How to Beat a Marijuana DUI in Arizona: Your Legal Defense Guide
Driving under the influence (DUI) of marijuana in Arizona is a serious offense, and while the legalization of recreational marijuana has relaxed certain laws, it has not changed the state’s strict stance on impaired driving. Arizona law still makes it illegal to drive while under the influence of any drug, including marijuana, if it impairs your ability to operate a vehicle safely. If you are charged with a marijuana DUI, you may be facing severe penalties, including fines, license suspension, and even jail time.
However, defending a marijuana DUI in Arizona involves several complexities. Unlike alcohol-related DUIs, marijuana DUIs don’t rely on clear-cut limits like blood alcohol concentration (BAC). This opens the door for a range of potential defenses that can challenge the prosecution’s case. At Tamou Law Group, we specialize in defending DUI cases and are here to help you fight marijuana DUI charges.
Here’s how you can build a defense and potentially beat a marijuana DUI charge in Arizona.
Understanding Arizona’s Marijuana DUI Laws
In Arizona, it is illegal to drive if marijuana impairs your ability to drive to the slightest degree. Under Arizona Revised Statutes § 28-1381, a driver can be charged with a DUI if:
- They are impaired by marijuana to the slightest degree while operating a vehicle.
- They have any detectable amount of marijuana or its metabolites in their system while driving.
Even if you have a valid medical marijuana card, you can still be charged with DUI if the prosecution can prove that you were impaired while driving. Unlike alcohol, where a specific BAC threshold (0.08%) is used to determine impairment, marijuana DUIs rely on more subjective measures, such as field sobriety tests and the presence of marijuana in your system.
How Marijuana DUIs are Proven
To prove a marijuana DUI, the prosecution must establish two key elements:
- Presence of Marijuana in the System: This is usually done through blood tests showing the presence of THC or its metabolites. THC is the psychoactive component of marijuana, while metabolites are the byproducts that remain in your system after marijuana use.
- Impairment: The prosecution must also demonstrate that you were impaired by the marijuana at the time of driving. This is typically done through observations of driving behavior, field sobriety tests, or witness statements.
The challenge for the prosecution is proving actual impairment. THC can remain in a person’s system long after the effects have worn off, meaning a positive drug test does not necessarily indicate that you were impaired while driving.
Defenses to a Marijuana DUI in Arizona
There are several ways to beat a marijuana DUI in Arizona. A successful defense will focus on challenging the evidence, the methods used by law enforcement, or demonstrating that the prosecution cannot prove impairment beyond a reasonable doubt. Here are the most effective defenses that our attorneys at Tamou Law Group can employ:
- Challenging the Blood Test Results
Blood tests are commonly used to detect the presence of THC or its metabolites. However, these tests have several flaws:
- THC detection does not prove impairment: Unlike alcohol, THC can stay in your bloodstream for days or even weeks after use, long after any impairment has worn off. A positive THC result does not necessarily mean you were impaired at the time of driving.
- Metabolites aren’t proof of impairment: The presence of non-psychoactive metabolites (like THC-COOH) only indicates past use, not current impairment. Arizona courts have recognized that metabolites alone are insufficient to prove impairment (State v. Harris, 2014).
- Errors in testing procedures: Blood tests must be properly administered and processed. Any mistakes in the collection, handling, or testing of your blood sample can lead to inaccurate results. An experienced DUI attorney can challenge the reliability of the test or seek to have the results suppressed.
- Questioning the Validity of Field Sobriety Tests
Field sobriety tests (FSTs) are often used to evaluate impairment, but these tests are designed for alcohol impairment, not marijuana. FSTs are highly subjective, and various factors can affect their reliability, including:
- Medical conditions (balance issues, injuries, etc.)
- Fatigue or nervousness during the test
- Poor weather conditions or uneven surfaces
If you failed a field sobriety test, your attorney may argue that the test was improperly administered or that its results do not accurately reflect marijuana impairment.
- Challenging the Traffic Stop
In order to pull you over, law enforcement must have reasonable suspicion that you were violating a traffic law or were impaired. If the officer did not have reasonable suspicion to make the initial stop, any evidence obtained afterward (such as a blood test or field sobriety test) can be suppressed.
By reviewing dashcam footage, officer statements, and other evidence, your attorney can challenge whether the stop was lawful. If the stop was unlawful, the entire case may be dismissed.
- Proving Lack of Impairment
Even if you have THC in your system, the prosecution still has the burden of proving that you were actually impaired while driving. Without strong evidence of erratic driving, dangerous behavior, or failure in field sobriety tests, the prosecution may struggle to prove impairment beyond a reasonable doubt.
Your attorney may argue that the level of THC in your system was too low to cause impairment or that your driving behavior was not indicative of impairment. Witness testimony or video footage of your driving can also be used to challenge claims of impairment.
- Medical Marijuana Defense
If you have a valid medical marijuana card, you are legally allowed to use marijuana in Arizona. While this does not give you the right to drive while impaired, it can serve as part of your defense to explain why you had THC in your system. Your attorney can argue that you were not impaired at the time of driving and that the marijuana was used legally for medical purposes.
- Inaccuracies in Officer Observations
Police officers often rely on their observations of a driver’s behavior to claim impairment. However, these observations are subjective and can be influenced by factors such as:
- Nervousness or anxiety during the stop
- Fatigue or illness
- Other physical conditions that could mimic signs of impairment (such as bloodshot eyes or delayed speech)
An experienced DUI attorney can cross-examine the arresting officer and challenge the accuracy of their observations, particularly if there is little other evidence of impairment.
Can You Get a Marijuana DUI Reduced to Reckless Driving?
In some cases, a marijuana DUI charge can be reduced to reckless driving, which is a far less severe offense. This is often achieved through negotiating a plea deal with the prosecutor, especially if the evidence of impairment is weak or there were no aggravating factors, such as a high THC level or erratic driving. Reckless driving charges carry lower penalties, including reduced fines, shorter license suspensions, and no requirement for an ignition interlock device. At Tamou Law Group, our attorneys have successfully negotiated reductions from marijuana DUI to reckless driving by highlighting flaws in the prosecution’s case and advocating for our clients’ best interests. This reduction can significantly lessen the impact on your criminal record and your future.
Why You Need an Experienced DUI Lawyer
Fighting a marijuana DUI charge in Arizona is not easy, but it is possible with the right legal strategy. The complexity of DUI laws, combined with the subjective nature of marijuana impairment, means that having an experienced DUI lawyer on your side is crucial. At Tamou Law Group, our attorneys are skilled in identifying weaknesses in the prosecution’s case and challenging the evidence against you.
Contact Tamou Law Group for Your Marijuana DUI Defense
If you’ve been charged with a marijuana DUI in Arizona, don’t leave your future to chance. Contact Tamou Law Group today at 623-321-4699 for a free consultation. Our experienced Tucson DUI lawyers will evaluate your case, explain your legal options, and help you build a strong defense to fight the charges.
