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Marijuana use has created many complex questions and grey areas within the law. As this substance has become more popular for medicinal and casual use, more people have voiced concerns about how it could impact driving under the influence (DUI) charges. This leads to one of the more common questions surrounding marijuana. Can you get a DUI for marijuana in Flagstaff, Arizona?
While some people view smoking marijuana as akin to smoking a cigarette, others point to its ability to impact perspective and function, likening it more to alcohol or other intoxicating substances. When you understand how Arizona classifies the substance legally as it pertains to drivers, you can potentially navigate a marijuana DUI case more strategically.
When most people think about DUIs, they typically associate them with alcohol. However, Arizona law 28-1383 states that any intoxicating substance can be grounds for a DUI. Specifically, it states that a charge can be made if “the person is impaired to the slightest degree.”
While medical marijuana users are permitted by law to possess up to 2.5 ounces of usable marijuana, they too can be charged with a DUI if it is believed that the presence of marijuana metabolites in their system impairs their driving ability.
Unlike alcohol, there is no legal limit for THC in Arizona for drivers on the road. Officers may make a case for a driver’s impairment based on:
The more open interpretation for determining marijuana-based impairment is based on how this substance can impact each person differently. This is due to differences across strains of the substance and to differences in tolerance levels based on body type, usage habits, and the presence of other substances in the system.
One of the most common misunderstandings regarding the legality of marijuana deals with its allowable usage. Some people assume that since the substance is fully legal in Arizona, they can’t go to jail because of it. While some laws govern its use, law enforcement has discretion to observe and assess driver impairment from this substance, just as it would for any other.
Another common misconception is that being charged with a marijuana DUI automatically equates to guilt. When you hire an experienced DUI lawyer in Flagstaff, AZ, you can potentially challenge any accusations of impairment by disputing evidence of reckless behavior, visible signs of intoxication, or even the provable presence of marijuana in your system. A lawyer with marijuana DUI case experience can help you determine if you have grounds to challenge a charge.
Since marijuana’s legalization, it has generated over a billion dollars for the state, including over $250 million in 2024. This has resulted in a great deal of investment in the state from both residents and outsiders, and the emergence of many marijuana-influenced businesses, including gift shops, medical centers, and bars
In 2023, nearly one-fifth of Arizona residents had tried marijuana. About 88,600 people were part of the state’s medical cannabis program in 2024, which is about 1.17% of the population. While this growing popularity shows more people are experimenting with the substance, it also creates a unique situation where many people are unaware of the Flagstaff DUI laws regarding marijuana intoxication while driving.
Many people who face marijuana DUI charges may feel surprised, confused, and frustrated. DUIs of any kind are common among people with no prior legal issues. Because of this, many first-time offenders may try to talk their way out of a charge. Some may point to the substance being legal, while others will mention they only had a small amount.
However, this can backfire, as it may provide the prosecution with material they can use against you. If an officer pulls you over and begins investigating for possible impairment, it’s important not to make any official statements and instead ask to speak to a DUI attorney.
Flagstaff DUI cases can be handled by multiple courts. The Flagstaff Municipal Court handles lesser cases and those within city limits. The Flagstaff Justice Court, part of Coconino County, handles cases outside the city limits and those with more serious implications, such as repeat-offender cases. Specialty DUI courts may also be used in some cases.
Yes, a first-time DUI offense can result in lesser punishment. The first offense can result in 1-10 days in prison, a $250 base fine, and a 90-day license suspension. Repeat offenses can result in months of jail time, fines double or triple the initial amount, and a license suspension of up to a year.
No, a medical marijuana card on its own cannot reduce a DUI charge. Drivers can be accused of impairment for this substance just as they could be for any other type of prescription medicine. However, charges can be disputed based on procedural violations, questionable reasons for traffic stops, and debatable evidence of impairment.
If a DUI charge is reduced, it could be downgraded to a traffic citation or charge for negligent driving. This could be the case if you were pulled over for violations such as driving over the line, failing to signal, or ignoring traffic signs. This is preferable to a DUI charge, as it can help you avoid jail time and license suspension.
Due to the often misunderstood nature of marijuana laws, a person can face legal trouble without realizing they did anything wrong. Sometimes, using this substance casually or medically, then going for a drive, can result in a legal nightmare. However, you’re not alone.
At The Kaiser Law Group in Flagstaff, we are experienced, compassionate, and aggressive in our pursuit of justice. We can explore every legal option, drawing on our 35 years of experience to help protect your rights and clear your name. Contact us today to get started.
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Suite 100
Flagstaff, AZ 86001
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