How Do Cops Test for Weed in a DUI? Arizona Process, ARS 28-1381
Stopped after using marijuana? There is no breathalyzer for weed, so Arizona officers build a DUI under A.R.S. § 28-1381 from what they see, your answers, field sobriety tests, a drug recognition evaluation and a blood draw. Your own statement about when you last used is the State’s best evidence. Call before you answer questions.
As Seen On

Recognized By
Featured Answer
How Do Cops Test for Weed in a DUI?
How do cops test for weed? In a DUI stop they combine observations, field sobriety tests and a blood test, because no breathalyzer detects marijuana. An Arizona officer looks for signs of use, runs the walk-and-turn and one-leg stand, may call a Drug Recognition Expert, then obtains a blood sample a lab tests for THC.
- At the stop: driving pattern, odor, eye appearance, speech and any admission about recent use.
- Field sobriety tests: walk-and-turn, one-leg stand and nystagmus, designed for alcohol and used anyway.
- A Drug Recognition Expert runs a twelve-step evaluation of eyes, balance, vital signs and pupils.
- A blood draw under Arizona implied consent, analyzed by a crime lab for THC and its metabolites.
In layers, because there is no single roadside instrument for marijuana the way there is for alcohol. An Arizona officer who suspects cannabis builds the case from what they see and smell at the window, what you say, how you perform on the standardized field sobriety tests, what a Drug Recognition Expert records in a twelve-step evaluation at the station, and finally what a crime lab finds in your blood. Each layer is designed to support the next, and each one can be challenged.
The reason the process looks this way is the statute. A.R.S. § 28-1381(A)(1) makes it a DUI to drive while impaired to the slightest degree by any drug, which the State proves with the officer’s and the DRE’s observations. § 28-1381(A)(3) makes it a DUI to drive with a listed drug or its impairing metabolite in your body, which the State proves with the blood test. Officers collect evidence for both counts at once. Our Arizona drug DUI defense page explains the two charges and their penalties.
What Do Officers Look For at the Stop?
The report will begin with the driving: weaving, slow reaction to a light, drifting speed, a wide turn. Then the contact: the odor of burnt or raw marijuana, red or bloodshot eyes, eyelid tremors, a green coating on the tongue, slowed speech, and any paraphernalia or product in view. Then the admissions. “I smoked earlier today” or “it was last night” is the single most damaging thing an officer can write down, because it supplies the element of recent use that the physical signs only suggest. You are not required to answer questions about drug use, and a clean breath result does not help you if you have already described when you last used.
You must provide your license, registration and proof of insurance. You do not have to answer whether you have used marijuana, when, or how much. Those answers become the State’s proof of recent use.
Do Field Sobriety Tests Work for Marijuana?
They were not designed for it. The three standardized tests, horizontal gaze nystagmus, walk-and-turn and one-leg stand, were validated by NHTSA to predict blood alcohol concentration, not THC. Officers give them in marijuana stops anyway and score the same clues. The nystagmus test is the clearest example of the mismatch: the involuntary eye jerking it detects is a sign of alcohol and depressants, and the drug recognition matrix itself lists nystagmus as absent for cannabis. An officer who writes that you showed six of six nystagmus clues after smoking marijuana has either observed something cannabis does not cause or scored the test wrong.
The balance and divided-attention tests are more defensible for the State, but they measure coordination, nerves, footwear, road surface and fatigue as much as impairment. The instructions must be given word for word and demonstrated, the surface must be level and lit, and the scoring must follow the manual. Body-camera footage of the test is the first thing we request, because the report and the video frequently disagree.
What Is a Drug Recognition Expert Evaluation?
A DRE is a police officer certified under the Drug Evaluation and Classification Program, run nationally by the International Association of Chiefs of Police with NHTSA. When the arresting officer suspects drugs rather than alcohol, a DRE conducts a twelve-step evaluation, usually at the station, to form an opinion about which category of drug is causing impairment. The steps are:
- A breath alcohol test, to rule alcohol in or out
- An interview of the arresting officer
- A preliminary examination and first pulse
- Eye examinations: horizontal and vertical gaze nystagmus and lack of convergence
- Divided-attention tests: modified Romberg balance, walk-and-turn, one-leg stand, finger-to-nose
- Vital signs and second pulse: blood pressure, temperature
- Dark-room pupil measurements under three lighting conditions
- Muscle tone
- Check for injection sites and third pulse
- Statements and interrogation
- The DRE’s opinion
- Toxicology: the blood sample
For cannabis, the DRE matrix expects lack of convergence, dilated pupils and an elevated pulse and blood pressure, with no nystagmus and normal muscle tone. The evaluation is an opinion built on a checklist, not a chemical measurement, and the opinion is only as good as the technique. We review the face sheet and the DRE’s rolling log, compare the pulse and pupil readings to the normal ranges on the DRE’s own chart, and look for steps skipped or run out of order.
