Marijuana DUI Charges out of Gilbert

A person charged with a DUI in Gilbert, generally, you think of alcohol mixed with driving. However, you can be arrested by Gilbert police and charged with a DUI if you display signs and symptoms of impairment consistent with being under the influence of marijuana.

Effect of Having a Medical Marijuana Card has on your Gilbert Case Defense

Medical marijuana is legal in Gilbert and statewide in Arizona, although its use is limited to purposes as proscribed by law. If you are charged with a marijuana DUI, having a medical marijuana card can be a critical factor in your case. A person prescribed medical marijuana, facing DUI Drug charges after being stopped by the Gilbert police, is a frightening prospect. It is important to have an attorney that has the knowledge laws specific to medical marijuana prescriptions and experience in these types of cases to get the best possible result in your Gilbert case. The lawyers at the Rosenstein Law Group are trained and experienced in all aspects of medical marijuana DUIs. They have worked on countless similar medical marijuana cases in Gilbert and courts throughout the valley. Craig Rosenstein is a lifetime member of the National Organization for the Reform of Marijuana Laws (NORML) national legal committee. Contact our office today to schedule your free consultation on your case at 480-248-7666.

Impaired to the slightest degree

If a person impaired by marijuana’s effects and is pulled over for driving, this person could face a conviction of driving while impaired by any drug to the slightest degree—regardless of whether or not you have a medical marijuana card. Nevertheless, the government must prove this to be true beyond a reasonable doubt. The attorneys at Rosenstein Law Group are practiced and aggressive in taking the government to task on this high burden.

Having marijuana in your body’s system

Having a medical marijuana card could have a positive impact on whether or not you face DUI charges under other sections of DUI laws. Unlike DUI for alcohol-related offenses, there are no numerical thresholds for drug DUIs. For example, at a minimum, Arizona DUI laws state that a person is guilty of a DUI 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.”     

Conversely, as it relates to the presence of marijuana in your system, you can be guilty of DUI for merely having a metabolite of marijuana in your system. Metabolites of marijuana can stay in the human body’s system for long periods, even though the impairment effects of marijuana have long since passed. Having a medical marijuana card in these circumstances could help your defense. Knowing the science surrounding the way the human body metabolizes marijuana, and the mechanics of the government’s testing procedures is critical in a marijuana DUI defense.

Penalties of Marijuana DUI in Gilbert

First-time criminal convictions for driving in Gilbert with marijuana in your system can result in penalties such as:  

  • A minimum of 1 – 10 days in jail,
  • Suspension of your driver’s license,
  • Fines and fees over $1,000,
  • Drug screening, which could result in education classes, counseling and/or rehabilitation treatment,
  • Probation and/or community service.

Individuals convicted of a second time DUI, any mixture of which could be drug or alcohol-related, more severe punishments are likely possible. Second-time marijuana DUI offenses generally included penalties including

  • Minimum 3 months in jail,
  • 1-year revocation of a driver’s license,
  • Fines and fees up to $3,000
  • Extended classes or court-ordered rehabilitation,
  • Extended probation and/or community service.

Third-time convictions for a marijuana DUI within seven years expose an individual to felony charges which come with very severe punishments, more heavy fines and fees, longer terms of probation, license revocation, and prison time. (See informational content relating to felony DUIs in Gilbert on this website for more information). Furthermore, a felony conviction in Arizona could stain your record for the rest of your life.

If you or someone you know has is facing Marijuana DUI Charges in Gilbert—call the Rosenstein Law Group. 

The legal team at Rosenstein Law Group, are extremely familiar with Arizona’s DUI laws, and regularly work with lawmakers on DUI laws and criminal justice issues. Our criminal defense attorneys are also very familiar with the science behind how the human body deals with marijuana and the testing procedures used by the government to attempt to detect the presence of marijuana in an individual’s system. If you, a loved one, or a friend have been arrested for a DUI involving marijuana—call the defense team you can trust at 480-248-7666 and set up a free consultation now.



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