Facts on Driving Under the Influence of Marijuana in Arizona, Medical Marijuana DUI or Recreational

In the state of Arizona, driving under the influence of marijuana (cannabis) is a crime according to Arizona Revised Statute ARS 28-1381. Under this statute, the mere presence of the THC compound and metabolites associated with cannabis in your bloodstream is grounds enough for a DUI charge, whether or not the person in actual physical control of the vehicle itself appears or behaves in a manner consistent with being intoxicated in any way.

That’s because the state of Arizona is, as compared to many other states in the US, relatively strict about its overall DUI laws. In other words, the reason you can be charged with a DUI for marijuana in Arizona is because you can be charged with a DUI here if you are driving under the influence of any drug or any type of alcohol.

Look at it this way: if a substance has the ability to impair the functions of the human body, it is a substance you can be charged with a DUI for in the state of Arizona.

But Medical Marijuana is Legal in Arizona, Right? Yes, But Not Always When You’re Operating a Vehicle

While it is certainly true that medical marijuana is legal in Phoenix and throughout the state of Arizona, using it by way of smoking, vaping, or by way of edibles and then driving is against the law. However, similar to prescription drugs, lawful marijuana use before driving can be legal if you are not impaired and the levels of THC in your system are low.

In Arizona, since there is no per se level of impairment for THC, the defense of lawful use of Marijuana can prove difficult and is best suited for an experienced DUI defense attorney.

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About Arizona DUI Laws

In the state of Arizona DUI laws and penalties have become increasingly more serious over the years, and now include mandatory ignition interlock installation for all convicted DUI offenders, even if that alleged offender was not over the Arizona blood alcohol concentration (BAC) legal limit of .08%. That is to say, that being impaired by any degree can result in a DUI arrest in Arizona, even if your breathalyzer shows a zero BAC and the arresting officer simply decides that you’re impaired.

About The Law Office of Daniel Hutto

As a former felony prosecutor for the State of Arizona, Phoenix DUI attorney Daniel Hutto is very well versed in DUI Cases from both sides and uses his years of experience in setting up an aggressive DUI defense strategy. Whether it’s a misdemeanor DUI offense, Extreme DUI or serious felony such as an aggravated DUI with a child in the vehicle, our staff has the proven knowledge and success to provide you a professional and proven effective defense.

To start with your free legal consultation today, give us a call at 602.536.7878 or visit AzCriminalandFamilyLaw.com and our experienced and caring staff will take all the needed information to get your defense underway.



Law Office of Daniel Hutto PLLC
4201 Noth 24th Street
Suite 220
Phoenix Arizona, 85016
Phone: (602) 671-0391

content.hutto@gmail.com
https://azcriminalandfamilylaw.com/