How Does the Blood Test Work?
Under Arizona’s implied consent law, A.R.S. § 28-1321, a driver arrested for DUI has consented to a test of blood, breath, urine or other bodily substance. For marijuana the test is blood. If you refuse, the MVD imposes a separate suspension and the officer applies for a telephonic search warrant, which in Maricopa County is typically granted within minutes. The draw must be performed by a physician, registered nurse or other qualified person under A.R.S. § 28-1388; many agencies use officers trained as phlebotomists.
The sample goes to a crime laboratory, which reports delta-9 THC, 11-hydroxy-THC and carboxy-THC in nanograms per milliliter. Only the first two can support the drug-in-body charge: the Arizona Supreme Court held in State ex rel. Montgomery v. Harris (2014) that carboxy-THC, the inactive metabolite that lingers for days or weeks, cannot. What those numbers mean, and why Arizona has no numeric cutoff, is the subject of our article on the legal limit for THC while driving in Arizona.
Do Arizona Police Use Saliva Tests for Weed?
Rarely, and never as the evidence that convicts. Some agencies have experimented with roadside oral-fluid swabs that screen for several drug classes. A swab is a screening tool: a positive result gives the officer a reason to proceed to a blood draw, not a measurement a prosecutor can present as proof of concentration. The implied consent statute’s reference to “other bodily substance” would cover saliva, but in practice the chemical evidence in an Arizona marijuana DUI is blood. If a swab was used in your stop, its result, the device and the officer’s training with it become part of the defense review.
Where Does Marijuana DUI Testing Go Wrong?
In predictable places. The stop itself may lack reasonable suspicion. The odor of marijuana, which has been legal for adults to possess since 2020, is a weaker basis for extending a stop than it was before. Field sobriety tests get given on a slope, in the dark, in sandals, with instructions paraphrased. The DRE skips a step or records a pulse within the normal range and calls it elevated. The blood draw happens two hours after the stop, long enough for active THC to fall or, after certain patterns of use, to be unrepresentative of the level while driving. The vial sits in a hot patrol car. The lab’s uncertainty figure swallows the margin the prosecutor needs.
The State must prove impairment at the time of driving, or active THC in your body at the time of driving. Every test described above is taken afterward, sometimes hours afterward. The gap between the stop and the measurement is the space in which marijuana DUI cases are won. See our overview of how marijuana DUI cases are beaten in Arizona.
The Experts We Bring to the Table
Each layer of a marijuana DUI investigation has a specialist who can take it apart.
DRE Protocol Consultants
The Twelve-Step Evaluation
Former drug recognition instructors audit the DRE’s face sheet and rolling log for skipped steps, misread vitals and conclusions the recorded signs do not support.
Forensic Toxicologists
Blood Results and Timing
Independent toxicologists explain what the THC concentration means for the moment you were driving, and audit the lab’s method, calibration and uncertainty budget.
Video Forensics Examiners
Body Camera vs. the Report
Examiners synchronize body-camera and dash-camera footage with the written report to show how the field tests were actually given, timed and scored.
Criminal Defense Investigators
The Stop and the Surface
Licensed investigators photograph and measure the location of the field tests, confirm lighting and grade, and interview passengers about the driving and the timeline.
Laboratory Analysts
Chain of Custody
Independent analysts trace the blood vial from the draw through storage and transfer to the instrument, and review the chromatograms behind the one-page result.
SFST Instructors
Field Sobriety Tests
Certified standardized field sobriety test instructors evaluate whether the tests were administered and scored according to the NHTSA manual the officer was trained on.
How Tamou Law Group Defends a Marijuana DUI
Pre-charge advocacy. The blood result takes weeks. We use that time to lock down the body-camera footage, dispatch logs and warrant affidavit, and to request the lab’s complete data package before the one-page report is all anyone has seen. Our Phoenix DUI lawyers start that work the day you call.
Disclosure strategy. We demand the DRE’s face sheet and rolling log, the officer’s SFST and DRE training records, the oral-fluid device records if one was used, and the chromatograms, calibration and chain-of-custody log for the blood sample. Marijuana DUI cases are lost by the State in those records far more often than at the roadside.
