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Medical Marijuana Laws In Arizona And DUI

Anyone found driving under the influence of marijuana and impaired to the slightest degree in Arizona will be charged under A.R.S. 28-1381(A)(1) of the Arizona Revised Statutes. It does not matter whether the person used marijuana illegally or had a legal prescription for the marijuana, the state of Arizona will charge anyone driving under the influence of marijuana with a DUI.

According to the Arizona Medical Marijuana Act (AMMA), which was passed as a citizens’ initiative in 2010, licensed medical marijuana users cannot be prosecuted for using marijuana if they stay within the parameters of the statute. However, the DUI state laws forbid anyone from driving if they are impaired by marijuana to the slightest degree. The two Arizona statutes are conflicting to each other.

Any Arizona resident can benefit from the Arizona Medical Marijuana law. However, they must be aware that their medical status does not grant them an automatic get-out-of-jail-card when it comes to DUI laws. Even if the person seemed sober and showed no signs of intoxication, the State can prove that marijuana caused impaired driving, resulting in a DUI conviction.

Penalties for DUI marijuana in Arizona

A first time DUI marijuana is considered a misdemeanor and carries the following penalties:

  • Minimum 1 day in prison, up to a maximum of 6 months
  • Fines and fees ranging from $1,470
  • Mandatory substance abuse program
  • Mandatory installation of an Ignition Interlock Device
  • Driver’s license revoked for 1 year

A second offense DUI marijuana within 7 years carries the following punishments:

  • Minimum jail sentence of 30 days
  • Fines and fees starting from $3,430
  • At least 30 hours of community service
  • Driver’s license revoked for 18 months
  • Mandatory installation of an Ignition Interlock Device (IID)

A third offense DUI marijuana will be considered a felony and carries harsher penalties and fines.

Presence of Marijuana Metabolites

If a person is arrested in Arizona for alleged DUI and is found to have traces of marijuana metabolites in their system, they can be arrested and charged with DUI even if they do not show any impairing effects at all.

Marijuana metabolites can remain in the system for up to a month. Although their presence in the system will not cause impairment, simply having the metabolite present in the system will result in a DUI charge in Arizona.

If you are facing a marijuana DUI charge in 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 602-900-0384 for a Free Initial Consultation to build a strong defense strategy.

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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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