How To Avoid a Marijuana DUI In Arizona

The Many Faces Of Marijuana DUI’s In Arizona

Our Arizona Zero Down DUI Attorneys take a look at the many faces of marijuana DUI’s in Arizona.  There is a big difference when dealing with marijuana vs. alcohol in Phoenix and Tucson DUI cases.  Marijuana DUI’s are a different animal of sorts. You need an attorney that is experienced in Arizona Drug and Marijuana DUI’s. Our Arizona $0 Down DUI offers free confidential consultations with one of our DUI lawyers. Contact us if you are facing charges. 

Police Officer Making A Marijuana DUI Arrest In Arizona

DUI’s In Arizona Happen

Many people enjoy a ritual at the end of a long day, or on weekends when they don’t have other responsibilities, of having an alcoholic beverage. For some people, this may be a glass of wine, and for others, it may be an ice-cold beer. But for others, their substance of choice is something greener and leafier- and we’re not talking about salad. Now that recreational marijuana is legal for those over the age of 21 in Arizona, many people have traded in their hangovers for the munchies. But just because recreational marijuana is legal in Arizona now, doesn’t mean that it’s legal to drive while under its influence. Arizona has the strictest DUI laws in the United States, and there is no exception when it comes to marijuana DUI arrests. If you’ve been arrested for marijuana DUI in Arizona, call our firm for your free consultation with one of our experienced defense attorneys at 480-833-8000.  

Tips To Avoid a Marijuana DUI Arrest in Arizona

  • Don’t Partake In Marijuana:

The simplest way to avoid getting a marijuana DUI is by not smoking marijuana at all. Clearly, this isn’t the funnest tip on the list. But marijuana metabolites remain in your system for a long time after smoking, so you could be charged for a marijuana DUI when you don’t even feel high. 

  • Don’t Forget About Marijuana Ingestion That Isn’t “Smoking”:

Nowadays, marijuana comes in seemingly infinite forms. It can be easier to forget that you’ve used marijuana if you didn’t smoke it traditionally. Don’t let vape cartridges, edibles, marijuana beverages, and other forms slip your mind before you get behind the wheel of your car. 

  • Learn More About Marijuana Metabolites:

The length of time that marijuana metabolites remain in your system will depend on several factors, including how much you ingested and how much you weigh. This will give you a better idea about how long you should wait to drive after smoking marijuana.

  • Don’t Be Afraid To Call An Uber Or Use Public Transit:

Many people are reluctant to find a way home besides getting behind the wheel because they “only” smoked marijuana instead of drinking alcohol. Don’t assume that you’re okay to drive after using marijuana. Calling an Uber or taking the bus or Light Rail will save you time, money, and embarrassment if it helps you avoid a DUI arrest. Better yet, plan ahead when you know you’ll be using marijuana and use alternative means to get to your destination so that you don’t have to worry about getting your car later. 

  • Don’t Tell a Police Officer That You’re Driving High: 

You have the right not to incriminate yourself, so don’t admit to using marijuana to a police officer that has pulled you over. Don’t even admit to using marijuana two weeks ago.  Plain and simple, do not admit to smoking marijuana.  A DUI conviction can have a serious impact on your life, so don’t make it easy on the prosecution. 

  • Say No To Field Sobriety Tests: 

Field sobriety tests are preliminary tests to assess intoxication before administering a Breathalyzer or blood/urine test. While refusing a breathalyzer test will result in an automatic one-year driver’s license suspension in Arizona, you are allowed to decline field sobriety testing. The most common types of field sobriety tests are horizontal gaze nystagmus (the officer shining a light in your eyes and watching how your pupils follow it), walking in a straight line, and standing on one foot. Even if you don’t feel high, outdoor conditions, your health, or just pure bad luck could make you appear high during field sobriety tests. 

Arizona’s Marijuana DUI Laws

Arizona’s previous DUI laws allowed for a conviction with any amount of marijuana metabolites in your system. That means that you could smoke weed one time and be arrested for a marijuana DUI while driving weeks later. Now that recreational marijuana is legal in Arizona, the statutes have been slightly modified to avoid this type of situation. The laws have been changed so that in addition to having marijuana metabolites in your system, you must also be impaired by the amount in your system. So you may have an affirmative defense against an Arizona marijuana DUI arrest if you can prove that the amount of metabolites at which you were arrested would not normally impair you. Avoid the debacle of a DUI arrest and using affirmative defenses altogether by not driving after using marijuana. 

Arizona Marijuana DUI Conviction Penalties

All the weed in the world wouldn’t make a DUI conviction in Arizona a laughing matter. One of the things that makes Arizona’s DUI penalties so notorious is that jail time is mandatory, even for a first time offender. Multiple arrests and other aggravating factors could eventually lead to a felony marijuana DUI. Anyone convicted of DUI in Arizona will have thousands of dollars in fines and court costs to pay. Your driver’s license could also be restricted or revoked for months, or even years. You will also be required to use an ignition interlock device on your vehicle to make sure that you are driving sober when your driver’s license is returned to you. Another hidden penalty is the fact that you will need to obtain high-risk auto insurance when you get your license back, also known as SR-22 insurance. This can easily double the amount you spend each month on car insurance, if not more. 

These are all just the immediate effects you will see from a DUI conviction. You will also move forward in life with a misdemeanor (or felony) conviction on your record.  You will probably need to find a new career path after a DUI conviction if your current one relies heavily on driving. Furthermore, you will also probably lose your commercial driver’s license, if you have one. A marijuana DUI conviction can also make it harder for you to obtain or renew other types of professional licensure, like if you work in law or dentistry. Many jobs will run a background check during the interview process and turn you down for having a marijuana DUI conviction on your record. This could also impact your living situation in the future, as landlords and roommates may turn you away after finding a DUI on your background check. You could even be turned away from opportunities to volunteer and join hobby organizations. With all that’s at risk, you need to immediately begin crafting your defense after a marijuana DUI arrest in Arizona. 

Aggressive Representation $0 Down to Start

Just because you’ve been arrested for marijuana DUI in Arizona doesn’t automatically mean that you are guilty and should quietly accept the consequences. Our Arizona $0 Down DUI Lawyers will review your case to find unique factors to create your defense. We can often negotiate plea bargains for our clients that don’t include jail time, or even get their charges dropped entirely. Our vast experience allows us to work efficiently and charge fair rates, with which our rivals can’t compete. If you’ve been arrested for a marijuana DUI in Arizona, there’s a lot on the line.

You can leave your case in the hands of a potentially inexperienced and overworked public defender, or you can hire a private attorney with the experience necessary to get the best possible results in your case. For more information, call 480-833-8000 or use our online form to schedule your free consultation.  


Contact Arizona's Preeminent DUI Attorneys

Arizona Offices:

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202

Office: (480) 448-9800
Email: [email protected]

Phoenix Location:
343 West Roosevelt,Suite #100
Phoenix, AZ 85003

Office: (602) 609-7000
Email: [email protected]

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308

Office: (602) 509-0955
Email: [email protected]

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701

Office: (520) 441-1450
Email: [email protected]

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392

Office: (623) 399-4222
Email: info@arizonazerodowndui