The recreational use of marijuana is now legalized for residents of Arizona, but similar to Arizona’s laws pertaining to driving while under the influence of alcohol, the laws pertaining to impaired driving also do not permit people to drive under the influence of any drug including marijuana. Many people are under the mistaken impression that DUI laws only apply to alcohol. To the contrary, the laws apply with equal force to prohibit impaired driving whether the results stem from alcohol, drugs or any other substance that causes impairment. Even prescribed or over-the-counter medications can cause impairment to a degree that prohibits driving under Arizona law. Just as with alcohol or any other impairing substance, there are strict laws in Arizona that place restrictions on driving after the use or consumption of marijuana. Here is what you need to know about Arizona marijuana DUI laws and what to do if you are charged with driving under the influence of marijuana.
Understanding Arizona Marijuana DUI Laws
Arizona law for driving under the influence of alcohol or marijuana is governed by ARS 28-1381. The laws clearly state that you cannot drive even if you are impaired by the substance slightly. People are restricted from driving under the influence of alcohol, marijuana, or for that matter any substance that can alter their consciousness and impair their coordination. If you are caught driving when impaired by marijuana, law enforcement can, and most likely will, charge you with driving under the influence of marijuana.
It is important to note that the individual will be subject to these charges if they are caught driving with marijuana in their system. Unlike as is the case with alcohol where you can legally have up to a .08 blood alcohol content and still drive (so long as you are not impaired), Arizona’s law as applied to driving under the influence of marijuana is a zero-tolerance law, and law enforcement has the right to arrest you and charge you under ARS 28-1381 if marijuana is in your system while driving. Marijuana contains THC that can impair your ability to operate a motor vehicle, which is why its consumption is prohibited for those who drive.
Understanding Your Rights if Charged with Marijuana DUI
The officers in Arizona have the right to ask you to pull your car over and complete the DUI investigation process if they suspect that you are driving under the influence of any impairing substance including marijuana. These laws are vague enough that officers typically have the right to pull you over for anything from swerving to speeding to failure to use turn signals, or any other violation of the traffic laws.
In short, poor driving is one of the common reasons why the police suspect that the person might be impaired by alcohol, marijuana, narcotics or other substances. The police check the redness in your eyes, your speech, motor movements, eye-to-hand coordination, ability to focus, and how you are holding the steering wheel. You will be charged immediately with a DUI if you admit to driving under the influence of marijuana, cocaine, or any other substance or drug the consumption of which is restricted before driving.
All Arizona residents should be aware that they do not need to discuss with law enforcement officials any details of their past use of marijuana or whether it was prescribed by a doctor. Past use is not relevant during a traffic stop, whatever the reason. Therefore, it is advisable to simply respond that you will not be discussing the details of your daily activities prior to the stop with the officer if the line of questioning leads to how much and when you used marijuana before driving. This is critical, since even admitting to the use of marijuana the previous day can be grounds for a blood test and subsequent DUI charge in Arizona, even if trace amounts of THC are found still remaining in your blood due to prior use.
During the stop if the officer suspects that marijuana impairment might be present, for further clarification the officer may call the department’s drug recognition expert. These professionals are trained and qualified to identify the marijuana impairment symptoms. A series of other tests will be carried out as necessary to confirm whether or not marijuana impairment can be substantiated. A breath test will not give precise insights into the concentration of drugs in your body, which is why a blood test is performed. Again, while you are required to follow the instructions of an officer that suspects you are impaired, you are not required to disclose anything about your day or your prior use of marijuana, no matter what the officer tells you when pulled over. It is acceptable to say you are complying with their requests and you will not be answering any questions about your day’s activities.
What is Considered Under the Influence of Marijuana While Driving?
You may be charged with a marijuana DUI if you take “physical control” of a vehicle when you are impaired by cannabis or the combination of other drugs. Even if you aren’t “driving the vehicle,” but you are seen taking control of it (i.e., getting into it and putting the key into the ignition may be considered taking control of a vehicle), you can be subject to the DUI penalties. If your case is taken to court, the judge or jury will likely take several factors into consideration to determine whether or not you took physical control of the vehicle. For example, they check whether you were in the car, where your car was parked, who was in the car with you, where the keys were located, and anything you stated in regard to your intentions to operate the vehicle at the time of the stop.
Now, as mentioned, unlike as with alcohol, Arizona law pertaining to marijuana DUI does not state any specified concentration of marijuana (THC) that is considered to impair the person. Other state laws such as in Colorado do state that any person whose blood reports show up to 5 ng/ml of Delta-9 THC is considered impaired and will be subject to the penalties prescribed for driving under the influence there. Because Arizona law is non-specific in terms of quantity of THC in the bloodstream of a driver, it is subject to interpretation, and if based on objective factors observed by the officer the driver appears to be impaired and has even a trace amount of THC in their bloodstream at the time of the stop, Arizona DUI penalties will apply.
For the person to be considered impaired by the substance, the police look for any Delta-THC in the blood. THC, as mentioned earlier, is a psychoactive compound that can impair your coordination, especially if taken in excess amounts. If the compound has already been metabolized in your system, you might not be considered “under the influence” of drugs and hence “impaired.” However, if it is found in your blood test, the police can still charge you with the marijuana DUI.
In January 2021, a proposed House Bill suggesting that a 2 ng/ml limit should be set for the marijuana DUI was made by Arizona House Representative John Kavanaugh. This would be the lowest marijuana limit applied to determine impairment of any state with marijuana DUI laws in place. The proposed 2ng/ml would set a standard where any prior use, even a day or two before driving, could still result in a blood test over the proposed legal limit.
Work With an Arizona Attorney for Marijuana DUI Charge
Given the strict nature of Arizona marijuana DUI laws, it is vital to get the representation of an Arizona attorney experienced in navigating marijuana DUI law as applied to charges against you. An experienced defense lawyer will go over your police report carefully to determine: (i) if the state’s charge against you is valid, (ii) whether proper procedures were followed in the stop leading to the arrest and/or charges, and (iii) whether any circumstances particular to your situation apply that might serve to eliminate or lessen the severity of the charges against you.
A few things that might operate in your favor include:
- No cause supports your arrest or imposing any penalty against you
- No reasonable cause supports the officer’s stop
- No signs of impairment while driving
- Issues with the lab testing and the assessment of your blood tests
- No Miranda warnings before proceeding with the arrest
- Custody issues with your reports
It is important to note that no police officer can ask you to stop and park your car on the side unless you have violated the traffic rules or committed a crime. The case will be dismissed if the police fail to prove that they stopped your car for a valid reason supported by probable cause, in that event the charges will be dropped. No further evaluation will be needed.
There are plenty of other ways the attorney can defend your case after evaluating the total THC found in your system as well including without limitation, how you were driving at the time of the stop, and any other mitigating factors. In order to best assess and plot a strategic defense to your charges, it will be necessary to discuss the particular facts and circumstances of your case and the details of the arrest with your attorney. It is important that you hire an expert Arizona attorney that understands the law, issues and complexities involved in Arizona marijuana DUI cases. Contact the experienced attorneys at RSN Law as soon as possible if you have been charged with a marijuana DUI (or any other form of DUI) in Arizona. You can call our office at 480-712-0035 to schedule an initial review of your case or make an appointment on our “contact us” page at any time.
RSN Law intends this article to be for informational purposes, not to be relief on a specific legal matter, and does not create an attorney-client relationship.