Marijuana DUI Lawyer in Phoenix

If you're charged with a marijuana DUI in Phoenix, know you're not alone. Attorney Chad Pajerski, a board-certified criminal defense specialist with over 20 years of experience, is ready to assist you. If you or a loved one has been charged with a marijuana DUI, please contact us immediately for a free case evaluation.
Criminal Defense Attorney Chad Pajerski

Phoenix Marijuana DUI Defense

In Arizona, driving under the influence (DUI) isn't restricted solely to alcohol; it encompasses various substances, including marijuana. If you've consumed marijuana, be it through smoking or ingesting edibles, and then operated a vehicle, you could find yourself facing suspicion of DUI. Despite some studies suggesting that marijuana users tend to drive more cautiously, a conviction for DUI marijuana can result in severe consequences, such as jail time, fines, and a criminal record.

It's important to note that being charged with a DUI for marijuana doesn't automatically lead to a conviction. The state prosecutor must prove every element of the DUI offense beyond a reasonable doubt, a challenging burden to meet. If there's any doubt in the judge or jury's mind regarding your guilt, your charges may be reduced or dismissed. Consequently, it's crucial to seek guidance from an experienced DUI defense attorney in Maricopa County to build a strong legal defense tailored to your specific situation.

If you find yourself facing a marijuana-related DUI charge in Phoenix, it is crucial to reach out to an experienced criminal defense attorney as soon as you can. Our law firm not only offers top-notch courtroom representation but is also board-certified in criminal law. This certification signifies that our firm is held to an elevated standard of performance compared to other criminal defense practices throughout Arizona.

We are dedicated to working closely with you to protect your rights and pursue the best outcome possible given, the specifics of your case. To provide you with a clear understanding of your options, we offer a complimentary case evaluation. Don't hesitate to get in touch with us today to arrange a consultation. Your future may depend on it.

AACJState Bar
Arizona Certified Specialist
United States Supreme Court Seal
Bar Membership
Avvo 10.0 Rating
Why Clients Choose Chad Pajerski

Understanding DUI Laws in Phoenix

In Phoenix, driving under the influence of marijuana is prohibited under Arizona Revised Statutes section 28-1381(A), in addition to DUI involving alcohol and other controlled substances. This means that individuals who consume marijuana and then operate a vehicle can be pulled over and arrested for DUI. Section 28-1381(A) specifies that an individual can be charged with DUI if they drive or have actual physical control of a vehicle while:

Under the influence of any intoxicating substance, including marijuana, to the slightest degree, impairing their ability to drive safely.
They have any controlled substance or its metabolite in their body.

An individual can be charged with DUI marijuana if they exhibit any impairment, no matter how slight, and have any amount of marijuana, drugs, controlled substances, or alcohol in their system.

Actual Physical Control in Phoenix

To charge someone with DUI, they must either be driving the vehicle or have actual physical control (APC) of it. A motor vehicle is defined as a self-propelled vehicle or any vehicle propelled by fuel and operated on highways under Arizona law (ARS § 28-101(33)).

APC isn't precisely defined in Arizona law, but the Arizona Supreme Court ruled in Arizona v. Zaragoza that it depends on the totality of circumstances when the alleged offender's control of the vehicle posed a danger to the driver or the public at the time of arrest. This means that driving at the time of arrest isn't a strict requirement, and various factors, such as time of day, weather conditions, location within the vehicle, key placement, and the driver's state (awake or asleep), are considered.

Marijuana DUI Penalties in Phoenix

A first marijuana DUI conviction in Arizona, classified under Arizona Revised Statutes § 28-1381(C), is a class 1 misdemeanor and carries mandatory penalties, including:

  • A 10-day consecutive jail term.
  • A $500 assessment for the prison construction and operations fund.
  • A $500 assessment for the public safety equipment fund.
  • A 90-day driver's license suspension.
  • A fine of $250 or more.
  • Participation in an alcohol or drug education or treatment program.
  • Alcohol or drug screening.
  • Community restitution.
  • Installation of an ignition interlock device for one year or more.

A second marijuana DUI offense within 48 months of any prior conviction can lead to penalties including:

  • 30 or more hours of community restitution.
  • A $1,250 assessment for the prison construction and operations fund.
  • A $1,250 assessment for the public safety equipment fund.
  • A fine of $500 or more.
  • A mandatory 90-day jail sentence, with 30 days served consecutively.
  • A one-year driver's license suspension.
  • Participation in an alcohol or drug education or treatment program.
  • Alcohol or drug screening.
  • Installation of an ignition interlock device for one year or more.
Chad is your lawyer.
You will not be handed off to an associate attorney
Experienced working with all Phoenix courts.
Each court & judge require different communication styles in order to achieve the best outcome.
Patient, professional and sympathetic.
Criminal defense Law issues can be emotional and stressful. Chad is your advocate.
Knowledgeable counsel on your legal strategy.
Chad Pajerski is a passionate defender of his client's rights.
Quality & affordable representation.
Take comfort in knowing that you will never be price gouged for our high standards of service.

Contact An Experienced Criminal Defense Attorney

While marijuana use is legal for various purposes in Arizona, driving under the influence of marijuana in Phoenix remains a serious offense with substantial legal consequences. Understanding the laws surrounding marijuana DUI charges, including what constitutes impairment and how chemical tests are conducted, is crucial for anyone living in or visiting Phoenix. If you find yourself facing marijuana DUI charges, seeking legal counsel is your best course of action to protect your rights and minimize the potential penalties.

If you're in need of a skilled attorney to handle your marijuana DUI case in Phoenix or the greater Phoenix area, Chad Pajerski is your trusted partner for expert legal representation. Contact us today to schedule a free consultation and take the first step toward securing your rights and your future.

Criminal Defense Attorney Chad Pajerski
Board Certified Specialist in Criminal Law


Frequently Asked Questions
Open FAQ
Open FAQ
Open FAQ
Open FAQ
Open FAQ
Open FAQ


Need Help?
Free Consultation:
Mon-Fri: 9am to 6pm
Sat-Sun: 9am to 5pm
645 N 4th Ave Suite B1, Phoenix, AZ 85003

The information you obtain at this site is not, nor is it intended to be, legal advice. Pajerski Law's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Pajerski Law AddressPajerski Law Address
Case Types:
Free Consultation
Copyright © 2024 Pajerski Law. All Rights Reserved.
Designed by:
Lab Coat Marketing
Lab Coat Marketing