Scottsdale Marijuana DUI Lawyer

Marijuana DUI Attorney in Scottsdale, AZ

In Arizona, it is now legal to possess and even grow certain amounts of recreational marijuana. However, using this substance is still considered illegal in public spaces, and driving under the influence of marijuana is against state law. Whether you have been pulled over on North Pima Road and arrested or you were caught smoking and driving in Whisper Rock, it is imperative that you reach out to a Scottsdale marijuana DUI lawyer who can protect your rights. 

Trust Davidson Criminal Defense & DUI Law Firm With a Marijuana DUI

At Davidson Criminal Defense & DUI Law Firm, our criminal defense attorneys have over 20 years of experience handling complicated DUI cases. We’re here to handle your case with the personal attention it deserves and listen to your side of the story. Our team understands just how confusing the court system can be, and whether your case is handled through the Scottsdale City Court or the Maricopa County Superior Court, we can help.

Understanding Marijuana DUI Charges in Scottsdale

In Scottsdale, a marijuana DUI charge is a serious criminal offense and should not be taken lightly. You can be convicted of this charge if you are found to be in actual physical control of a vehicle while under the influence of THC. Even marijuana that is used for medical purposes can diminish your ability to drive and could result in DUI charges.

Being in actual physical control means that you do not actually have to be driving when the offense takes place. In cases of marijuana DUI charges, the courts and prosecution can look at various factors to determine if you were in actual physical control. These factors include:

• The time of day the arrest took place
• The surrounding weather conditions
• Where you were located in the vehicle when the arrest took place
• Where the keys were located at the time of your arrest
• Whether you had already pulled over prior to the arrest
• Whether the vehicle was currently running or the engine was off
• Whether you were asleep or awake

In Scottsdale, there are also two main marijuana DUI laws that can apply to your case. These laws include:

• Impaired to the slightest degree. Under this state law, it is illegal to drive while you are allegedly under the influence of any kind of drug, as long as that drug impairs you to even the slightest degree. This includes any form of marijuana or THC. According to one study, 24.5% of past cannabis users have reported past DUI charges due to their cannabis usage. If you have been charged due to the slightest degree of impairment, we can help.
• Drug DUI. In Arizona, this law makes it illegal for an individual to drive with any kind of drug or a drug metabolite in the body. The difference is that when a charge involves this law, the prosecution does not need to prove you are suffering from any impairment. As long as the substance is in your system, you can be charged.

Common Defense Strategies for Marijuana DUI Charges

If you or a loved one is arrested for marijuana DUI charges, legal action is available. At Davidson Criminal Defense & DUI Law Firm, we make it our mission to defend those accused of criminal acts.

According to one study, nearly 33% of teen drivers think that it is legal to drive under the influence of marijuana in states where it has been legalized for recreational purposes. This is simply not the case, and when your teen or you yourself have been charged with a drug DUI, our Scottsdale marijuana DUI attorney is here to defend you. Common marijuana DUI defense strategies include:

• In certain cases, the possession of a medical marijuana card
• Suffering an illegal traffic stop
• Improperly administered field sobriety or chemical tests
• Violation of your constitutional rights
• Inaccurate chemical testing

FAQs

What Aggravating Factors Can Lead to a Felony Marijuana DUI Charge in Arizona?

There are several aggravating factors that can lead to a felony marijuana DUI charge in Arizona. First, if you have a prior DUI of any kind on your record for a certain amount of time, then the penalties you face can increase. Additionally, if you were driving on a suspended license or were driving with a child under a certain age inside your vehicle, you could face felony charges.

How Long After Smoking Can I Be Arrested for a Marijuana DUI?

After smoking, you can be arrested for a long period of time for a marijuana DUI. This is because THC, the psychoactive ingredient in pot or marijuana, can stay in your system for several days after smoking. In certain cases, THC could show up on a blood test days or even weeks following the act of smoking, which will result in DUI charges.

What Are the Penalties for an Arizona Marijuana DUI?

In Arizona, the penalties you can face for a marijuana DUI conviction can vary, depending on the exact circumstances of your case. Typically, this crime is charged as a Class 1 misdemeanor, meaning you could face up to 180 days in jail, a maximum fine of $2,500 plus a surcharge, and up to 3 years on unsupervised probation.

Is Arizona a Zero Tolerance State for Marijuana DUI?

Yes, Arizona is a zero-tolerance state when it comes to marijuana DUIs. This means that any kind of marijuana usage behind the wheel of a motorized vehicle can result in DUI charges, even if you do not have enough THC in your system to be considered “high.” It also means that even in cases where your driving is not impaired, you can still face charges for having any trace of cannabis in your system.

Hire a Marijuana DUI Lawyer Today

If you or a loved one has been arrested for driving under the influence of recreational marijuana, now is the perfect time to hire a marijuana DUI lawyer serving Scottsdale residents. At Davidson Criminal Defense & DUI Law Firm, we have an established track record of success when it comes to criminal defense, and while past results do not guarantee future outcomes, we are here to defend you to the greatest extent of our ability. Contact us to schedule a free consultation.