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How To Avoid A Marijuana DUI In Zero-Tolerance Arizona?

Since the use of marijuana is legal under state laws in Arizona, driving high is technically a crime under Arizona’s zero-tolerance law. Getting arrested for marijuana DUI in Arizona carries heavy fines along with a one year suspension of the driving privileges. According to state laws, it is prohibited for anyone to drive with marijuana or its metabolites in their system.

The word “its metabolite” was considered to be plural as well as singular in an appellate court ruling, meaning that even an inert metabolite of marijuana’s active ingredient, THC, is prohibited by law, even though it can stay in the body for weeks after the drug was last used.

What Happens When Someone Is Pulled Over On Suspicion Of Marijuana DUI?

According to the Arizona police, they will only stop someone on suspicion of driving high unless they exhibit obvious signs of impairment. However, at times when the police are overly aggressive in their hunt to track down impaired drivers, they may stop individuals and have them tested for intoxication. If the driver’s blood sample shows any sign of pot metabolites, it may result in a conviction.

In Arizona, motorists are not allowed to be “impaired to the slightest degree.” Since people have different tolerance levels, they may consume certain amounts of alcohol or marijuana before getting behind the wheel. Some people may seem very impaired even after consuming a little amount of pot, whereas others may not seem impaired at all after consuming a lot of pot. Here are some ways you can avoid a marijuana DUI in zero-tolerance Arizona:

  • Don’t Use Marijuana! – This is of course the most obvious answer. When you have no metabolites in your system, there won’t be a conviction. Period.
  • Get educated – If you are legally using marijuana under the Arizona Medical Marijuana Act (AMMA), educate yourself on how long marijuana metabolites can stay in your body. You should know that it will be weeks before you’ll be able to legally drive in Arizona after consuming marijuana.
  • Don’t Drive After Using Marijuana – If you have used your legal dose of marijuana, or any other intoxicant like alcohol or other drugs, then don’t drive. If you are stopped by an officer for showing any signs of intoxication, the officer may order a drug test. Even if you used marijuana days or weeks ago, the simple presence of the metabolites in your system will make your DUI case a lot less defensible. Some people think it is okay to drive after using prescribed drugs. If you are on prescription medications, be sure to consult with your doctor if you can drive or operate heavy machinery after taking that drug. Use of other drugs like cocaine or meth can also impact your ability to drive.
  • Don’t Admit To Using Marijuana – Even if you are stopped on suspicion of driving under the influence of a drug, never admit to using marijuana. Any admissions you make will be used to build a criminal case against you, even if you say that you used marijuana “last week.”
  • Refuse The Field Sobriety Tests – If the officer asks you to take the field sobriety test, politely refuse. It is better to not take the test instead of taking the test and making mistakes which will be used against you later on.

If you have been stopped and arrested on suspicion of marijuana DUI in Arizona, you need to contact 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

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Top One Percent in the Nation

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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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