Tempe Marijuana DUI Lawyer

Marijuana DUI Attorney in Tempe, AZ

When a night out leads to marijuana DUI charges, the consequences can be severe, including potential jail time, heavy fines, and license suspension. You should contact a Tempe marijuana DUI lawyer at Davidson Criminal Defense & DUI Law Firm as soon as possible to review your case and explore your legal options.

How Davidson Criminal Defense & DUI Law Firm Can Help

At Davidson Criminal Defense & DUI Law Firm, we have over 20 years of experience dedicated to resolving complex DUI and criminal law cases. When you hire a marijuana DUI lawyer at our firm, our Tempe marijuana DUI attorney can give your case personal attention, answering any legal questions you may have along the way.

We also understand the courts and know how intimidating the court system can be. When your marijuana DUI case goes through the local Tempe Municipal Court, we can help with every step of the process, meeting all important deadlines and requirements. 

What Is a Marijuana DUI?

A marijuana DUI in Arizona is a criminal offense, categorized under A.R.S. § 28-1381, which makes it illegal to operate or be in physical control of a vehicle while impaired by marijuana or with active THC/metabolites in your system. 

Approximately 4.7% of Americans over 16 years old report driving under the influence of marijuana. In the past year, 11.7 million drivers drove under the influence of selected illicit drugs, including marijuana.

Key aspects of a marijuana DUI in Arizona include:

• Impaired to the slightest degree. You can be charged if your ability to drive is impaired to the slightest degree by marijuana. This does not require a specific high level of impairment, just any noticeable impairment.
• Active vs. inactive metabolites. For a conviction, Arizona courts require proof that you were impaired by active THC or that the metabolite in your system was capable of causing impairment.
• Zero tolerance for drugs. Arizona law allows for a DUI charge if any drug, including marijuana or its metabolite, is in your body while driving, subject to statutory and case law limitations.
• Medical marijuana protection. A medical marijuana card is not a get-out-of-jail-free card when it comes to marijuana DUIs. While cardholders have an affirmative defense, meaning they can argue they were not actually impaired, they can still be arrested and charged if police believe they were impaired.
• Testing method. Because marijuana cannot be tested via a breathalyzer, police typically request a blood or urine test to detect the presence of THC and its metabolites.

Marijuana DUIs impact more young drivers than any other age group. More young drivers ages 16-20 drive under the influence of cannabis (6.3%) than alcohol (2.6%), with 24.5% of past-year cannabis users reporting a past-year DUI of cannabis. If you are a young driver facing DUI charges, you do not want this kind of offense on your long-term record. An attorney can help you seek reduced penalties where possible.

Marijuana DUI Penalties

Driving under the influence of marijuana carries severe penalties that often mirror those for alcohol-related impaired driving, including potential jail time, heavy fines, and license suspension. These consequences can be life-altering, and trying to navigate them on your own can be challenging without the professional help of a Tempe marijuana DUI attorney.

Marijuana DUI Defenses

Defending against a marijuana DUI is distinct from alcohol-related cases because THC testing does not directly measure impairment at the time of driving. Common defenses focus on challenging the accuracy of tests, the lack of actual impairment, and the legality of the police stop. An experienced lawyer can carefully review and challenge all evidence against you.

When it comes to arguing against the accuracy of tests, we may be able to challenge the allegation that you were driving impaired simply because a chemical test detected THC in your system. Because THC is detected in blood and urine for days or even weeks, it can be difficult to pinpoint exactly how much active THC was in your system at the time of the stop.

Why Should I Hire a Marijuana DUI Lawyer?

Hiring a Tempe marijuana DUI lawyer at Davidson Criminal Defense & DUI Law Firm is crucial because, unlike alcohol, there is no universally accepted legal impairment limit for cannabis, making these cases highly technical, subjective, and defensible. In addition to helping you navigate complex marijuana DUI laws, we can provide a strong and strategic defense to protect your rights.

FAQs

When Should I Contact a Marijuana DUI Attorney?

You should contact a marijuana DUI attorney immediately, ideally within hours of your arrest or, if possible, during the investigation phase before formal charges are filed. Because marijuana cases involve complex blood testing and strict statutory standards, securing legal counsel right away is critical to protecting your rights and avoiding license suspension.

Can I Smoke Marijuana in My Car in My Front Yard in Arizona?

No, it is not legal to smoke marijuana in your car, in your front yard, in Arizona. While Proposition 207 legalized recreational marijuana for adults over 21 years of age on private property, it explicitly prohibits consumption in public places, open spaces, and in motor vehicles. Even if the vehicle is off, you are still in control of it and could face DUI charges.

Can I Refuse a Drug Test During a DUI Stop?

You can physically refuse a chemical drug test in Arizona, but doing so triggers immediate, severe consequences under the state’s Implied Consent Law. Refusal results in an automatic 12-month driver’s license suspension for a first offense, and the officer will likely obtain a warrant to take your blood by force.

Is it Legal to Have Marijuana in the Car?

Yes, it is legal to have marijuana in a car in Arizona if you are an adult over 21 years of age, but it is highly regulated. Specific rules apply to avoid criminal charges. As of 2026, you can legally transport up to one ounce (28 grams) of marijuana or five grams of concentrate in your vehicle. It is important to keep the container sealed and avoid consumption while operating a vehicle.

Schedule Your Free Consultation Today

When you are facing a marijuana DUI in Tempe, it can be a challenging time, and you may not know where to turn. The good news is, our Tempe marijuana DUI lawyer at Davidson Criminal Defense & DUI Law Firm has the skills and experience to build a strong defense for your case. Contact us to schedule your free consultation and protect your freedom today.