Marijuana DUI in Arizona
Arizona DUI laws prohibit driving with any illegal drug in your system. Marijuana is unique, however, because of its evolving legal status. Since 2010, under the Arizona Medical Marijuana Act (AMMA), qualified patients, who are registered with the Arizona Department of Health Services with current registry identification cards, may use and possess marijuana. But just like for alcohol and prescription drugs, Arizona has zero tolerance for driving while impaired by marijuana. Additionally, irrespective of impairment, drivers cannot have active marijuana in their body while driving. The only exception is an affirmative defense, under the AMMA, as ruled in Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The Court of Appeals reaffirmed this defense in Ishak v. McClennen (Arizona Court of Appeals 2016).
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Tobin Law Office is a top-rated marijuana DUI attorney in Arizona that provides affordable, effective criminal defense for those facing criminal marijuana DUI charges. Driving under the influence of any drug or alcohol can lead to serious consequences if you don’t have the right team on your side. Mesa criminal defense attorney, Tim Tobin, is experienced in a variety of defense matters relating to DUI’s, including marijuana related DUI offenses. We are a top-rated Chandler DUI defense law office that has five star reviews on Google, Yelp, and AVVO, and we maintain an impeccable reputation with the Better Business Bureau, making us your top choice for all of your marijuana DUI defense needs.
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There Are Two Misdemeanor Marijuana DUI Charges in Arizona:
The citation or complaint usually contains both an impaired driving charge and a per se drugged driving charge:
Impairment to the Slightest Degree under A.R.S. 1381(A)(1)
This law makes it illegal to drive while impaired by any drug or alcohol—including marijuana. This is Arizona’s zero tolerance DUI. It strictly prohibits driving while impaired by any alcohol or drugs, regardless of medical prescription.
Driving with an Illegal Drug in the Body under A.R.S. 1381(A)(3)
This law makes it illegal to drive with active-marijuana in the body. A.R.S. §28-1381(A)(3) is a “strict liability” crime; it doesn’t matter whether or not the marijuana impaired the driver. The prosecutor only needs to prove that active-marijuana was in the body when driving.
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As a leading Gilbert DUI lawyer for cannabis, experienced criminal defense attorney Timothy J. Tobin has an outstanding record for success helping residents throughout the Valley with impaired driving charges they are facing. Arizona has a zero tolerance law, meaning that regardless of prescription, it is illegal for you to drive under the influence of cannabis. With help from Tobin Law Office, we can help with these charges. As a former prosecutor, Mr. Tobin is extremely familiar with both sides of the law, and brings years of experience to the table as your Mesa Marijuana DUI lawyer. Contact Tobin Law Office today for a free case evaluation and get the representation you deserve.
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Tobin Law Office is committed to being the most affordable Gilbert criminal defense lawyer and Marijuana DUI law office in the Valley by offering flat fee legal rates to help you with the legal battles that you are facing.
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The Tempe DUI lawyers at Tobin Law Office offer free case consultations for those who are facing a wide range of criminal charges including Marijuana DUI charges. Contact us today to schedule a free case evaluation with our team.
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As an additional part of our commitment to offer the most affordable services our Chandler criminal defense law office has to offer, we provide flexible payment plans so that your representation works to benefit you and your wallet.
Medical Marijuana Defense in DUI Cases
The Arizona Medical Marijuana Act (AMMA) is operated by the Arizona Department of Health Services and allows qualifying patients to use and possess marijuana. A qualifying patient is a person diagnosed and certified by a doctor as having a qualifying medical condition and issued an Arizona Medical Marijuana Registry ID Card.
In Arizona, a medical marijuana card is only an affirmative defense to one of the marijuana DUI charges. To the zero tolerance charge, under A.R.S. 1381(A)(1), having a marijuana card is not a defense; however, you can still argue that you weren’t impaired. Arizona DUI law has zero tolerance for driving while impaired by marijuana; it doesn’t matter if the driver had a card. The medical marijuana card does provide an AFFIRMATIVE DEFENSE to the drugged driving charge under 1381(A)(3).
Under the medical marijuana DUI defense, you may have active, therapeutic levels of marijuana in your system, so long as it’s not impairing you while driving. Unfortunately, this burden is on the Defendant. As such, the Defendant either needs to testify on his use of marijuana, or use an expert witness to discuss the theoretical effects of the alleged marijuana in the defendant’s body.
