DUI with Marijuana

Phoenix Marijuana DUI Defense Attorney

Arrested for Driving Under the Influence of Drugs?

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.

How to Fight Your Marijuana DUI Charges

Our attorneys are former prosecutors who now defend people charged with drug and alcohol-related DUI. We understand the many possible defenses in these cases, and how to challenge the state's assertions. As in regular DUI cases, there are a number of defense strategies that could result in a dismissal of the charge or reduction to a non-DUI driving offense.

There are several possible defenses against marijuana DUI charges, which may include:

  • Lack of probable cause for law enforcement to stop your vehicle
  • Lack of probable cause for law enforcement to continue the investigation
  • Lack of admissible blood or urine tests / no clear chain of custody
  • Failure of law enforcement to follow proper procedure when arresting you
  • Failure of law enforcement to advise you of your Miranda rights

If a viable defense strategy exists in your case, we will find it. The Phoenix marijuana DUI lawyers at Suzuki Law Offices have extensive experience in drug crime cases, including those that involve driving under the influence. If you have been charged with DUI, or a related crime like marijuana possession, you can turn to us for an aggressive defense.

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 Us Today for a Free & Personalized Case Review!

At Suzuki Law Offices, our Phoenix marijuana DUI lawyers can immediately respond to your call for help, review your case at no cost to you, and determine how we can be of assistance. We have already helped hundreds of clients protect their rights, freedoms, and futures after being charged with serious crimes in Arizona, and now we are ready to do the same for you. Our team is available 24/7, so please don’t hesitate to get in touch. We offer free and confidential DUI case evaluations.

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

  • Scottsdale Progressed - Best of 2021
    Scottsdale Progressed - Best of 2021
  • Avvo 2021
    Avvo 2021
  • Top Lawyers 2020
    Top Lawyers 2020
  • Avvo 2020 Award
    Avvo 2020 Award
  • Scottsdale Progressed - Best of 2020
    Scottsdale Progressed - Best of 2020
  • Avvo Rating 10.0
    Avvo Rating 10.0
  • Avvo Clients' Choice Award 2019
    Avvo Clients' Choice Award 2019
  • Scottsdale Progressed - Best of 2019
    Scottsdale Progressed - Best of 2019
  • Avvo 2018 Award
    Avvo 2018 Award
  • Avvo Clients Choice 2017
    Avvo Clients Choice 2017
  • Avvo 10.0 Superb
    Avvo 10.0 Superb
  • Avvo Reviews - 5 Stars
    Avvo Reviews - 5 Stars
  • US Court Appeals
    US Court Appeals
  • Arizona Attorneys for Criminal Justice
    Arizona Attorneys for Criminal Justice
  • American Association of Premier DUI Attorneys
    American Association of Premier DUI Attorneys
  • ABA
  • American Association for Justice
    American Association for Justice
  • Top Valley Lawyers 2017
    Top Valley Lawyers 2017
  • Top Valley Lawyers 2018
    Top Valley Lawyers 2018
  • National Association of Criminal Defense Lawyers
    National Association of Criminal Defense Lawyers
  • Arizona Trial Lawyers Association
    Arizona Trial Lawyers Association
  • Top Lawyers Cover 2021
    Top Lawyers Cover 2021
  • Top Valley Lawyers 2019
    Top Valley Lawyers 2019
  • AZ state bar
    AZ state bar
  • Multi-million dollar advocates
    Multi-million dollar advocates
  • Avvo Clients Choice 2015
    Avvo Clients Choice 2015
  • Top 100 Trial Lawyers
    Top 100 Trial Lawyers

Suzuki Law Offices

See The Difference
  • Our team has in-house Private Investigators that are retired from law enforcement
  • We are aggressive and honest in our pursuit to uphold your rights
  • We are a devoted and highly rated team of professional advocates
  • We will review your case for FREE in an initial consultation
  • Our firm has recovered millions of dollars for our clients
  • Our defense lawyers are fluent in both English and Spanish
  • Our attorneys have worked on the other side of the courtroom
  • Our team is available to take your call 24/7 – day or night


Don't Just Take Our Word For It
  • “Richard J Suzuki is an outstanding lawyer, extremely professional and responsive. If there was every any question my family or I had Richard was able to answer almost instantly. He was able to get a ...”

    - Rosa
  • “Despite my fears, Matt not only maintained his composure and professional demeanor, but he also helped calm me down and bring me back down to earth.”

    - Karen
  • “Richard is an outstanding lawyer and a genuine person. I can't explain how grateful we are that he was put in our path.”

    - Anna B.
  • “Richard took charge of my case firmly and confidently and he guided me through what could have been a harrowing experience with life-changing and disastrous results with relative ease.”

    - Steve B.
  • “Richard and his highly knowledgeable, professional staff provided me, my wife, and my family a measure of comfort and support that I would not have predicted possible under the circumstances.”

    - Brian P.