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Arizona Zero-Tolerance Law On Marijuana And Driving

The state of Arizona follows a zero-tolerance policy when it comes to marijuana DUI law. The Supreme Court of Arizona passed a ruling on 20 November, 2015, stating that holding a valid medical marijuana card in Arizona does not immunize individuals from being prosecuted for driving under the influence. However, individuals who are legally entitled to engage in the use of marijuana could offer an affirmative defense to criminal DUI charges if they are able to prove that the level of cannabis metabolite in their system was not enough to cause impairment.

The Arizona Medical Marijuana Act (AMMA) was passed in 2010 which allowed qualifying patients to possess and use marijuana. A.R.S. § 36–2801 defines the law, stating that patients are not subject to arrest, prosecution, or penalty in any manner. They are also not subject to denial, or any right or privilege. At the same time, the law also states that individuals operating a motor vehicle while under the influence of marijuana are not immunized. A.R.S. § 36–2802 states that an individual will not be considered impaired merely because the metabolites or components of marijuana are found to be at levels which are insufficient to cause impairment.

What Is Prohibited Under Arizona DUI Laws?

According to the state policies, DUI laws in Arizona prohibit the following:

  • Driving under the influence of any drug if the person is impaired “to the slightest degree”
  • Driving while any amounts of certain drugs are present in the person’s system, including marijuana

The DUI laws also state that patients who test positive for a prescribed drug or drugs are not subject to prosecution under the Zero Tolerance Law.

Marijuana Laws In Arizona

Looking at the overall reputation of the state, Arizona is one of the three states that has both a zero-tolerance driving policy for pot and has a law which legalizes the sale, possession, and use of medical marijuana.

Even if a person admits to smoking a small amount of pot before driving, it is still reasonable to ask whether his or her level of impairment is comparable to a 0.08% legal blood alcohol concentration level. Since Arizona is a zero-tolerance state, even the slightest hint of pot residue in the driver’s blood, including those of card-holding patients, is considered a crime and anyone riding high commits a legal foul.

Proving Fault

In Arizona, the state must prove that the person had some amount of metabolites in their system in order to convict an individual for a marijuana DUI under the Zero Tolerance Law.

The person may then offer evidence as defense in order to rebut the presumption that those metabolites caused impairment.

If you have been charged for driving under the influence of marijuana in the state of Arizona, you need to get in touch with an experienced DUI defense attorney right away. Contact the Law Offices of Brian D. Sloan at 480-900-0384 or for a Free Initial Consultation to discuss your case.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career focused on Arizona DUI Defense representation, having personally defended over 4,200+ DUI clients in the past 19+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, I can comfortably say, "I’m not the one for you."

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because they think people want to hear them. Being "aggressive" isn’t the same as being good and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the lawyers claiming to do DUI Defense, Criminal Cases, Accident Cases, and Divorces. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in Phoenix DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, recognized nationally, including in a 2022 issue of USA Today.

There are no other private DUI Defense Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a flat rate for my legal services without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being the preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and documented best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my cell phone: 480-720-7839.

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Brian Douglas Sloan

DUI Attorney

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