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Consequences Of Driving Under The Influence Of Marijuana In Arizona

Driving under the influence of marijuana is considered a crime in Arizona and carries harsh penalties. The driver and the passengers in the vehicle may have to face the penalties for a DUI violation, and they may also face charges for marijuana possession. Although the use of medical marijuana is allowed under limited circumstances in Arizona, it is considered a crime if the person drives after such use.

Law Regarding Driving Under The Influence Of Marijuana In Arizona

In the state of Arizona, it is considered unlawful for a person to drive a vehicle if:

  • they are under the influence of any substance that impairs their mental or physical faculties
  • there is any drug or its metabolite in their body

According to this statute (A.R.S. 28-1383), the mere presence of a drug or it’s metabolite in the driver’s body is grounds for a DUI charge, regardless of the fact whether the driver is actually impaired or not.

Penalties For Driving Under The Influence In Arizona

The penalties for a DUI will vary, depending on whether it is their first offense or a subsequent offense.

  • A First DUI conviction carries a penalty of at least 10 days in jail, and a minimum fine of $1,250. The offender may face additional penalties such as license suspension, community service, probation, or having to install an ignition interlock device in their vehicle.
  • A Second DUI conviction within 84 months carries a penalty of at least 90 days in jail, and a minimum fine of $3,000. The offender may also face additional penalties such as community service, license suspension, and having to install an ignition interlock device in their vehicle. They may also be required to participate in a drug treatment program or additional probation.
  • A Third or subsequent conviction within 7 years with suspended license carries a penalty of at least 4 months in prison, and fines of up to $150,000. The offender may face additional penalties such as license suspension for 3 years, probation for up to 5 years, forfeiture of vehicle, or participation in a drug treatment program.
  • If a child under the age of 15 was present in the vehicle at the time of the offense, additional penalties will apply.

Implied Consent Law In Arizona

Drivers in Arizona are deemed to have given consent to a drug test to check for the presence of a controlled substance in their body, when requested by an officer. Refusal to submit to the test can result in the suspension of their driver’s license for 12 months. According to the Arizona statutes 28-1321, 28-1387, evidence of refusal to these tests is admissible in any legal action or proceeding.

Get Help From An Experienced DUI Attorney In Arizona

If you are facing a marijuana-related charge in Arizona, you may have to face possible jail time, pay fines, face driver’s license suspension, and other consequences. Therefore, it is important to get in touch with an experienced DUI attorney in Arizona who solely focuses on DUI and Vehicular related offenses.

Contact the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 to discuss the best way your case can proceed.


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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


brian sloan on the cover of attorney at law magazine

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

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

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 it is a proven advertising phrase. 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, and Criminal Cases, and Accident Cases, and Divorces, etc. 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 DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

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

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and 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 well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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