There are a lot of thing you should know about marijuana DUI. For instance, in February 2013, the Arizona Court of Appeals decided to uphold the right prosecutor have involving charging marijuana smokers with marijuana DUI even if there’s no physical evidence of the drug. This makes hiring an attorney paramount if you’re charged with marijuana DUI. If you need a free consultation with one of our attorneys regarding your case, please contact us.
Arizona has two types of driving under the influence, or DUI, offenses involving marijuana. Although the offenses fall under DUI, they aren’t the type of offense you’re used to hearing about. To learn more about the other offenses, check out this article.
Marijuana DUI when impaired to the slightest degree
To prove a charge of marijuana DUI, prosecutors can use the Arizona law of “impairment to the slightest degree.” This means that they don’t have to prove that you were completely under the influence of marijuana to charge you. As long as the officer has probable cause to believe that you were operating a vehicle while slightly impaired, you’re in legal trouble.
Marijuana DUI elements needed to prove guilt
Under A.R.S. 28-1381, it is illegal for you to drive or be physically in control of a motor vehicle under any of the following situations referred to as elements:
You were under the influence of any intoxicating drink or drug such as marijuana or any combination of the substances (even impairment to the slightest degree)
Any controlled substance or its metabolite in your body
The last element is according to section 28-1381(A). It refers to being drug being metabolized in your system at the time of the traffic stop.
Defenses for Marijuana DUI in AZ
There a substantial chance that you have a viable defense. So don’t think that all is lost and you have to plead guilty. Any one of our attorneys will listen to you explain the circumstances surrounding your marijuana DUI arrest. Click here to view our attorneys’ profile. During the consultation, we will explore possible defenses ranging from whether the chemical or blood sample was handled probably or proper search and seizure.
Another possible defense is included in section D of A.R.S. 28-1381. If you a doctor prescribes the drug to you pursuant to title 32, chapter 7 to 17, you’re not guilty of the second element of marijuana DUI.
Possible Legal Outcomes of Marijuana DUI in AZ
The goal of your defense team is to prove your innocence. However, it’s important to discuss the possible punishment for marijuana DUI penalties. The first time conviction of a marijuana DUI is a minimum of one day to six months in jail. Fines and court costs are assessed at the discretion of the judge. You also have to participate in substance abuse program and have an interlock device ignition. Your license is also suspended.
A second marijuana DUI conviction is punishable by minimum of 30 days in jail, fines and 30 hours of community service. Approximately 18 months of community service, installation of interlock device on your vehicle.
A third and subsequent marijuana DUI conviction is considered an offense that occur within three years of your last conviction. Punishment for this offense includes may be a lengthy prison sentence and large fines.
You can also be charged with a felony marijuana DUI offense if you had a child in the vehicle or your license was suspended at the time of the traffic stop.
If you or a loved one has been charged with marijuana DUI, contact us immediately. You still have time to fight and possibly win your marijuana DUI case.