Arizona Marijuana DUI Laws Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified card holder for Arizona medical Marijuana use, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store, A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws: Arizona Revised Statutes “A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; 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….

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…

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.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….” (Cited in Part: Arizona State Website azleg.state.az.us/)

Arizona DUI with Marijuana Testing | DUI Marijuana evidence The most common way Arizona police test for DUI with Marijuana is through blood testing and Urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The prosecution will usually insist without justifiable circumstances that the blood or urine testing is accurate and admissible as evidence to use against you. A good Arizona defense Attorney will examine the evidence to determine if a compelling argument can be made to suppress it and file the proper motions.

Arizona Marijuana DUI Penalties Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Phoenix DUI convictions. References are from A.R.S. 28 – 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC……………… 24 Hours in Jail • Second DUI (non-extreme) .08+ BAC……………..30 Days in Jail • First DUI Extreme .15+ BAC ……………………. .30 Days in Jail • Second DUI Extreme .15+ BAC……………………. 120 Days in Jail • First DUI Super Extreme .20+ BAC……………….. 45 Days in Jail • 2nd Super Extreme .20+ BAC……………………..180 Days in jail • Felony DUI (with aggravated classification)……4 Months in Prison . Arizona Marijuana DUI Defense Attorney The criminal justice system in Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Arizona prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be the your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

more For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many other DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free “Arizona Winning DUI Defense Strategies” © books written by winning defense Attorney James Novak, which includes “101 AZ DUI Defenses” ©.

If you have been arrested for any Tempe DUI other criminal charge, contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Tempe Arizona and valley wide within Maricopa County. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

“An Extreme DUI charge may be reduced or dismissed with a good AZ DUI lawyer“.

An AZ DUI charge will be escalated to an “Extreme DUI” charge when A DUI when the body’s Blood Alcohol Content (BAC) exceeds 0.15%. The levels are usually determined by a breathalyzer test or blood test. A BAC exceeds 0.20 is designated as a “Super Extreme” which carries even more severe penalties and incarceration time. If you have been charged with any kind of extreme DUI, it is critical that you consult the best Arizona DUI Attorney you can find. Make sure the AZ DUI Attorney is well versed and defends extreme DUI cases frequently in the jurisdiction, county, or court for which you have been assigned to appear.

The consequences of an AZ extreme DUI are devastating and among some of the most severe in the county. Arizona prosecutors want convictions. Know that just because you have been charged, does not mean you will be convicted. If you have been charged with an AZ extreme DUI first offense, here are your options:

A. Do nothing. Accept that you could potentially receive up to the max for first offense: 1) Minimum 30 days jail and up to 6 months, 2) vehicle impound 3) Ignition interlock device 4) Ninety days driver’s license suspension 5) Mandatory alcohol/drug counseling 6) Probation B. Ignore your court date, and fail to appear at the required date and time. This will result in an immediate warrant issued by the judge for your arrest.

C. Go to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is extremely risky and dangerous. The results can land you with the maximum penalties. The prosecutors know the protocol, the evidence, how to argue your case, how to get you to incriminate yourself, how to make their case stronger, and will ignore any weaknesses or flaws in your case. You will most likely end up with the results in option A. above.

D. Hire the best AZ criminal defense or AZ DUI Attorney you can find to fight for you and defend your case. Hire an experienced AZ DUI lawyer to defend your Arizona DUI charges. A good DUI attorney will fight to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this.

A good AZ DUI Attorney will examine evidence or lack thereof; determine if there were any violations of your constitutional rights, reason for the DUI stop, probable cause for your arrest, handling of all evidence, crime lab methods of testing, proper implementation of field sobriety tests, reliability of testing, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Arizona Criminal Defense or DUI attorney. A good private practice DUI Lawyer may be able to challenge such issues to suppress evidence, get your case dismissed, a “not guilty”, or a reduction of your AZ DUI charges. Option D. gives you the greatest chance at freedom and a new start without devastation of an AZ DUI conviction.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Arizona , Arizona , and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.