Can You Get a DUI for Marijuana in Arizona? Here’s What You Need to Know
With marijuana now legal in Arizona, many people are wondering: Can I still get a DUI for driving under the influence of marijuana? The answer is yes, but the laws surrounding marijuana DUIs are more complex than alcohol-related DUIs.
Marijuana vs. Alcohol: The Key Differences for DUI
While alcohol has a clear legal limit in Arizona—a BAC of 0.08%—marijuana impairment doesn’t have a set “per se” THC limit. This means that even if THC is present in your blood, it doesn’t automatically make you guilty of a DUI. The state must prove that the THC impaired your ability to drive to at least the “slightest degree.”
Proving Impairment: The Challenge with Marijuana DUIs
Unlike alcohol, where impairment can be measured easily through BAC testing, marijuana’s effects are harder to quantify. Field sobriety tests, designed for alcohol-related cases, don’t accurately assess marijuana impairment. While they test physical coordination, they don’t measure how marijuana affects the brain and body in the same way alcohol does.
The Role of Drug Recognition Experts (DREs)
To help assess marijuana impairment, officers may call in Drug Recognition Experts (DREs). These experts conduct a series of tests, including checking heart rate and pupil dilation. However, these tests aren’t foolproof, and impairment is difficult to prove with certainty.
The Bottom Line: Marijuana DUIs Are Harder to Prove
Since marijuana is legal, DUI cases involving marijuana are more difficult to prosecute. Without a clear THC limit, prosecutors must prove impairment through less reliable methods. If you’re facing a marijuana DUI, a strong legal defense is essential.
Conclusion: Know Your Rights
If you’ve been charged with a marijuana DUI, it’s important to seek legal advice. An experienced DUI attorney can help challenge the evidence and work toward the best possible outcome for your case. Stay informed and understand that marijuana DUI laws are more complicated than alcohol-related DUIs, so always drive safely and responsibly.
An experienced criminal defense attorney/team can help you understand your rights, evaluate the evidence, and develop a defense strategy to reduce or dismiss the charges against you. Give us a call at (602) 497-3088 to speak with one of our experienced team members. At R&R Law Group, we offer free case evaluations to help you understand your legal rights and options, schedule now.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. If you have questions about Arizona’s weapon laws or are facing charges, we recommend contacting an attorney for guidance. At R&R Law Group, we specialize in criminal defense, and we’re here to help you navigate the complexities of your case.
