Arizona City, AZ asked in DUI / DWI for Arizona

Q: I'm trying to educated my 17 year old daughter of the legal consequences of driving while high on marijuana.

But I can't find any exact information, everything refers to alcohol. I would like to know about jail time, licence suspension, fines. For both her as a minor and her parent.

Related Topics:
2 Lawyer Answers
Matthew Maerowitz
Matthew Maerowitz
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Great place to look is Chapter 4, Title 28 of the Arizona Revised Statutes. It's available online to the public at https://www.azleg.gov/arsDetail/?title=28

K. Bryan Goodman
K. Bryan Goodman
Answered
  • DUI & DWI Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The statutes are difficult for a lot of people to understand so I will try to break it down. Marijuana is different from a DUI involving alcohol. Unlike alcohol, there is no "legal limit" when it comes to marijuana. Because marijuana is an illicit substance, having any amount in your system is considered illegal and subjects you to a DUI conviction. This means, the state does not have to prove you were impaired while driving, just that you had the illegal substance in you system while you were operating a motor vehicle. Clearly this is problematic since marijuana stays in your system long after the intoxicating effects have worn off. This means, if your daughter causes an accident and the police determine they should draw her blood and they find marijuana - she could face serious charges including aggravated assault (a felony). If your daughter is simply stopped and the officer believes she is under the influence of marijuana, they will draw her blood. If they find marijuana in her system, they can charge her with a Drug DUI. She would be subject to mandatory jail time (minimum of one day - max of 6 months), loss of license, about $1,500 in fines, increase in insurance rates, possible SR22 insurance requirement, and probation. Hope that information helps.

**This information does not apply to those people that have an Arizona Medical Marijuana card.**

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.