Plea and collateral analysis. If the blood shows only carboxy-THC, we move to dismiss the (A)(3) count under Harris. If you hold a medical marijuana card, we build the affirmative defense recognized in Dobson v. McClennen. Where a plea is the right outcome, we negotiate it with the suppression motion and a toxicology report on the table, and we explain the MVD, interlock and record consequences before anything is signed. What a first conviction involves is covered in our guide to a first drug DUI in Arizona.
Awards & Recognition
Our recognition for Phoenix criminal defense defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix criminal defense lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors, public defenders, and law enforcement.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Why Tamou Law Group for DUI Charges
A DUI case in Arizona is decided by the stop, the test and the deadlines, not by the arrest report. We handle it as a science case and a procedure case at the same time, from the first MVD deadline through trial.
DUI-specific credentials
Michael Tamou is a member of the National College for DUI Defense and the DUI Defense Lawyers Association, the two national organizations devoted to breath, blood and field-sobriety science. That training is what lets us cross-examine a gas chromatography result instead of accepting it.
Both sides of the courtroom
Our team includes former prosecutors and law enforcement officers who have built DUI cases for the State. They know what a DUI unit has to document, what it skips when it is busy, and where a case breaks when the paperwork does not match the body camera.
Volume that matters
Michael handled roughly 500 cases a year at the public defender’s office, against the 50 to 60 a typical attorney sees. A DUI defense built on that volume knows which plea offers are policy and which are negotiable in Maricopa County courts.
Published results in this area
- State v. U.P., DUI and Extreme DUI (A.R.S. 28-1381, 28-1382): Reduced charge
- State v. M.C., Extreme DUI and driving on a suspended license (28-1382, 28-3473): Probation, no jail
- State v. L.S., Aggravated DUI and suspended license (28-1383, 28-3473): Probation, no jail
- State v. L.N., Aggravated DUI and unlawful flight (28-1383, 28-622.01): Probation, no jail
- State v. C.W., DUI and leaving the scene of an accident (28-1381, 28-661): Reduced charge
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
Frequently Asked Questions
How do cops test for weed in a DUI?
Through observations, field sobriety tests, a drug recognition evaluation and a blood test. No breathalyzer detects marijuana, so an Arizona officer builds the case from signs of use at the stop, performance on the walk-and-turn and one-leg stand, a DRE’s twelve-step evaluation, and a lab analysis of blood for THC and its metabolites.
Can police tell if you are high during a traffic stop?
They form an opinion, not a measurement. Officers rely on odor, eye appearance, speech, admissions about use and field sobriety test performance. A Drug Recognition Expert adds pulse, blood pressure, pupil size and eye convergence. None of these measures THC, and each can be caused by nerves, fatigue, allergies or medical conditions.
Do I have to do field sobriety tests in Arizona?
No. Field sobriety tests are voluntary in Arizona and refusing them carries no license penalty, unlike refusing a chemical test. Refusal can still be described in court. Most defense lawyers advise politely declining the roadside tests, since they were designed for alcohol and produce clues a sober person can show.
What is a Drug Recognition Expert?
A police officer certified through the Drug Evaluation and Classification Program to run a standardized twelve-step evaluation after a drug DUI arrest. The DRE checks eyes, balance, vital signs, pupils and muscle tone, then gives an opinion about the drug category involved. The opinion is later compared to the blood result.
Does the smell of weed give police probable cause in Arizona?
Odor alone is weaker evidence than it was before adult possession became legal in 2020, because the smell of lawfully possessed marijuana does not show a crime. Odor combined with driving behavior, physical signs and admissions can still support an investigation. Whether the stop was lawfully extended is one of the first issues we examine.
Can I refuse the blood test after a marijuana DUI arrest?
You can, but under A.R.S. 28-1321 a refusal triggers a separate MVD license suspension, and officers typically obtain a telephonic search warrant for blood within minutes. The draw then proceeds under A.R.S. 28-1388. Refusal rarely prevents the test and adds an administrative penalty to the criminal case.
How long after smoking can a blood test detect THC?
Active delta-9 THC usually drops sharply within a few hours of smoking, though frequent users can carry low levels longer. The inactive metabolite carboxy-THC is detectable for days or weeks. In Arizona only active THC or hydroxy-THC supports the drug-in-body charge, after State ex rel. Montgomery v. Harris (2014).
Can I be convicted of a marijuana DUI without a blood test?
