Importance of Getting a Marijuana DUI Lawyer

While medical and recreational marijuana is legal in Arizona, marijuana while driving under the influence of this substance is strictly prohibited. Even a trace of marijuana in your system can lead to serious consequences, and when you’re charged with a Marijuana DUI, a cookie-cutter defense simply won’t cut it. 

If you find yourself in such a situation in Arizona, a skilled criminal defense lawyer specializing in drug-related DUI cases is what you want in your corner. It’s important to grasp the legal consequences and to find the right legal support when facing such circumstances.

Arizona’s Zero Tolerance Policy

The legal status of marijuana in Arizona is quite distinctive as it can be lawful under certain circumstances while illegal in others. Since the enactment of the Arizona Medical Marijuana Act (AMMA) in 2010, registered patients who hold valid medical marijuana cards issued by the Arizona Department of Health Services can use legal marijuana and have possession rights. 

Further, Arizona’s legal landscape regarding marijuana underwent significant changes with the passage of Proposition 207 in 2020. This proposition, also known as the Smart and Safe Arizona Act, legalized the recreational use of marijuana for adults aged 21 and older. This allows individuals to possess, consume, and cultivate marijuana for recreational use, with regulations and restrictions in place.

However, the state continues to maintain a resolute zero-tolerance policy for individuals driving under the influence of marijuana. Regardless of impairment, you are not allowed to operate a vehicle with any amount of marijuana or its metabolites in your system. 

A Closer Look at Marijuana DUI Laws

When facing an Arizona DUI charge for Marijuana, it’s crucial to understand the two different legal paths you might follow. If chemical tests detect marijuana in your system during a traffic stop, you could be subject to one of two Arizona laws.

Impaired to the Slightest Degree Law (ARS 28-1381(A)(1): This law makes it illegal to drive under the influence of any drug in Arizona. You can be prosecuted for the tiniest level of impairment if it’s linked to marijuana, even if you have a prescription for it.

Driving or actual physical control while under the influence (ARS 28-1381(A)(3)): This law prohibits driving with any drug or its metabolite in your system. Importantly, it doesn’t require demonstrating impairment. You could be an exceptional driver but still face prosecution if you have any drug in your system when pulled over.

DUI laws for Marijuana in Arizona are among the strictest in the nation. But with the right DUI defense lawyer, you can significantly improve your chances of a positive outcome. DUI Attorney Brian Sloan and his dedicated team are your best allies in this journey.

Penalties for Driving Under the Influence of Marijuana 

DUI for Marijuana is a Misdemeanor in Arizona, and the penalties are severe. The legal consequences for first-time offenders can include:

• 10 to 180 days in jail
• $1,500 – $4,700 in fines and fees
• Possible driver’s license suspension for up to 1 year

• Substance abuse screening and education programs
• Community service
• Probation

The penalties are greater if you are on your second DUI conviction in seven years.

The Role of a Marijuana DUI Lawyer in Your DUI Charge

Here’s how a Marijuana DUI attorney can guide you through the legal process and defend your rights effectively:

• Legal Expertise: A DUI attorney in Arizona possesses specialized knowledge and expertise in the laws regarding DUI Drugs in Arizona, including marijuana-related driving offenses. They understand the nuances of these medical or recreational Marijuana DUI cases and how they apply to your situation.

• Navigating the Legal System: These attorneys are adept at navigating the complex legal system, including court procedures and administrative processes related to DUI charges. They can guide you through each step of the legal proceedings when charged with driving under the influence of marijuana.

• Evidence Review: A skilled Marijuana DUI lawyer thoroughly examines the evidence against you, including chemical test results and police reports. They identify any discrepancies or weaknesses in the evidence that can be used to challenge the prosecution’s case.

• Defense Strategies: Drawing on their experience and knowledge, Drug-related DUI attorneys develop tailored defense strategies to protect your rights and minimize the potential consequences of the charges you face. These approaches might include questioning the legality of the traffic stop, questioning the reliability of field sobriety tests, or disputing the accuracy of chemical tests.

• Negotiating with Prosecutors: Marijuana DUI lawyers engage in negotiations with prosecutors on your behalf. They advocate for reduced charges or penalties, seek alternative sentencing options, or pursue opportunities for diversion programs when appropriate.

• Court Representation: If your case goes to trial, your attorney serves as your advocate in court. They present compelling arguments, cross-examine witnesses, and challenge the prosecution’s evidence with the goal of securing a favorable outcome for you.

• Protecting Your Rights: Above all, a Marijuana DUI defense attorney is dedicated to protecting your constitutional rights throughout the legal process. They ensure that law enforcement authorities adhere to proper procedures and that your rights are upheld at every stage of the case.

• Guidance and Support: Beyond legal representation, these attorneys provide guidance and support to help you navigate the emotional and practical challenges associated with DUI charges. They offer reassurance, answer your questions, and keep you informed about developments in your case.

Your Future Matters

With the severe penalties at stake, securing the expertise of a specialized DUI attorney is essential. From reviewing evidence to advocating in court, they are your strongest ally in protecting your rights and striving for the best possible outcome in your case.

Don’t let a DUI in Marijuana charge cast a shadow on your future. At The Law Offices of Brian D. Sloan, we don’t just fight for legal victories; we fight for your peace of mind and your opportunities ahead. Contact us today for a free consultation, and allow us to stand by your side as your trusted advocates during this difficult period. Your future deserves nothing less.