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.