize the defendant when some of the most pivotal evidence in their case has not been maintained with the same rigorous protocol as other defendants. 

Frequently Asked Questions

How long will it take me to get my driver’s license back after a DUI?

First-time DUI offenders lose their driving privileges in 90 days in Arizona, although some defendants may successfully apply for a condition permit to get to places like school and work. Subsequent offenders will lose their driving privileges for one year or longer. 

Is my medical marijuana card a defense to DUI charges?

A medical marijuana card allows a medical patient to legally purchase and grow marijuana with fewer taxes to pay than recreational users. However, it must be demonstrated that the defendant was impaired at least to the slightest degree if arrested for marijuana DUI with a medical marijuana card. Therefore, a medical marijuana card could help you avoid a mistaken marijuana DUI arrest, but it will not protect you from DUI charges if you are actually driving high. 

What signs do police look for when arresting a driver for marijuana DUI?

Some of the signs that police may investigate when a driver is suspected of being high include:

• Bloodshot eyes
• The smell of marijuana
• Delayed reactions
• Marijuana paraphernalia
• Admissions of marijuana use
• Difficulties concentrating
• Struggles with short-term memory

Should I retain an attorney if charged with a marijuana DUI in Arizona?

When jail time is at stake, you have a right to a court-appointed attorney, or to choose your own legal counsel. Choosing your own legal counsel is the best way to guarantee that your attorney is knowledgeable about Arizona criminal law and has experience representing DUI clients like yourself. 

What if my tolerance is high from being a frequent smoker?

Marijuana takes about 30 days to metabolize out of a user’s system, and frequent users can have metabolites in their system without any symptoms of being high. If you are a frequent marijuana smoker with an increased tolerance, it will be up to you and your legal team to prove that the amount in your system was not high enough to impair your driving abilities. 

Can’t I just refuse to submit my blood or urine for testing?

Just because marijuana won’t register on a Breathalyzer test doesn’t mean that driving high comes with a get-out-of-jail-free card. Arizona has an implied consent law that makes it extremely burdensome for drivers to refuse sobriety testing while operating a motor vehicle. A driver who refuses the test will have their driver’s license automatically suspended for one year. If the driver makes a second refusal within 84 months, the suspension period is 2 years. The driver will have a chance to fight the suspension at an administrative, although there are limited defenses to refusing sobriety testing while driving. This hearing and suspension can come in addition to DUI conviction and penalties if the police officer decides to place the driver under arrest. 

Do any of the felony DUI factors apply to marijuana DUI?

All of Arizona’s aggravated DUI factors could apply to a driver arrested for marijuana DUI, increasing the misdemeanor charges to a felony. They are:

• Driving high with a passenger younger than 15 years old
• Driving high in the wrong direction on a highway
• Driving high with a driver’s license that is suspended, canceled, revoked, refused, or restricted
• Receiving a third DUI violation within 84 months of the first violation
• Driving high while under court orders to have an ignition interlock device installed in their vehicle

Fight Back Against Arizona Marijuana DUI Charges with Our Phoenix and Tucson Criminal Defense Team

Marijuana may lead you down a less destructive path than excessive alcohol consumption, but it still impairs driving ability and makes our roads more dangerous. There are a litany of serious penalties you will face if convicted of marijuana DUI in Arizona. If you have been arrested for marijuana DUI, conviction will result in jail time, fines, loss of driving privileges, and more. Fight back with a knowledgeable criminal defense attorney in your corner. To see the difference one of our skilled DUI lawyers in Arizona can make versus going with a court-appointed lawyer, contact us or call 480-470-1504 to schedule your free case evaluation today. 

Arizona Offices:

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800
Email: info@myazlawyers.com
Website: https://myazlawyers.com/

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 469-6603