How to Handle a Marijuana DUI Charge in Arizona

Handling a marijuana DUI charge in Arizona can be tricky business. The key to making sure your rights are protected in this situation is hiring a good lawyer, even if you have a medical marijuana card.

Arizona is home to some of the harshest DUI laws in the country. This is especially true when it comes to Marijuana DUIs. While these laws can impact anyone with Marijuana in their system, those who hold a Medical Marijuana card can also find themselves facing DUI charges, simply for consuming the Marijuana that they are legally permitted to use.

Under Arizona law, someone with active THC in their system can still be charged with Driving Under the Influence, even if they were not actually impaired at the time of their arrest.

Brian D, Sloan is the founder of The Arizona DUI Team, which has successfully defended more than 3,500 cases. He says there are a few important steps any Marijuana user should take if stopped under suspicion of DUI.

Medical Marijuana Patients

If you are an AMMA patient, but are not in possession of Marijuana, it is a good idea to not show the officer your Medical Marijuana Card or mention that you have one.

Exercise Your Right to Remain Silent

Most people hurt their case by choosing to answer every question an officer asks. Attorney Sloan says he has seen plenty of otherwise good cases turn bad because someone gave an officer everything they wanted to know. Attorney Sloan says the only thing you need to say to an officer is that you are invoking your Right to Remain Silent.

Refuse Field Sobriety Tests

The officer who pulls you over will most likely ask you to perform a series of field sobriety tests. These roadside tests will often include looking in your eyes, balance tests, and something known as a Drug Recognition Exam. Refuse all of these tests. There is no real consequence for refusing these tests, and it will prevent the officer from gathering evidence to be used against you.

Request a Lawyer Immediately

If the officer places you under arrest, request a lawyer immediately. You should be supplied with a phone book and a phone. Phoenix DUI Attorney Sloan recommends calling a lawyer for advice. He also says it would not hurt to inform the officers you are not refusing a blood/breath/urine test, you just want to speak to a lawyer first.

Do Not Refuse a Blood, Breath or Urine Test

Sloan says refusing a blood, breath and/or urine test will do nothing to help your case. He says police are likely to obtain a warrant to draw your blood if necessary, and refusing to take the test means your license will automatically be suspended for one year.

Hire a Lawyer as Soon as Possible

The best thing you can do for your case is to hire an experienced lawyer who focuses primarily on DUI Defense Representation. The laws surrounding Marijuana DUIs in Arizona are constantly changing and there are certain deadlines that must be met in order to fully protect someone charged with DUI.

About The Arizona DUI Team

The Arizona DUI Team is comprised of highly experienced DUI Defense Attorneys with a proven record of successful outcomes. The Team was founded by Attorney Brian D. Sloan in order to provide a higher level of representation for those charged with Driving Under the Influence in Arizona.

Learn more at or call 602-DUI-TEAM to schedule a free consultation. 

Media Contact
Company Name: Arizona DUI Team
Contact Person: Brian D. Sloan
Phone: 602-384-8326
Address:40 North Central Avenue #1400
City: Phoenix
State: AZ
Country: United States