Phoenix Marijuana DUI Lawyer

What is Marijuana DUI or Driving While High in Arizona?

Arizona has strict laws when it comes to impaired driving, including driving under the influence of marijuana, commonly referred to as a Marijuana DUI or Driving While High. Even though medical and recreational cannabis is legal in Arizona for adults, driving under its influence remains a serious criminal offense under Arizona Revised Statutes §28-1381.

Understanding Marijuana DUI in Arizona

A Marijuana DUI occurs when a driver is found to be impaired by marijuana to the slightest degree while operating a motor vehicle. Unlike alcohol DUIs, where a legal limit (BAC of 0.08%) is established, marijuana-related impairment is harder to quantify. Arizona law focuses on the driver’s actual impairment rather than a specific level of THC in the bloodstream.

Arizona Marijuana DUI Laws: What You Need to Know

Arizona’s legalization of recreational marijuana through Proposition 207 in 2020 has changed the landscape of cannabis use in the state. However, it remains illegal to drive while impaired by marijuana. Understanding the nuances of Arizona’s marijuana DUI laws is essential for all drivers.

Legalization of Marijuana Under Proposition 207

Proposition 207, also known as the Smart and Safe Arizona Act, permits adults aged 21 and over to possess and use up to one ounce of marijuana, with no more than five grams in concentrated form. Additionally, individuals may cultivate up to six cannabis plants at their primary residence. However, public consumption of marijuana remains prohibited, and driving under the influence of marijuana is still unlawful.

Driving Under the Influence of Marijuana

Arizona Revised Statutes § 28-1381 makes it illegal to operate a vehicle while under the influence of any drug, including marijuana, if it impairs the driver to the slightest degree. This means that even minimal impairment can lead to a DUI charge.

Medical Marijuana and DUI

Holding a medical marijuana card does not exempt individuals from DUI laws. Driving while impaired by marijuana, regardless of medical authorization, is illegal.

What is a Metabolite?

The dictionary defines “metabolite” as any substance produced by or involved with metabolism. For purposes of the DUI laws, it involves primarily the presence of one or another form of tetrahydrocannabinol (THC) in a person’s body, as shown by a blood, saliva or urine test. Reading the statute in a vacuum, you’d conclude that under the statute, the presence of THC would automatically signal a violation of the DUI statute. In fact, the Arizona Supreme Court has significantly limited that portion of the law.

State v. Harris

There are problems convicting a person of DUI based solely on the presence of a metabolite of marijuana in their body. First, some metabolites do not have the capacity to cause impairment. Second, some metabolites remain in the body for weeks, and even months, long after the possibility of impairment has passed. And since thousands of people use marijuana legally under the Medical Marijuana Act, a literal interpretation of the law would mean that those people (as wells as anyone else who uses marijuana) are effectively prohibited from driving a motor vehicle.

The interpretation of the “metabolite” provision of A.R.S. 28-1381 reached the Supreme Court of Arizona in 2014. The court held that the mere presence of a metabolite of marijuana, absent evidence of impairment, is insufficient to sustain a DUI charge. As a result, the issue in a marijuana DUI case becomes one of impairment. And the question is what that term means.

What Does the State Have to Prove to be Found Guilty of Driving While High?

Generally speaking, in a most DUIs, the State must prove your guilt, beyond a reasonable doubt. However, in a driving while high case, the burden of proof often shifts to the criminal defendant.

State v. Dobson

Those accused of driving while high that have a medical marijuana card (AMMA Card) often carry the burden of proof. If the State alleges that you are operating a motor vehicle while impaired by marijuana they must prove that the active THC impaired your ability to drive to “at least the slightest degree.” However, when the State alleges a violation of ARS 28-1381A3, in a marijuana case, the defendant has the burden of proving that the THC was “in a concentration insufficient to cause impairment.”  This additional requirement demands the assistance of an experienced marijuana DUI lawyer.

Impairment “to the slightest degree”

After the Harris case, it became clear that to convict someone of driving while high, the prosecutor must provide evidence that the person was under the influence of marijuana, and that he or she was impaired. Typically, the evidence (other than the results of a chemical test) will come from the testimony of a police officer. The officer may say that your eyes were bloodshot, that you were unable to follow a light with your eyes, that you did not follow instructions, that your coordination was poor, or one of many other observations.

Most police officers, however, have little or no expertise in evaluating whether a person is impaired by marijuana, or any other drug for that matter. Even those who claim to be Drug Recognition Experts (DRE) often have little training in the area. A Phoenix marijuana DUI lawyer with experience defending those charged after driving while high, can often lessen the impact of such testimony, either through cross-examination or by countering with an expert for the defense.

At Feldman & Royle, our Phoenix marijuana DUI attorney understands what needs to be done, and has significant experience representing those who have been charged with DUI after driving while high.

Penalties for Marijuana DUI

A first-time marijuana DUI offense in Arizona is typically classified as a Class 1 misdemeanor. Penalties may include:

• A minimum of 10 consecutive days in jail, with the possibility of reducing this to one day if the offender completes court-ordered drug or alcohol screening and classes.

• Fines and court costs totaling $2,000 or more.

• A 90-day driver’s license suspension, with the potential to obtain a restricted license for the last 60 days.

Repeat offenses or aggravating factors can lead to more severe penalties, including longer jail time, higher fines, and extended license suspension.

Phoenix Marijuana DUI Lawyer

If you were charged with driving while high, do not assume that your fate is sealed. Doing nothing or pleading guilty on your own is a mistake. While you may believe a conviction is a foregone conclusion, you could well be wrong. Indeed, without having your case reviewed by an experienced Phoenix criminal defense lawyer, you may be missing possible defenses and holes in the prosecution’s case.

At Feldman & Royle, our Phoenix marijuana lawyer understands what needs to be done, and we will fight to make sure your rights are protected. Contact us to schedule a free consultation.