Have you been Arrested for a Arizona Marijuana DUI?

If you have been arrested for an Arizona Marijuana DUI due to having marijuana in your system, it is highly (no pun intended) recommended that you seek the services of an Arizona Marijuana DUI attorney. Why, you ask? It’s simple: Consuming (smoking) marijuana DOES NOT necessarily mean you are impaired. There have been no reliable studies linking field sobriety tests to marijuana impairment. Although driving while impaired is illegal, and Arizona laws have statutes that can be used to attempt to convict you of a marijuana DUI, that doesn’t mean you automatically fall into that category of offenses.

Many of our clients ask whether arguing that marijuana is legal is a sufficient defense. The answer is NO. Think of it this way: Alcohol is legal, but that doesn’t mean you can drink and drive.

To help you understand this better, we will take a deeper look into the law, how it works, where to find it, and how Arizona Marijuana DUI Attorney Michael Tamou can help you beat your case.

Let’s roll! (No pun intended).

Arizona Marijuana Laws in General

The legal status of marijuana in Arizona has evolved significantly over the past few decades. Medical marijuana was first legalized with the passage of Proposition 203 in 2010, making Arizona one of the states to allow its use for certain medical conditions. This law permitted registered qualifying patients to use marijuana without facing prosecution under state law.

In November 2020, Arizona voters approved Proposition 207, also known as the Smart and Safe Arizona Act, which legalized the recreational use of marijuana for adults over the age of 21. This law allows individuals to possess up to one ounce (28 grams) of marijuana, with no more than five grams being in the form of THC concentrate. Despite these advancements, marijuana remains a controlled substance under federal law, and its use can still lead to legal consequences, particularly when it comes to driving.

Current Types of Arizona Marijuana DUI(s)

Under Arizona Law, it really boils down to one statute and two subsections of that statute that the State will try to use to prove that you have marijuana impairment:

  • ARS 1381 (A)(1) – This is the “Impaired to the Slightest Degree” subsection.  Here, the State (prosecution) will try to argue that your impairment related to Marijuana can be shown no matter how much is in your system.  They usually do this by providing Field Sobriety Tests, Chemical Tests, and any aggravating circumstances.  This is the most simple because it the Prosecutor is basically trying to say, as long as you have it in your system, we got you on a Marijuana DUI.
  • ARS 1381 (A)(3) – This is the most used statute for purposes of Arizona Marijuana DUIs.  With this statute, the Prosecutor DOES NOT REQUIRE PROOF OF IMPAIRMENT.  This means that even if the driver is NOT visibly impaired, the fact that you have THC metabolites in your system is enough to result in a DUI Charge.  This DOES apply to both Recreational users and Medical Marijuana patients.  This can be brought even if you try to use the Arizona Medical Marijuana Act to your defense.
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The Science Behind Arizona Marijuana DUI and THC Impairment

THC affects the brain’s function, altering perception, coordination, and reaction time—all of which are critical for safe driving. The psychoactive effects of THC include impaired motor skills, delayed reaction times, and difficulties in maintaining focus and attention. These impairments can significantly increase the risk of accidents.

However, unlike alcohol, which has well-established and universally accepted impairment levels (e.g., a blood alcohol concentration of 0.08%), THC impairment is more challenging to quantify. THC affects individuals differently based on a variety of factors, including the method of consumption (smoking, edibles, etc.), the individual’s tolerance, and the time elapsed since consumption. This makes it crucial to have an Arizona Marijuana DUI Attorney who understands how to navigate these complexities in DUI cases involving marijuana.

Traditional field sobriety tests (FSTs), such as the horizontal gaze nystagmus (HGN) test, walk-and-turn test, and one-leg stand test, were developed to detect alcohol impairment. These tests are less reliable for detecting impairment due to THC. Scientific studies have shown that THC affects motor skills differently than alcohol, making FSTs less effective at identifying marijuana impairment.

In fact, the National Highway Traffic Safety Administration (NHTSA) has acknowledged the limitations of FSTs in detecting THC impairment. This has led to debates within the legal community about the admissibility and reliability of FST results in THC DUI cases. An experienced Arizona Marijuana DUI Attorney, like Michael Tamou, can help challenge these tests and build a strong defense, ensuring your rights are protected.

How Much Marijuana Can I Have in my System?

If you’re wondering what the magic number is regarding THC levels for purposes of an Arizona Marijuana DUI, the answer is, there isn’t one.  Arizona has not established a set level of nanograms of THC that has to be in your system in order to be considered “impaired”  unlike some States that have (e.g. Colorado).  Instead, Arizona relies on the presence of THC metabolites as evidence for DUI charges under A.R.S. 28-1381(A)(3).

