DUIC: What You Need to Know About Arizona DUI Laws and Marijuana

Many states have legalized the use of marijuana for both medicinal and recreational uses in recent years. This has led to a rise in concern surrounding the impact of cannabis use on driving ability. In the face of growing rates of legalization, law enforcement agencies are working to adapt laws and practices to deal with Driving Under the Influence of Cannabis, or DUIC, cases.

Does Legalization Impact DUIC Cases?

Despite the fact that more adults now report regular marijuana use than in the past, research shows that regular users in legal states are less likely to drive while under the influence of cannabis. In fact, Arizona has less DUIC arrests than other legal states. Experts argue that this is likely a result of more awareness, education, and guidelines.

These factors ensure that regular users have more knowledge about the dangers of driving under the influence of cannabis and are more likely to avoid it. ^[1]Dutra, L. M., Farrelly, M., Gourdet, C., & Bradfield, B. (2022, June). Cannabis legalization and driving under the influence of cannabis in a national U.S. sample. Preventive Medicine Reports, 27 … Continue reading It is essential that drivers are cautious and informed when using any substances, including marijuana, that may impair their driving abilities. This ensures fewer accidents and fatalities as a result of impaired driving.

How Does Marijuana Impact Driving Ability?

Marijuana, much like alcohol, can have a serious impact on an individual’s cognitive ability. Impaired cognitive ability can be extremely dangerous when driving. In order to safely operate a vehicle, you use various cognitive functions such as visual perception, motor skills, and working memory.

Any type of marijuana consumption, such as smoking or edibles, can impair cognitive ability. According to recent studies, some of the cognitive functions that are most affected by cannabis include the field of view, vehicle tracking, and time perception. When these functions are impaired, even slightly, it poses a serious safety risk. Experts recommend waiting three to four hours after cannabis consumption before driving. ^[2]Pearlson, G. D., Stevens, M. C., & D’Souza, D. C. (2021, September 24). Cannabis and driving. Frontiers in Psychiatry, 12. https://doi.org/10.3389/fpsyt.2021.689444

In the state of Arizona, as in several other states, marijuana is legal for medical and recreational use. In order to safely take full advantage of the benefits of marijuana, it is essential to understand Arizona’s marijuana laws. Being aware of how marijuana products affect you is also essential to safe driving and avoiding a DUIC conviction.

Arizona Medical Marijuana

While the legalization and use of marijuana have benefited a great number of people across the US, it also presents challenges related to DUI laws. With the prevalence of medical and recreational marijuana use on the rise, it’s important to understand how cannabis use impacts drivers in Arizona.

Can You Get a DUI For Medical Marijuana?

It is possible to get arrested for DUI connected to marijuana use, even if you are a medical marijuana card holder. It is important to note, however, that this is a conviction you can fight.

According to a case upheld by the Arizona Supreme Court in 2015, medical marijuana users can have their conviction examined using what is called an affirmative defense. This gives the arrested party an opportunity to prove that they did not have a high enough concentration in the body to impair their driving ability.

What Is the Legal Limit For Marijuana in Arizona?

While a DUI conviction could be overturned for a medical marijuana user, this is not the case for recreational users. Be aware of the limits on marijuana possession and use in Arizona.

Both medical and recreational marijuana consumption is legal in the state of Arizona. Still, there are still significant restrictions in place. To ensure the safe use of marijuana products, the Smart and Safe Arizona Act was voted into law in 2020. This law outlines all the requirements and allowances for recreational marijuana use.

Some of the allowances include:

Despite the legalization of recreational marijuana use, there are certain laws and restrictions that have not changed.

The most significant restrictions are:

If you fail to adhere to these laws, especially regarding DUIC, you could be arrested for a DUI. A DUI conviction, whether alcohol or marijuana-related, carries several major consequences.

What Is the Cost of a Marijuana DUI in Arizona?

According to the Arizona Department of Transportation, it is against the law for any person who is under the influence of alcohol or any drugs to drive any vehicle. ^[3]Arizona Department of Transportation. (n.d.). Driving Under the Influence (DUI). ADOT. Retrieved June 21, 2022, from … Continue reading As a result of this law, you can be arrested or charged with DUI if you are found to be driving while under the influence of marijuana.

There are three classifications of DUI in Arizona, but their specifics were written to pertain to alcohol intoxication. If you are found to have an alcohol concentration over 0.08 or to have drugs in your system you can be arrested and lose your license on the spot. Each DUI classification involves several levels of penalty, depending on the severity of the crime.

DUI

This charge stems from anyone driving while under the influence of alcohol or drugs. The severity of consequences depends on how many DUI offenses you have on your record.

Penalties for a DUI continue to become more severe as the charges grow.

Extreme DUI

A DUI conviction is considered extreme when the driver’s blood alcohol concentration is 0.15 or above. Again, the severity of consequences grows with each subsequent offense.

The final classification of DUI, Aggravated DUI, carries the most severe penalties.

Aggravated DUI

One consequence of a DUI conviction at any level is an ignition interlock device.

What Is a Certified Ignition Interlock Device?

These devices are intended to regularly monitor the driver’s alcohol content to avoid future DUI convictions.

A certified ignition interlock device is connected to the power and ignition of the vehicle. The driver must blow into the device to ensure that their breath alcohol content is below the appropriate levels. If it isn’t, then the car will not start.

Drivers must also retest at random intervals while they are driving. The Arizona Department of Transportation has certified installers to ensure that the device is fully functional.

So, Is It Legal to Drive With Marijuana in Arizona?

Marijuana users should be aware of these penalties when they are debating whether or not they are sober enough to drive. Even if you are a regular marijuana user and are familiar with the effects it has on your body, it is best to practice caution. There is no level of “high” currently deemed safe for driving. ^[4]National Institutes of Health, (2020). Does Marijuana Use Affect Driving? National Institute on Drug Abuse. Retrieved June 21, 222, from … Continue reading

If you have used marijuana products recently and need to get somewhere, consider these options to avoid marijuana-related DUI charges:

Make the Safe Decision

While being mindful of the laws surrounding marijuana and driving is essential to being a responsible cannabis user, it is important to recognize that legal cannabis has not created more accidents. Instead, it appears that the opposite may be true. So, continue to use marijuana wisely, then make a safe decision about traveling to your next destination.

Medical Disclaimer

The information, including but not limited to, text, graphics, images and other material contained on this website are for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified provider with any questions you may have regarding a medical condition or treatment.

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