Marijuana DUI Arizona

Driving under the influence (DUI) of marijuana in Arizona is a complex legal issue, particularly following the legalization of recreational cannabis. Despite the legal status of marijuana use, operating a vehicle while impaired by its effects remains a criminal offense under Arizona law. You should seek Arizona DUI legal advice from an experienced marijuana DUI defense lawyer to strongly defend your rights and freedom.  

Arizona’s Marijuana DUI Laws

Legal Framework

In Arizona, marijuana-related DUI offenses are governed by Arizona Revised Statutes (A.R.S.) §28-1381(A)(1) and §28-1381(A)(3). Under §28-1381(A)(1), it’s unlawful for any person to drive or be in actual physical control of a vehicle while “impaired to the slightest degree” by any drug, alcohol, or vapor-releasing substance. 

This includes marijuana, whether used recreationally or medicinally. Notably, Arizona’s threshold for impairment is exceptionally low. Impairment to any degree may support a DUI charge, even without erratic driving or obvious intoxication.

Section §28-1381(A)(3) separately criminalizes driving with any amount of a drug listed in A.R.S. §13-3401, or its metabolite, in the driver’s body. Marijuana and its psychoactive component, delta-9-tetrahydrocannabinol (THC), are included in this list.

This statute traditionally allowed for per se DUI charges based solely on the presence of THC or its metabolites, regardless of whether the individual was actually impaired at the time of driving.

Impact of Legalization

With the passage of Proposition 207 in November 2020, adult recreational marijuana use became legal in Arizona. However, legalization didn’t alter the state’s strict DUI statutes. Importantly, Proposition 207 includes a provision clarifying that legalization doesn’t permit a person to drive while impaired by marijuana.

A pivotal 2024 Arizona Court of Appeals decision further refined the legal standard by holding that the presence of THC alone isn’t enough to sustain a DUI conviction or administrative penalties, such as license suspension. Prosecutors must now show actual impairment, supported by observational evidence or field sobriety testing, to convict a person of marijuana DUI.

Arizona Marijuana DUI Penalties

Arizona imposes stringent penalties for DUI offenses, including those involving marijuana:

First Offense (Class 1 Misdemeanor)

• Minimum of 10 consecutive days in jail; 9 days may be suspended upon completion of drug screening and education programs
• Fines and assessments totaling approximately $1,250 or more
• 90-day driver’s license suspension; restricted driving privileges may be available after the first 30 days
• Possible installation of an ignition interlock device
• Mandatory drug education or treatment programs

Second Offense (Within 84 Months)

• Minimum of 90 days in jail; 30 days must be served consecutively
• Fines and assessments totaling approximately $3,000 or more
• One-year driver’s license revocation
• Installation of an ignition interlock device
• Community service requirements

Aggravated DUI (Felony)

• Applies if driving on a suspended license, a third DUI offense within 84 months, or driving with a passenger under 15 years old
• Class 4 felony charges, leading to longer prison sentences and more severe penalties

It’s important to note that while alcohol-related DUIs have a defined blood alcohol concentration (BAC) limit of 0.08%, there’s no equivalent legal limit for THC in Arizona. Therefore, impairment must be demonstrated through behavioral evidence and field sobriety tests.

Challenges in Determining Impairment

Unlike alcohol, THC levels in the bloodstream don’t correlate directly with impairment. THC can remain detectable in the body long after its psychoactive effects have subsided, leading to potential legal complications. This lack of correlation makes it challenging to establish impairment solely based on blood tests.

Law enforcement officers rely on field sobriety tests and behavioral observations to assess impairment. However, these methods are subjective and can be influenced by various factors, including medical conditions and nervousness during traffic stops.

Implications for Medical Marijuana Patients

Medical marijuana patients in Arizona aren’t exempt from DUI laws. Even with a valid medical marijuana card, individuals can be charged with a DUI if they’re found to be impaired while driving. However, the presence of THC alone, without evidence of impairment, is insufficient for a conviction.

Patients should be aware of how their medication affects their ability to operate a vehicle and should avoid driving if they feel impaired.

Legal Complexities and Recent Rulings in Arizona Marijuana DUI Cases

Marijuana DUI cases in Arizona continue to evolve under a legal framework shaped by the Arizona Supreme Court, lower courts, and shifting legislation. Despite the legalization of recreational cannabis and the protections offered under the Arizona Medical Marijuana Act (AMMA), drivers remain subject to DUI laws when impaired to the slightest degree.

The Arizona Supreme Court has clarified that consuming marijuana, even with a doctor’s prescription or valid prescription, does not provide immunity from prosecution if the driver is impaired at the time of the incident. This standard means that driving under the influence of marijuana—whether through recreational use or for medical reasons—can still result in a DUI conviction if the prosecution proves that the person’s driving ability was compromised.

One of the most debated legal thresholds is impairment to the slightest degree, a concept that places a heavy burden on defendants. Law enforcement may cite slurred speech, poor coordination, or even subjective behaviors during traffic stops. If a blood or breath test reveals THC, prosecutors might still pursue charges, even if the marijuana in your system resulted from use days prior. However, THC’s long detection window challenges traditional DUI metrics, especially when dealing with marijuana DUI convictions that lack clear signs of functional impairment.

In cases involving a first marijuana DUI, even a small mistake—such as driving after using cannabis without feeling impaired—can result in serious criminal charges, a criminal record, potential jail time, and significant court costs. Charges may escalate in Maricopa County or other jurisdictions known for aggressive prosecution.

