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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

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Top One Percent in the Nation

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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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