In Arizona, you can now possess and grow small amounts of marijuana for recreational use. However, using marijuana in public is still illegal, as is driving under the influence of marijuana or any substance. Even if a person has a medical prescription for marijuana, they can still face charges for driving under the influence.
When you are pulled over and arrested for intoxicated driving, contact a Scottsdale marijuana DUI lawyer as soon as possible. During your investigation and throughout the legal process, the dedicated attorneys at Grand Canyon Law Group can protect your rights and work to preserve your way of life.
The science involved in marijuana DUI cases differs from those alleging alcohol intoxication. DUIs for alcohol usually rely on blood alcohol or breath alcohol concentration. The difference in 0.08 versus 0.20 BAC can vastly affect the potential consequences. For marijuana DUIs, the amount in a person’s system does not increase the possible penalties. However, a driver with only a small amount detected in their system may have an easier time arguing that they were not impaired by marijuana while behind the wheel.
In a marijuana DUI case, the prosecution must prove that the driver had an active metabolite of marijuana in their body and that it was enough to impair them. The police officer will use the blood test to show that the substance was in their system and will use all other circumstance evidence to prove impairment. This could include:
These are subjective measures of a person’s impairment, meaning a Scottsdale marijuana DUI lawyer could raise various defenses to the officer’s observations.
Drivers should understand their rights when pulled over for DUI, especially if they recently used marijuana. They should turn down the officer’s request for field sobriety tests, as there are no consequences for refusal. However, a driver may lose their license for a year for refusing a breath or blood test. In these cases, the driver should ask to speak with a Scottsdale attorney to discuss the potential consequences and benefits of refusing testing in a marijuana DUI case.
The potential penalties in a marijuana DUI case depend on several factors, including the driver’s prior criminal history. A first-time DUI conviction comes with ten days of jail time and around $2,000 in fines and fees. A first conviction may also come with court-ordered substance abuse classes and treatment, driver’s license penalties, and probation.
If a driver has a prior DUI in the past seven years, they face increased penalties. The potential jail sentence increases to 90 days, of which the court may suspend up to 60. Other aggravating factors could lead to felony DUI charges for marijuana intoxication, including:
A felony DUI comes with a minimum of four months in prison upon conviction. When the stakes are this high, anyone accused of driving under the influence of marijuana needs representation from a relentless attorney at our firm.
Being accused of driving under the influence of weed can lead to severe penalties. Working with a savvy lawyer who knows how to handle these specific charges can make all the difference in the outcome of your case. The Grand Canyon Law Group team can talk with the prosecutor, point out weaknesses in the case, and negotiate a positive outcome on your behalf. We are also prepared to take your case to trial and fight tirelessly for your rights.
Talk to a Scottsdale marijuana DUI lawyer as early as possible in your case. The sooner you reach out, the sooner we can begin building a defense strategy to protect your future.