What Type Of Marijuana Must Be In The Body To Justify Prosecution?
Arizona’s DUI laws outlaw driving with THC in the body; THC is the psychoactive constituent of marijuana. A driver can also be prosecuted for any impairing marijuana metabolite found in the driver’s blood or urine sample.
So what is an impairing marijuana metabolite? When people hear the term metabolism, they think about how quickly someone processes calories from food and drinks. While this is true, metabolism more generally refers to how we break down and process things we put in our body, including marijuana. The body processes marijuana through many steps. When we process its active ingredient—THC—it’s converted into new chemicals known as marijuana metabolites. These metabolites can remain active and continue to impact the brain and body. Certain marijuana metabolites can cause impairment while being processed.
Marijuana’s active ingredient is THC; as such, you cannot have that in your system while driving. When your body processes or metabolizes THC, it turns into 11-Hydroxy-THC. It’s illegal to drive with Hydroxy-THC in your body because it can cause impairment. The body then further processes (or metabolizes) Hydroxyl-THC into 11-nor-9-Carboxy-THC. Carboxy-THC is NOT an impairing metabolite; and as such, a driver with only Carboxy-THC should not be prosecuted. Prosecutors will decline or dismiss a marijuana DUI if only Carboxy-THC is present. In 2014, the Arizona Supreme Court barred the prosecution of marijuana DUI when only Carboxy THC is present.
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Tobin Law Office is a top-rated misdemeanor cannabis DUI lawyer that provides high quality defense for those facing criminal charges throughout the Valley. Our Scottsdale DUI lawyers are five star rated on Google, Yelp, and AVVO and have an excellent reputation with the Better Business Bureau. Find out why our clients trust our team to look after their legal needs!
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“I first contacted Mr. Tobin after receiving a referral from a friend . . . He was professional, very friendly, and really took the time to fully understand everything I was dealing with. I have worked with other firms that are so-called prominent and very expensive, and the experience I had with Tim Tobin Law was a step above the rest. I will recommend Mr. Tobin to friends and family and will gladly work with his law office again.” — Mike F.
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“The attention to detail Tim made towards my case was more than I had ever expected. I'm so happy with the results, his firm definitely delivered. Instead of being charged by the hour for every phone call or every email, Tobin Law Office just charged me a reasonable one time fee. The information for my case was easily accessible any time through the firm's online portal. During the trial, Tim was on point and amazing to watch.” — Brent F.
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Our local Arizona Marijuana DUI lawyers are proud to offer consistent, effective, and affordable defense with help from our San Tan DUI attorneys. Our team is equipped to handle a wide range of DUI charges to help keep your rights intact. Our goal at Tobin Law Office is to ensure that you get the most effective and affordable representation in Arizona. Contact Tobin Law Office today to learn more.
How Do Police Identify And Test Drivers For Marijuana Impairment?
Unlike an alcohol test, which measures BAC levels and correlated levels of impairment, a reported marijuana level cannot conclusively tell us whether a driver was impaired. The test only estimates how much marijuana was in the driver’s system based on a sample of blood or urine. Thus, we’re often left with an officer’s biased, untrained, and subjective testimony; the Officer reports that he thinks the driver was impaired based on his non-medical observations.
Drug Recognition Experts (DRE’s)
To combat this shortcoming, law enforcement invented its own way to test for drug impairment. They created drug recognition programs, in which they appoint officers as drug recognition experts (DRE’s). These self-proclaimed experts take a brief law enforcement class and test that certifies them to recognize drug use and impairment. DRE’s are called out to marijuana DUI investigations to examine drivers suspected of marijuana use. There’s no outside scientific studies or entities to support law enforcement’s DRE programs; the DRE’s are only supported by their own biased studies, tests, and programs.
Problems with DRE Officers In Marijuana Cases
A major problem with DRE officers—in marijuana cases especially—is that they almost never admit a mistake when tests confirm there’s no active marijuana in the Defendant’s blood. Once they suspect past marijuana use, they’ll almost always testify that the driver smoked it recently and was impaired. For example, if a driver tells an officer that she has a medical marijuana card and smoked a day earlier, the officer will go on a fishing expedition to find marijuana and look for signs of recent use. This is classic confirmation bias, self-fulfilling prophesy, and avoidance of cognitive dissonance. Officers seldom admit error or wrong doing—especially when it comes to their own investigations.
