Phoenix DUI Lawyer Blog

AZ Marijuana DUI penalties carry a mandatory sentence that includes incarceration for at least 24 hours and not more than 6 months for a first-time offense. Penalties under AZ Marijuana DUI laws may also include fines, fees, drug counseling, probation, suspended drivers' license and other punishments.

Arizona Revised Statute (A.R.S.) 28-1381 (in pertinent part)

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. 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 the person is impaired to the slightest degree.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

D. A person using a drug, as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

Arizona has some of the toughest DUI, and DUI Marijuana laws in the Country. That is why if charged you will need to retain the best Arizona Marijuana DUI lawyer or Arizona Criminal Defense Attorney you can find to defend your case.

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AZ Marijuana DUI charges are considered very serious offenses. . If you are charged you should retain legal representation from an experienced Arizona DUI Lawyer, or Arizona Criminal Defense Attorney.

There are two types of Arizona marijuana DUI offenses. First, a person can be charged with an AZ DUI if operating a motor vehicle while "impaired to the slightest degree" including impairment due to marijuana. Secondly, a person violates AZ DUI laws when operating a vehicle with any trace of marijuana in his or her system as detected by "THC" this includes medical marijuana metabolites in bodily fluids.

"THC" is the abbreviation for Tetrahydrocannabinol which is the psychoactive compound in marijuana. In the case of an AZ Marijuana DUI, the police are looking for how much THC is found in a suspects urine. "THC" is Delta-9-tetrahydrocannabinol, which is the intoxicating ingredient in marijuana. THC is fairly quickly converted by the body into inert metabolites, which can stay in the body for hours or even days.

Arizona has a "zero tolerance" law enacted. This means that you are forbidden from driving if you have any detectable level of marijuana in your body, as indicated by the presence of THC metabolites. It is not necessary for the prosecution to prove that the presence of THC metabolites caused any impairment; just that it was present in your body.

You can be charged with an Arizona Marijuana DUI based just having the metabolite of a drug in your system, including pot. That means that if you smoked marijuana 12 days ago and stopped today, in Arizona, you can be charged with Marijuana DUI. Arizona has some of the toughest DUI Marijuana Laws in the country. For this reason,
You will need an experienced Arizona DUI Marijuana Attorney to defend your case.

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