Arizona Clarifies 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 marijuana 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.
The Penalties, Fines, and Fees Associated with Marijuana DUI Drugs Charges in Arizona
If you are charged and convicted of driving under the influence of marijuana anywhere in Arizona, the first time you are charged with DUI Drugs you can expect the following penalties, fines, and fees to the court:
- Minimum 10 days in jail
- A minimum fine of $250
- Potential to have your license suspended and driving privileges revoked
- Probation for a period decided by the judge in your case
- Installation of an ignition interlocking device on any motor vehicle(s) you operate, if convicted of the impaired charge
- Potential community service hours in the amount decided by the judge in your case
If, however, this is your second DUI conviction (within 84 months) for driving under the influence of marijuana in Phoenix, Scottsdale, Chandler, Tempe, Mesa, or anywhere else in the state of Arizona, you may instead face the following penalties and fines:
- At least 90 days in jail
- A minimum fine of $250 with additional assessments and fees that total thousands of dollars
- The revocation of your driving privileges
- Drug screening and treatment program for all offenders
- Up to 30 hours of community service hours
There are some other penalties associated with driving under the influence of marijuana, specifically if you are doing so while your license is suspended and/or within 7 years of your second conviction, and these penalties and fees can include a minimum of 4 months in prison and as much as $150,000 in fines!
To learn more about DUI charges and legal defense in Arizona visit The Law Office of Daniel Hutto PLL
About 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.
If you have been charged with a DUI offense, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto
4201 North 24th St.
Phoenix, Arizona 85016
Phone: (6020 671-0391
https://ift.tt/2Z1fBaz
"
Original Post https://ift.tt/az7gwZp
0 Comments