Penalties for Marijuana DUI Charge
While a Defendant can theoretically be charged and convicted of both marijuana DUI charges, only one sentence can be imposed by the Judge.
Maximum Penalties for Marijuana DUI: A.R.S. 28-1381(A)(1) & 28-1381(A)(3)
- Jail: 180 days
- Driver’s License: 90 day suspension (no driving first 30 days / restricted driving last 60 days).
- Probation: 5 years
- Interlock Device: 6 to 12 months, when specifically ordered by the judge.
- Counseling: Alcohol/Drug Screening and Classes
- Community Service
- MVD Points: 8 points and Traffic Survival School.
- Insurance: Obtain SR-22 Insurance Policy for up to 3 years
Mandatory Minimum Penalties for Marijuana DUI under ARS 28-1381(A)(1) and 28-1381(A)(3):
- Jail: 10 days, but as little as 1 evening in jail, if your defense attorney negotiates for a suspended jail sentence with proof of completion of an alcohol/drug assessment and recommended classes.
- Money: Approximately $2,000 in fines, fees, assessments and jail costs.
- Counselling: Alcohol / Drug Screening and Recommended Classes.
- Driver’s License: 90 day license suspension (no driving first 30 days / restricted driving last 60 days).
- Interlock Device: As of January 1, 2017, there’s no interlock requirement for a non-alcohol DUI. The judge does, however, have discretion to add it on. If the judge elects to do so, you would have on your car for as little as six month so long as there’s successful compliance with routine device maintenance and never blowing a positive alcohol reading.
- MVD Points: 8 points, which triggers Traffic Survival School.
- Insurance: Obtain SR-22 Insurance Policy for up to 3 years (Can Sometimes be Avoided by serving an Admin Per Se Suspension up Front)
Mandatory Minimum Marijuana DUI under A.R.S. 28-1381(A)(1) and 28-1381(A)(3) IF previously convicted of any DUI offense in the past 7 years (84 months):
- Jail: 90 days, but as little as 6 days jail and 24 days home detention, if your defense attorney successfully negotiates for home detention with a suspended jail sentence; this requires proof of completing an alcohol/drug assessment and classes. Home detention, if available, entails wearing a continuous alcohol monitoring device on your ankle or blowing twice a day into a telephonic alcohol breathe testing device. You’re permitted to go to work while on home detention. Home detention isn’t available in superior court or justice court. If home detention isn’t available, a defendant, at a minimum, would have to serve 30 days jail, but can participate in the jail’s work release program after serving 48 hours. Work release permits you to leave jail 6 days a week, 12 hours a day.
- Money: Approximately $5,000 in fines, fees, and jail related costs.
- Driver’s License: Driver’s license is revoked for one year; however, after the first 45 days of the revocation period, you can apply for a restricted license, which allows you to travel to and from work, school, medical, and court related appointments so long as an ignition interlock device is installed on your vehicle.
- Interlock Device: As of January 1, 2017, there’s no interlock requirement for a non-alcohol DUI. The judge does, however, have discretion to add it on. If the judge elects to do so, you must have an interlock device on your car for 12 months.
- MVD Points: 8 points to MVR, which triggers Traffic Survival School.
- Community Service: 30 hours community service.
- Insurance: Obtain SR-22 Insurance Policy for up to 3 years
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When you are looking for affordable, fair, and effective marijuana DUI representation in Arizona, Tobin Law Office provides free, no-obligation consultations to ensure that we are the right fit for you and to give you peace of mind knowing that your rights are in our best interests. Five star rated on Google, Yelp, and AVVO, we have an A+ rating with the Better Business Bureau, making us the best choice to help with your cannabis DUI defense in Arizona. With personal attention and communication, we provide the most customer oriented experience to help with a wide range of criminal charges you are facing. Contact Tobin Law office today to schedule a free case evaluation.
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3100 W Ray Rd #201
Chandler, AZ 85226
1910 S Stapley Dr #221
Mesa, AZ 85204