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In the state of Arizona, it is illegal to drive under the influence of any kind of drug or alcohol. If you are pulled over in Arizona, complete a drug test, and there is any kind of drug found in your system, you can be charged. Even if you smoked Marijuana two weeks or a month ago, it can easily still show up in your system. The one exception to this law is if you are only under the influence of marijuana, but you have a medical note to do so.

Compared to other states, Arizona is incredibly strict and has no tolerance for driving under the influence of drugs and alcohol. Arizona also has the lowest fatalities caused by accidents involving someone who was under the influence of drugs or alcohol. Because of Arizona's incredibly strict laws, it is for your own safety and others to never drive under the influence.

If you are charged with a DUI, you must be able to prove that you were not impaired at the time that you were pulled over, which in some cases may be incredibly hard to do so. Marijuana affects everyone a little different, so significant impairment for someone may be totally different for someone who smoked the same amount of Marijuana. Law enforcement has to use their best judgement in deciding if a driver is not able to drive and is putting themselves and others in danger.

What is considered under the influence of Marijuana?

When you perform a drug test after being pulled over and thought to be under the influence of marijuana, the test will be looking for something called metabolites. Metabolites are simply what the Marijuana you smoke turns into when processed by your body. Drug tests look to see if you have any metabolites present in your body when you are pulled over. If there are any metabolites showing up in your blood, you can quickly face multiple charges and consequences.

Arizona does not have a certain threshold or number that decides whether or not someone is under the influence of marijuana illegally. Instead, the state of Arizona bases their decisions on if a driver is impaired by the drug and how impaired they are. Law enforcement officers will base their decision on the impairment of the driver at the time the citizen was pulled over and more often that not will pull a driver over based on the impairment that is being displayed.

What if I am a Medical Marijuana Patient?

The Arizona law for years, solely based conviction on the presence of whether or not there were metabolites in a person's blood. Now, with many people turning to marijuana for medical reasons and getting a prescription or referral from a doctor to do so, the law has changed.

Now if someone is caught with Marijuana metabolites in their blood, they can now defend themselves and court and show their card explaining why they were using Marijuana. Having the chance to defend yourself and explain yourself allows many medical marijuana patients off the hook once they appear in court.

The extra step that was added to Arizona law is incredibly important because it allows Medical Marijuana patients to defend themselves and not automatically be given a DUI. Just remember that even if you have a medical marijuana “green card” you could still face charges and you should contact an attorney as soon as possible.

What are the consequences of a Marijuana DUI in Arizona?

The consequences for a Marijuana DUI in Arizona is dependent on if it is your first offense, and the severity of the offense. For your first offense, you could face jail time for at least 10 days as well as incur charges of at least $1500 dollars.

Depending on the severity of the first offense, you can also face having a breathalyzer installed in your car to start your car that is commonly called an interlock. You will have to breath into the interlock device in order to start your car and must not have any alcohol or drugs on your breath.

Besides possibly having an interlock device installed in your car, you could also face charges of your license being suspended and even required time doing community service.

If you happen to commit a second offense within a certain amount of time after your first, you could face more charges. A second offense could face more jail time that could be around 90 days or more and be charged at least $3,000 dollars.

If the offense is your third offense or more, you will likely face at least 4 months in jail and have to pay fines around $5,000 dollars or more. You could also face many other consequences as well such as probation, repossession of your car, suspended license, and more.

Another way you can have your license suspended depends on if you have minors in your car and the charges can change drastically.

What are the costs of a Marijuana DUI?

As mentioned above, the cost for a Marijuana DUI can range from at least $1,500 dollars all the way to more than $5,000 dollars and it all depends on the severity of the offense as well as how many prior offenses you have had.

Costs can also differ depending on multiple factors such as if you had minors in the car, if you're underage, as well as driving under the influence on an already suspended license. No matter what charges that come your way, costs can add up quickly so reaching out to an attorney is imperative for you, financially.

What to do if you are suspected or charged with a Marijuana DUI?

There are multiple steps you can take if you are pulled over and suspected of driving under the influence of Marijuana.

If you have smoked marijuana for medical or personal purposes, choosing someone else to drive until the mairjuna is out of your system will help lower your chances of getting pulled over and facing DUI charges.

Many police officers will ask you to take a field sobriety test or a breathalyzer, failure to participate in these tests will cause your license to be suspended for a certain amount of time.

Also, the less you say about smoking marijuana is better, because if you say you smoked two weeks ago you can still be booked for having marijuana in your blood. Marijauna can stay in your blood for weeks and in Arizona, having any amount of marijuana can get you into trouble.

Driving in a state that has a zero tolerance policy for drugs or alcohol can get you into trouble fast. That means that even if you aren't feeling the effects of marijuana, it can still show up in your blood and cause you to be charged. Driving in Arizona with a medical marijuana card you can still get into trouble with the law if you don’t know how to properly defend yourself.

Before getting yourself into more trouble, taking a step back and contacting an attorney that specializes in DUIs will give you the best chance of defending yourself in court.

Attorneys are incredibly knowledgeable about Arizona laws and having someone on your side will help you fight any unreasonable DUI charges that come against you.