Yes, on the impairment charge under A.R.S. 28-1381(A)(1). The State can rely on driving behavior, physical signs, admissions, field sobriety tests and a DRE opinion to argue impairment to the slightest degree. Without a blood result the case is weaker, and the drug-in-body charge under (A)(3) cannot be proven at all.
What should I do if I am stopped after using marijuana?
Provide your license, registration and insurance, and decline to answer questions about drug use. Politely decline field sobriety tests. If arrested, do not refuse the chemical test without understanding the MVD suspension that follows, and ask to call a lawyer. Say nothing about when you last used; that statement is the State’s proof of recent use.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
(function() {
function customizeConsultForm() {
var form = document.querySelector('#consult-form');
if (!form) return false;
var fields = form.querySelectorAll('.gfield');
var emailField = null;
var didWork = false;
fields.forEach(function(field) {
var label = field.querySelector('.gfield_label, label');
if (!label) return;
var labelText = (label.textContent || '').trim().toLowerCase();
if (labelText.indexOf('best way to reply') !== -1 || labelText.indexOf('preferred contact') !== -1) {
field.classList.add('tlg-hide-field');
field.querySelectorAll('input').forEach(function(input) {
input.checked = false;
input.removeAttribute('required');
});
didWork = true;
}
if (labelText.indexOf('email') !== -1) {
emailField = field;
field.classList.add('tlg-email-required');
field.querySelectorAll('input[type="email"], input[type="text"]').forEach(function(input) {
input.setAttribute('required', 'required');
input.setAttribute('aria-required', 'true');
});
didWork = true;
}
});
var gform = form.tagName === 'FORM' ? form : (form.querySelector('form') || form.closest('form'));
if (!gform) gform = document.querySelector('#consult-form form, form[id^="gform_"]');
if (gform && !gform.dataset.tlgSourceBound) {
gform.dataset.tlgSourceBound = '1';
var pageUrl = window.location.href;
var pageTitle = document.title || 'Phoenix White Collar Defense Lawyers';
var pagePath = window.location.pathname;
var sourceTag = '[Source: ' + pageTitle.replace(/\s*[,|].*$/, '') + ' | ' + pagePath + ']';
['source_page', 'page_url', 'lander_url'].forEach(function(name) {
var h = document.createElement('input');
h.type = 'hidden';
h.name = name;
h.value = pageUrl;
gform.appendChild(h);
});
var hp = document.createElement('input');
hp.type = 'hidden';
hp.name = 'source_path';
hp.value = pagePath;
gform.appendChild(hp);
function findMessageField() {
var match = null;
form.querySelectorAll('.gfield').forEach(function(field) {
var label = field.querySelector('.gfield_label, label');
if (!label) return;
var t = (label.textContent || '').trim().toLowerCase();
if (t.indexOf('message') !== -1 || t.indexOf('comment') !== -1 || t.indexOf('detail') !== -1 || t.indexOf('describe') !== -1 || t.indexOf('tell us') !== -1 || t.indexOf('your story') !== -1) {
match = field.querySelector('textarea, input[type="text"]');
}
});
if (!match) match = form.querySelector('textarea');
return match;
}
function prependSource() {
var textarea = findMessageField();
if (textarea && textarea.value.indexOf('[Source:') === -1) {
textarea.value = sourceTag + '\n\n' + (textarea.value || '');
}
}
gform.addEventListener('submit', prependSource, true);
var submitBtns = gform.querySelectorAll('input[type="submit"], button[type="submit"], .gform_button');
submitBtns.forEach(function(btn) {
btn.addEventListener('click', function() {
setTimeout(prependSource, 0);
prependSource();
}, true);
});
}
var submitBtn = form.querySelector('input[type="submit"], button[type="submit"]');
if (submitBtn && emailField && !submitBtn.dataset.tlgBound) {
submitBtn.dataset.tlgBound = '1';
submitBtn.addEventListener('click', function(e) {
var emailInput = emailField.querySelector('input[type="email"], input[type="text"]');
if (emailInput && !emailInput.value.trim()) {
e.preventDefault();
emailInput.focus();
emailInput.style.borderColor = '#c62828';
emailInput.style.boxShadow = '0 0 0 3px rgba(198,40,40,.15)';
}
});
}
return didWork;
}
if (document.readyState === 'loading') {
document.addEventListener('DOMContentLoaded', customizeConsultForm);
} else {
customizeConsultForm();
}
var attempts = 0;
var interval = setInterval(function() {
attempts++;
var done = customizeConsultForm();
if (done || attempts > 10) clearInterval(interval);
}, 500);
})();






