Cannabis (aka Marijuana) and Other Drug DUI Laws in Arizona
Overview of Drug DUI Laws in Arizona
In Arizona it is illegal to drive a motor vehicle under the influence of Cannabis (aka marijuana) and other drugs. Arizona statutes such as A.R.S. §28-1381 and A.R.S. §13-3401 determine what is prohibited conduct while driving, and states what the penalties may be imposed for drivers who drive under the influence of drugs.
Specifically, it is illegal for a driver to be in actual physical control of any “motor vehicle in Arizona while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.” Some of the most important statutory language is:
Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; time limitation; violation; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver’s license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
The statute does not just stop driving any type of motorized vehicle while under the influence of any intoxicating substance, it also stops intoxicated driving while in actual physical control which includes not actively driving. For more on actual physical control, visit our blog on Arizona DUI (Driving Under the Influence)
Zero-Tolerance Policy
There is also a zero-tolerance policy in Arizona for drivers under 21 years old to operate vehicles while impaired by marijuana. If a driver drives while there is more than five nanograms per milliliter of active delta-9-tetrahydrocannabinol (THC) in their blood or urine within two hours of operating a vehicle, the driver will face likely criminal prosecution. It is also irrelevant whether the driver was impaired at the time of driving; only that metabolites of the drug are found in the driver's system. Metabolites are the remainder of the process when the liver breaks down a drug. Some drugs such as marijuana, can be found in a person’s system for weeks. This determination in Arizona statutes has recently been upheld by the Arizona Court of Appeals.
Possible Penalties
In Arizona, a drug DUI first offense is a Class 1 Misdemeanor. Penalties for a first offense include up to 6 months in jail; alcohol/drug screening and treatment that is both expensive and time consuming; and fines up to $2,500 plus additional surcharges. A driver might also be put on probation for up to 5 years. For someone that has any prior DUI convictions within the last 7 years and gets a second offense, the minimum penalty includes 30 days of jail, alcohol/drug screening and treatment, and up to 5 years of probation.
Testing for Drugs in a Suspect's System
When the police believe that someone has been driving under the influence of alcohol, they often ask the driver to take a breathalyzer test. In comparison, if the police believe that someone is driving under the influence of drugs, they often take a blood test. These blood tests detect both drugs and alcohol, whereas breath tests can only detect alcohol.
Determining how long any type of drug stays in someone’s system is a complex process. The simplest way to describe this is that as soon as someone takes a drug, no matter if it is by smoking, swallowing, snorting, or injecting the drug, it immediately begins breaking down in that person's body. As this process begins to happen, the drug leaves metabolites in that person’s system that can be tested. However, for police and experts to attempt to determine if someone was intoxicated by a substance during a certain time, tests must determine the “active” metabolites in that person’s system at that time. Inactive metabolites do not necessarily demonstrate that someone was intoxicated at any point. This is especially true with drugs like Cannabis.
Each type of drug stays in someone’s blood for different periods of time and the average time for each drug is shown below.
Cannabis (aka marijuana)– 336 hours
Cocaine – 48 hours
MDMA – 48 hours
Barbiturates – 48 hours
Methamphetamines – 37 hours
Heroin – 12 hours
Amphetamines – 12 hours
Morphine – eight hours
LSD – three hours
These lengths of time are only estimates; the actual time that a substance may stay in a specific person’s system will depend on multiple factors, including (1) the frequency with which that person generally uses the substance and in what amounts normally, (2) the person’s age, (3) the person's height, (4) the person's weight, and (4) other factors. Other forms of drug tests, like hair follicle and urine tests, can detect substance use in a person’s past for a longer time frame. These tests can show substance uses up to 90 days in the past.
Prescribed Medication
Someone can also be found guilty of driving under the influence of prescribed medication in Arizona pursuant to A.R.S. §28-1381. This can include lower doses of some prescription medications. With other types of prescription medications, higher levels can lead to a DUI conviction.
Schedule a Free Consultation Today
If you have been arrested for an Arizona drug DUI, including for Cannabis (aka marijuana), call The 928 Law Firm for immediate help. To learn more, and to schedule your free consultation, call (928) 255-8600 or fill out the form in the pop up on the bottom right corner of this website. The 928 Law Firm takes pride in helping all drivers in Arizona with any needs they may have.