This helps your case.  Given that we have no “per se” limit, scientific research has shown that THC levels in the blood cannot correlate consistently with impairment.  Essentially this means that prosecutors cannot just assume that because you have smoked marijuana and their are traces in your system, that you are driving under the influence while impaired.  Once again, It is NOT the same as alcohol.  This is because THC can remain in the bloodstream long after the psychoactive effects have worn off, particularly in regular users. This disconnect between THC levels and actual impairment complicates DUI prosecutions and defense strategies.  Getting an Arizona Marijuana DUI Attorney helps boast these defenses.  Lets move on to what kind of defenses we have used to win!

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What are the Penalties for Arizona Marijuana DUI Offenses?

If you are found to have been driving under the influence of Marijuana, regardless if it is ARS 1381(A)(1) or ARS 1381(A)(3), it would be considered a Class 1 misdemeanor.  In addition to the misdemeanor you would be facing the following:

  1. JAIL:  First time DUI sentences for Jail can be up to six months.  Generally speaking it would be a minimum of 10 days but an Arizona Marijuana DUI Attorney can help negotiate with the Prosecutor to get it down to 1 day.  This would require Alcohol/Drug Assessments.
  2. LICENSE SUSPENSION: This is mandatory.  There is no negotiation on this and it is for a 90 day period.  The first 30 days are absolutely no driving while the 60 days following can qualify for a restricted license.  This is NOT really apart of the criminal process as much as it is with the ADOT Hearing Office.  This CAN be fought depending on the circumstances.
  3. FINES: Court fines are generally going to be $2,000 + for a Arizona Marijuana DUI related offense.
  4. IGNITION INTERLOCK: With Marijuana DUI’s this IS NOT mandatory, but can be ordered by the presiding Judge. An Arizona Marijuana DUI Attorney will often argue it is not necessary because the interlock system does not detect Marijuana.
  5. POINTS/INSURANCE COSTS: Any DUI will add points to your drivers license record and likely require SR-22 Insurance which raises your insurance premiums.

Defense Strategies for Arizona Marijuana DUI Offfenses

  1. Challenging the Traffic Stop and Arrest: A critical aspect of defending against a Arizona Marijuana DUI charge is examining the circumstances of the traffic stop and arrest. Under Arizona law, a police officer must have reasonable suspicion to stop a vehicle and probable cause to make an arrest. If the initial stop or arrest was unlawful, the evidence obtained (including blood tests showing THC) may be suppressed.  Our Arizona Marijuana DUI Attorneys often challenge the officer’s observations and the basis for the stop. For example, if the stop was based solely on the smell of marijuana, the defense could argue that this is insufficient to establish reasonable suspicion or probable cause, especially in light of the legal status of marijuana in Arizona.
  2. Contesting Field Sobriety Test Result:  As mentioned earlier, FSTs are not reliable indicators of THC impairment. Tamou Law Group’s marijuana DUI attorneys can challenge the admissibility of FST results by questioning the scientific validity of using these tests to detect marijuana impairment. Additionally, we can argue that the results of FSTs are not sufficient to prove impairment beyond a reasonable doubt.
  3. Blood Test Results and Retesting: Blood tests are commonly used in Arizona Marijuana DUI cases to measure the concentration of THC in a driver’s system. However, as THC can remain in the bloodstream long after use, the presence of THC does not necessarily indicate impairment at the time of driving. Our defense attorneys may seek to have the blood retested by an independent laboratory to verify the accuracy of the results.  Moreover, the chain of custody and handling of the blood sample can be critical. Any break in the chain of custody or improper handling of the sample could result in the exclusion of the evidence.
  4. Use of Expert Witnesses: Expert testimony can play a vital role in defending against a THC DUI charge. Experts in toxicology can explain the limitations of THC blood tests, the effects of marijuana on driving, and the unreliability of FSTs for detecting THC impairment. By presenting scientific evidence, our defense can cast doubt on the prosecution’s case.
  5. Affirmative Defenses for Medical Marijuana Patients: Medical marijuana patients have an affirmative defense under Arizona law. If charged with a DUI under A.R.S. 28-1381(A)(3), a registered qualifying patient can argue that the presence of THC in their system was due to legal medical use and that the concentration was not sufficient to cause impairment.  However, this defense is not absolute. The patient must still rebut any evidence of impairment under A.R.S. 28-1381(A)(1). Therefore, it is crucial for medical marijuana patients to understand the risks of driving after using marijuana, even if they are within their legal rights to use it medicinally.  Regardless, the attorneys at Tamou Law Group argue these defenses on top of the rest in order to push for dismissal, reduced charges, or the absolute state minimums.

CRIMINAL DUI DEFENSE YOU CAN TRUST

Contact Us Today

At Tamou Law Group PLLC, we understand the stress and uncertainty that comes with facing DUI and traffic offense charges. Our experienced attorneys will guide you through the legal process and vigorously defend your rights.

If you or a loved one has been charged with a DUI or traffic offense in Arizona, contact us today at 623-321-4699 for a free consultation.