In some situations, drivers may raise an affirmative defense by demonstrating that they legally possess marijuana for medical purposes and were not impaired while driving. However, being under the influence of marijuana without impairment is not always sufficient to avoid penalties. This is especially true in drug DUI cases where the presence of other substances or a combination of intoxicating liquor, a toxic substance, or prescription drug may complicate the defense.

Ultimately, each case requires a thorough investigation. Police officers may rely heavily on non-scientific observations or flawed breath test results. At the Law Office of Trevor Hill, we defend clients with tailored strategies that highlight the lack of clear standards, misuse of chemical evidence, and the ambiguous nature of proving someone was impaired to the slightest extent. The goal is to prevent unjust convictions and minimize consequences that can last up to six months or longer.

Potential Defenses Our Arizona Marijuana DUI Attorney, Trevor Hill, May Use

Lack of Actual Impairment

One of the most powerful defenses in a marijuana DUI case is demonstrating that the defendant wasn’t impaired at the time of driving. Arizona Revised Statutes §28-1381(A)(1) requires actual impairment “to the slightest degree.” However, mere presence of THC or its metabolites in the system isn’t enough to prove a violation.

At the Law Office of Trevor Hill, our Arizona marijuana DUI attorney may assert:

• THC metabolites can linger in the body for days or even weeks after marijuana use, long after any intoxicating effects have subsided.
• A person may test positive even though they were completely sober and unimpaired while driving.
• There were no signs of erratic driving, delayed responses, or coordination issues that would suggest impairment.

Attorney Trevor Hill may use expert toxicologists and forensic chemists to explain the science of marijuana metabolism and challenge the prosecution’s implication that the defendant was impaired.

No Probable Cause for the Traffic Stop

For a DUI arrest to be lawful, the initial traffic stop must be supported by reasonable suspicion of criminal activity or a traffic violation. If police lacked lawful grounds to initiate the stop, the entire case may be suppressed.

Marijuana DUI defense attorney Trevor Hill may argue:

• The officer’s reasons for the stop were pretextual or based on generalized suspicion.
• There was no legitimate traffic infraction, such as swerving, speeding, or running a red light.
• Any subsequent discovery of marijuana or impairment indicators occurred after an unlawful seizure, violating the Fourth Amendment.

If the stop lacked legal justification, key evidence such as field sobriety test results or chemical tests may be excluded from the trial.

Flawed or Inconclusive Field Sobriety Tests

Field Sobriety Tests (FSTs) are often used to detect alcohol-related impairment, but they’re less reliable for marijuana intoxication. These tests aren’t standardized for THC impairment, and their validity in such contexts is widely debated.

Attorney Trevor Hill may challenge:

• The subjectivity of the officer’s interpretation of test results
• A lack of scientific basis for using traditional FSTs, such as the walk-and-turn or horizontal gaze nystagmus, to detect cannabis impairment
• Environmental factors (poor lighting, uneven surfaces) or medical conditions that could explain poor performance

Through cross-examination and expert testimony, attorney Hill may discredit the FSTs as non-indicative of impairment.

Inaccurate Chemical Testing

Arizona law enforcement may rely on blood or urine tests to detect THC or its metabolites. However, chemical testing isn’t always accurate or properly administered. Trevor Hill will carefully analyze every aspect of how samples were collected, stored, and analyzed.

Potential issues that may be raised include:

• Improper storage or contamination of the blood sample
• Chain of custody errors, making it unclear whether the tested sample belonged to the defendant
• Unreliable testing methods or the use of outdated equipment
• Detection of inactive metabolites like carboxy-THC, which don’t cause impairment but can still appear in toxicology reports

Trevor Hill may bring in forensic experts to scrutinize the test results and demonstrate that the chemical evidence doesn’t prove impairment beyond a reasonable doubt.

Lawful Medical Marijuana Use

Arizona’s Medical Marijuana Act (AMMA) allows for the legal use of cannabis for qualifying medical conditions. Trevor Hill may raise this as a defense, especially if the defendant holds a valid medical marijuana card.

Important legal considerations:

• AMMA doesn’t exempt a person from DUI laws, but it can provide context for the presence of THC.
• A patient may have residual THC in their system from legal medical use, not recent impairment.
• Courts have increasingly acknowledged that cardholders shouldn’t be automatically presumed impaired.

Attorney Hill will argue that medical use doesn’t equal impairment, and that prosecutors must still prove actual functional impairment under §28-1381(A)(1).

Violation of Constitutional Rights

If law enforcement violated the defendant’s constitutional rights during the arrest, questioning, or search, Trevor Hill may file motions to suppress any resulting evidence.

Common violations include:

• Unlawful search and seizure without a warrant or probable cause
• Failure to read Miranda rights, resulting in the unlawful admission of statements
• Detaining the defendant too long without probable cause or arresting based on insufficient grounds

By suppressing unlawfully obtained evidence, our defense lawyer can weaken the prosecution’s case.

Our Marijuana DUI Arizona Lawyer Is Ready to Defend Your Freedom 

At the Law Office of Trevor Hill, our criminal defense services and strategies are never “one-size-fits-all.” We pursue a personalized approach based on the facts, scientific data, and legal nuances of your case.

Key steps Arizona marijuana DUI attorney Trevor Hill takes:

• Conducts a thorough review of police reports, lab results, and bodycam footage.
• Consults with trusted experts to analyze the scientific evidence.
• Prepares detailed legal motions to challenge weak or unconstitutional aspects of the case.
• Develops a compelling narrative for trial that emphasizes doubt and scientific ambiguity.

With Trevor Hill’s deep experience in criminal defense, clients gain a powerful advocate who knows how to push back against unjust marijuana DUI charges and protect their freedom. To schedule your free consultation, call us 24/7 at 520-231-2814 or contact us online.