Phoenix Marijuana DUI Defense Attorney

Even if you are not truly "impaired," it is possible to be convicted of driving under the influence (DUI) of marijuana in Arizona. If THC is found in your blood, you could be sentenced to jail for up to six months for a misdemeanor DUI offense, have to pay significant fines and fees, and lose your driver's license for up to one year. It hardly sounds fair, but this is the law.

Suzuki Law Offices defends people charged with marijuana-related DUI offenses in Arizona. We are experienced and knowledgeable, and we are determined to obtain the best possible outcome for every client. If you have been charged with driving under the influence of drugs, the attorneys at Suzuki Law Offices are ready to fight for you.

Contact Suzuki Law Offices today for a free consultation with our marijuana DUI defense lawyers.

Arizona's Zero-Tolerance Marijuana DUI Laws

While it may be legal in other states to use marijuana recreationally, or medically right here in our state, Arizona drivers have to deal with what is effectively a zero-tolerance policy for driving under the influence of marijuana. The active chemical in marijuana - THC, the chemical that produces the "high" - has a limited shelf life. THC will diminish and be out of a person's system the same day. Arizona law states that the presence of metabolites – the stuff that stays in the bloodstream for weeks after using marijuana – will be enough to get you charged with DUI, and possibly even convicted, even though you weren't actually impaired.

Why is this? It boils down to the way an Arizona appeals court ruled: "We determined that the legislative ban extends to all substances, whether capable of causing impairment or not." In spite of the fact that Arizona allows the use of marijuana for medical purposes if evidence exists that you smoked marijuana at any point, even though the effects wore off long ago, you're at risk of a DUI conviction.

What If I Have a Medical Marijuana Card in Arizona?

The Arizona Medical Marijuana Act (AMMA) was passed in 2010, allowing qualifying patients to possess and use a certain amount of cannabis. While this may be an affirmative defense to marijuana DUI charges – if you can prove that the level of metabolites in your system was not enough to cause impairment – the law clearly states that medical marijuana patients are not immune from Arizona’s DUI laws. Thus, you may still find yourself in a sticky situation.

Arizona is one of three states that has both a zero-tolerance policy when it comes to driving under the influence of marijuana and a law that legalizes the use of medical marijuana. So, even if you have the smallest amount of cannabis in your system when you are pulled over by law enforcement, there is a good chance you will face criminal charges.

How to Protect Your Rights During a Marijuana DUI Stop

If you are suspected of driving under the influence of marijuana, it is important to know your rights.

• Don’t admit to using marijuana – Even if you are stopped on suspicion of DUI, you should avoid saying anything incriminating to the police. It is your right to remain silent, and you should exercise this right immediately.
• Don't take the field sobriety tests – You are not legally obligated to take field sobriety tests. So, if the officer asks, politely decline. However, you will be required to take a blood or urine test if you are arrested for DUI.
• Contact an attorney immediately – If you have been arrested for DUI, the first thing you should do is contact a lawyer. Don’t assume that you can talk your way out of the situation; you may just make things worse.

The Penalties for a Drug-Related DUI Conviction

If you are caught driving under the influence of drugs, you will be charged with a class 1 misdemeanor—which is also the case for an alcohol-related DUI offense. This crime is punishable by a mandatory jail term of 10 consecutive days.

You could also face the following penalties for a drug-related DUI offense:

• Up to six months in jail (minimum 10-day term)
• Over $2,000 in various fines and court fees
• A 90-day driver’s license suspension
• Installation of an ignition interlock device
• Alcohol or drug education/treatment program

Contact Suzuki Law Offices to request a free case evaluation or fill out an online consultation form.