How To Avoid a Marijuana DUI In Arizona

Marijuana & DUI: What You Need To Know About THC & Driving

Marijuana use in Arizona is now legal, but there are still limitations placed on its use that you need to know. State law treats marijuana DUIs much like alcohol-related offenses, and officers don’t need to prove impairment to make an arrest. 

If THC is detected in your system, you could be facing criminal charges. That’s why we’ve created this article with all you need to know about Marijuana DUI in Arizona, including how to avoid it, what the law actually says, and why working with an experienced Mesa DUI lawyer is crucial if you’re charged.

Arizona’s Marijuana DUI Law: THC Limits, Legal Risks & Consequences

Under Arizona Revised Statutes §28-1381, it’s illegal to drive while impaired by any drug, including marijuana. What makes this law especially strict is that the state doesn’t just look for signs of impairment. You can be charged with a DUI if any trace of THC or its metabolites is found in your system, even if you’re not visibly impaired at the time of the traffic stop.

That means the presence of marijuana in your bloodstream can be enough to trigger criminal charges, regardless of when you used it. This applies even to people who have a valid medical marijuana card. While the card offers some protections, it doesn’t exempt you from DUI prosecution.

Being charged with Marijuana DUI can result in multiple consequences:

• Loss of your driver’s license
• Fines
• Jail time
• Up to 10 years of probation
• Increased penalties with each conviction, including the installation of an ignition interlock on your vehicle

A marijuana DUI conviction can have serious consequences that negatively impact your life. If you’ve been arrested or charged with a marijuana DUI, the best you can do is to get in touch with a Mesa DUI lawyer for representation and advice as soon as possible.

What To Do If You’ve Been Charged With a Marijuana DUI Based On Metabolite Testing

Marijuana metabolites are chemicals that your body creates as it metabolizes, or digests, THC, one of the primary chemicals in marijuana. Through various tests, law enforcement and medical providers can detect these metabolites in your breath, blood, and urine. 

Metabolites can remain in your body for weeks after using marijuana. This can be unfortunate for some people because it means that you can test positive and be charged with a marijuana DUI as long as several weeks after your last marijuana usage, even though you were not currently using it at the time of the traffic stop.

Although law enforcement officials in Arizona are not supposed to be investigating drivers for DUIs if they do not have a reason to suspect your impairment, it is still possible to be stopped for another reason (such as speeding, running a red light, or involvement in a car accident) and still face metabolite testing.

Drivers must keep this possibility in mind when they assess the risk of driving in the days or weeks after marijuana use. If you have received a positive metabolite test after a traffic stop and are concerned about facing charges of a DUI even though you were not using marijuana at the time, contact an experienced Mesa DUI lawyer immediately. Skilled representation can be crucial to the outcome of your situation.

Top Strategies To Avoid a Marijuana DUI In Arizona

The best way to avoid a marijuana DUI is simple: don’t drive after using marijuana—period. Unlike alcohol, THC can linger in your system for days or even weeks, depending on how often you use it. This makes it tricky for regular users, especially medical marijuana patients.

Here are a few practical tips:

• Avoid driving within several hours of using marijuana, even if you feel fine.
• Know how your body reacts and how long THC typically stays in your system.
• Keep marijuana stored properly in your vehicle, ideally in the trunk and its original, sealed packaging.
• Never admit to recent use during a traffic stop. You’re not required to answer questions that may incriminate you.

Why You Should Wait Until You’re Sober To Drive After Smoking Marijuana

Although marijuana users face a small chance of being charged with marijuana DUI weeks after using the drug, drivers should never take the risk of driving a vehicle while actively impaired. Not only does this endanger you and other drivers on the road, but you’ll face a seriously increased likelihood of being stopped by law enforcement officers for DUI testing and potential arrest. Always wait until the effects of marijuana have passed before you consider driving any kind of vehicle.

Here are some of the reasons why it is important to wait until the effects of marijuana have passed before driving:

• Marijuana can impair your judgment, coordination, and reaction time. 
• Marijuana can also make you drowsy or sleepy. This can lead to microsleeps, which are brief periods of unconsciousness that can happen while you are driving. 
• Even if you do not feel impaired, you could still be over the legal limit for driving under the influence of marijuana. 
• The legal limit for THC in your blood is typically very low. It is not worth the risk of driving while impaired by marijuana. Always wait until you are sober before getting behind the wheel.

What Happens If You Refuse a Field Sobriety Test In Arizona?

Contrary to popular belief, it’s legal to refuse a field sobriety test in Arizona. It may be in your best interest to refuse this test because they are notoriously unreliable. If you refuse a field sobriety test, law enforcement officers may ask you to take a blood or urine test. These tests are much more reliable. You do have the right to refuse these tests as well, but your license may immediately be suspended if you do. 

In these situations, contacting your DUI lawyer right away for advice and representation may be essential to protect your rights and the reinstatement of your driving privileges.

How a Lawyer Can Protect Your Rights

Facing a marijuana DUI doesn’t mean you’re automatically guilty. A skilled defense attorney can challenge the charges in several ways:

Questioning the legality of the traffic stop

• Challenging the testing procedures or liability of the lab results
• Demonstrating that THC presence did not equal impairment
• Using your medical marijuana card as part of a broader defense strategy
• Every case is different, which is why personalized legal representation is essential.

Get The Legal Representation You Need For a Marijuana DUI With Dove Law Firm

When your driving privileges and freedom are on the line, you need a trusted criminal defense attorney in Arizona who will fight for your rights and promote the best outcome for your case. If you’re facing a marijuana DUI in Arizona, contact Dove Law Firm, PLLC, to schedule your free consultation. We have extensive experience representing individuals who have been accused or charged with marijuana DUI in Arizona and will provide tough, ethical defense on your behalf. Contact us today!