Like many other states, Arizona has legalized the recreational use of marijuana. But Arizona also has strict laws related to driving while impaired by marijuana and other drugs.
This article explains how Arizona's DUI laws apply to marijuana and other drugs as well as the penalties you'll face for a drug DUI conviction.
Arizona's DUI laws generally prohibit driving or being in actual physical control of a vehicle while under the influence of drugs (or alcohol). Drug use can result in a DUI conviction in several ways.
Prosecutors can prove a drug DUI by showing that the driver was actually impaired by drugs. For purposes of the state's DUI laws, being "under the influence" includes being impaired to the "slightest degree."
Proof of impairment might include blood test results, expert testimony, and the observations of the arresting officers such as unsteady eye movement and slurred speech.
A physician's prescription is not a legal defense for DUIs based on impairment.
A driver can also be convicted of a DUI if he or she has any measurable amount of a dangerous drug in his or her system. Arizona's statutory list of dangerous drugs includes street drugs like cocaine and methamphetamines but also many prescription medications.
Holding a valid prescription may be a legal defense in DUI prosecutions based on the presence of a dangerous drug in the driver's system (but not a DUI based on actual impairment).
Marijuana isn't on the dangerous-drug list. However, a driver can still get a marijuana DUI based on impairment.
Drugged driving is generally a misdemeanor and the penalties are the same as those for drunk driving. Arizona counts all prior DUI offenses within the last seven years.
First offense. A first drugged driving offense will result in at least ten days in jail and $1,250 in fines and fees. The jail term can be reduced to one day if the offender completes a treatment program. The court can also order the use of an ignition interlock device (IID).
Second offense. A second drugged driving offense will result in 90 days in jail (at least 30 days before probationary release), at least $2,500 in fines and fees, and a one-year license revocation. A restricted license may be available to the offender after completing 45 days of the revocation.
Treatment. All offenders must also obtain an alcohol and drug evaluation as part of probation. Failure to complete screening and recommended treatment can result in additional penalties.
Any subsequent drugged driving violation will be an aggravated DUI and carries felony penalties.
At the time of arrest, the officer will likely request the driver submit to a chemical test to determine the concentration of drugs in the driver's system. A driver with any amount of dangerous drug will be suspended for 90 days. A restricted license is usually available after 30 days of suspension.
If you've been arrested for driving under the influence, it's a good idea to get legal assistance. An experienced DUI attorney can tell you how the law applies in your case, let you know what you're facing, and help you decide on the best course of action.