Arizona enforces a zero-tolerance policy for driving under the influence of marijuana. If you received a charge for a marijuana DUI, you could face jail time, heavy fines, or a license suspension.
A Phoenix Marijuana DUI defense attorney can investigate the incident and develop a strong defense to help you get your charges reduced or dropped. Common defenses in these cases include a lack of probable cause, the police didn’t read your Miranda rights or pulled you over illegally, you weren’t intoxicated at the time of the stop, and you had a valid medical marijuana card.
Just because you have received charges for a marijuana DUI doesn’t mean you have to deal with a conviction and the consequences. Whether it’s the first, second, or subsequent offense, a Phoenix defense attorney can fight your DUI charges.
Your lawyer could raise these defenses:
For law enforcement to pull you over, they must have a reasonable suspicion that you showed signs of driving under the influence of marijuana, like swerving in and out of lanes or driving too fast or slow for road conditions. Officers cannot pull you over just because they have a feeling you did something wrong.
If your attorney finds that law enforcement didn’t have reasonable suspicion, they can request the court to throw out whatever evidence they collected at the scene.
If law enforcement officers want to search a vehicle or conduct a breathalyzer test, they must have probable cause, like you had bloodshot eyes. Your attorney can build a handful of defenses to this claim.
Examples could include:
When police make an arrest, they must read you your Miranda Rights, which protect your right to refuse to incriminate yourself. If law enforcement officers did not read you your Miranda Rights, a defense attorney could try to have anything you said and other evidence collected at the scene dismissed.
A Phoenix marijuana DUI defense attorney can provide evidence indicating you were not under the influence of marijuana at the time of the traffic stop. They can work to have the case dropped if the police officers cannot provide evidence that shows you were high beyond a reasonable doubt during the traffic stop.
Arizona’s Arizona Medical Marijuana Act means that those who suffer from qualifying medical conditions can possess and use medical marijuana with a prescription. Once they register with the Arizona Department of Health Service, this card allows them to purchase and use cannabis.
In Dobson v. McClennen, the court ruled that the medical marijuana cardholder should not receive a DUI if the minimal amount in their system didn’t impair their driving. The law refers to this as an affirmative defense.
If the police still charged you with a marijuana DUI, a criminal defense attorney can help establish that your driving was not impaired and challenge the officer’s account of the arrest and what led up to it.
If a police officer pulls you over because they suspect you of driving under the influence of marijuana, you should know your rights.
Taking these measures can protect you:
If you receive a charge for a marijuana DUI, you might benefit from hiring a Phoenix criminal defense lawyer.
While you take care of yourself, they can:
When the prosecution sees you represent yourself in a marijuana DUI case, they could take advantage of the situation and walk all over you. Hiring legal representation can equip you to stand up to them and obtain a successful outcome.
On top of managing all the legal aspects of your case, a criminal defense attorney can provide optimal client care for you. For example, they should provide frequent updates on the status of your case to keep you in the loop.
If you ever have any questions regarding the legal process or your case, more specifically, see if they encourage you to reach out to them at any time for clarification. Showing that they want to ensure you’re comfortable and at ease during this difficult time indicates their dedication and commitment to you.
Arizona law states no one can drive or have physical control of a vehicle in Arizona while under the influence of intoxicating drugs that impair them to the slightest degree. If the police suspect you have any drug metabolite in your body, you could receive a marijuana DUI charge. A marijuana DUI charge constitutes a class 1 misdemeanor.
The more offenses you’ve had with the same charge, the more likely you could face harsher penalties.
If you receive a conviction for a marijuana DUI for the first time, you could face:
If you receive a conviction of a marijuana DUI for the second time or subsequent offenses within seven years, you could face:
If you receive a charge for aggravated DUI, you could face harsher punishments. You would typically face this charge while your license is suspended or you allegedly commit a third DUI within an 84-month span. You could also receive an aggravated DUI charge if someone under the age of 15 is in the vehicle during the time of the traffic stop.
If you receive a conviction for an aggravated DUI, you could face:
You could have to deal with the consequences of an aggravated DUI for years. A marijuana DUI defense attorney can help you build a case against these charges.
When you receive a conviction of a marijuana DUI, it can stay on your record for the rest of your life. It’s important to know the other consequences you could face if you have a conviction on your record. These consequences don’t relate to the law but could affect you in the future.
These consequences include:
A criminal defense lawyer can fight for you to avoid a marijuana DUI conviction. Jail time and large fines are intimidating, and it could threaten your life and livelihood. When looking for a lawyer, check out their reviews and bio to see their successes and qualifications for this type of case. A law firm will use their knowledge and experience to develop a solid defensive strategy that’s unique to your situation.
While every case is different, having your charges dropped or reduced can help you get your life back. You don’t have to face these legal challenges alone an expert lawyer can help you.
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