Arizona Supreme Court Clarifies Marijuana DUI Rules
- Home /
- Arizona Supreme Court Clarifies Marijuana DUI Rules
As states around the country grapple with the effects of legalized marijuana use, Arizonas Supreme Court took the opportunity to clarify ambiguities in the states statutes. The Court held that drivers could only be arrested for DUIs if they were actually impaired by marijuana use, not solely because there were remnants of marijuana chemicals in their bloodstream.
If you have been injured in a car accident contact the dedicated car accident lawyers in Phoenix today for a free legal consultation.
How Marijuana Is Measured In Drivers
Previously, Arizona drivers could be arrested and charged with driving under the influence of marijuana if urine or blood tests revealed the presence of any marijuana metabolites. A metabolite is formed by the body during the process of degrading and eliminating a drug. Different types of metabolites can indicate a persons present intoxication, or could indicate that a person had used a certain drug in the past several days or weeks.
Marijuana use produces two main types of metabolites: one which causes impairment, and one which does not. The metabolite which does not cause impairment can be found in the bloodstream for several days or even several weeks after use.
Blood tests by the Arizona state police did not distinguish between any types of metabolites. If either type of metabolite was found, a driver could be arrested for DUI, even if he or she had not used marijuana for several days.
Arizona Supreme Court Ruling
The Arizona case in front of the Supreme Court came from a man who was stopped for speeding, and during the course of the conversation acknowledged smoking marijuana the previous night. The police had his blood drawn, which revealed marijuana metabolites, but not the kind which would cause impairment. He was arrested, charged, and convicted of driving under the influence of marijuana.
A state Court of Appeals upheld his conviction, and ruled that authorities could prosecute marijuana smokers for DUI even when there is no evidence of impairment. The man appealed this ruling to Arizonas Supreme Court, which held the opposite.
The Arizona Supreme Court rejected the States argument that the presence of any metabolites would be sufficient for an arrest. The Court explained that while Arizonas statutes make it illegal for a driver to be impaired by marijuana, the presence of a non-psychoactive compound in the blood does not constitute impairment under the law. Allowing arrests without a distinction as to which metabolites cause impairments and which do not would lead to absurd results.
Accordingly, the Supreme Court decided that a person cannot be prosecuted for driving under the influence unless that person is impaired at the time of the stop.
Impact on Other States
Twenty-one states have allowed medical marijuana use, while two states have allowed recreational use. The laws regarding what constitutes driving under the influence in these states vary wildly. Some states, like Arizona after this recent decision, require a driver to be impaired at the time of operation. Others have zero tolerance for the presence of any marijuana metabolites in a persons system, while still others have limits for the amount of active marijuana in a persons system (similar to .08 laws for alcohol use).
Unlike alcohol, no comparable marijuana test exists which police can perform at the time a person is stopped. While blood and urine tests do measure the levels of THC in a persons system, these tests cannot be performed at the roadside like a Breathalyzer. Under Arizonas new rules, police will need to rely on their observations and roadside sobriety tests to determine if a driver is impaired.
Arizonas Supreme Court decision may affect the decisions of other courts around the country. Last year, Michigans Supreme Court also determined that a person must be impaired in order to be charged with DUI. It remains to be seen what will happen as the countrys attitudes towards marijuana use change, but it is likely that more legislation and court decisions will come soon.
If you have been injured by an impaired driver, contact a Phoenix injury lawyer from the Phillips Law Group at 1-800-706-3000 . Our experienced personal injury and auto accident attorneys will fight to get you the compensation you deserve after an auto accident.
Free Case Evaluation
By submitting your contact information, you agree that we may contact you by telephone (including text) and email in accordance with our Terms and Privacy Policy

Your message has been sent
Thank you for your message, we will get back to you soon.
-
Many companies talk about teamwork but few practice it. Many companies talk about an employee friendly environment but few actually provide it. At Phillips Law Group the foundation of our success is making sure we work as a team and that we work in an environment that allows everyone to thrive and be at their best every day. Our firm understands that in order for the client to have a great experience the people responsible for that client’s case must be given all the necessary tools and encouragement to make that happen. That’s the Phillips Way. As a manager of this firm in charge of several employees as well as directly affecting the client’s experience I take tremendous pride in saying we live by these premises and we work hard to build on them and make them better every day. This is an amazing place because it has amazing people working here!
-
I enjoy my work day here at Phillips Law Group and generally speaking I love my clients. Every day brings a new client or task to keep me on my toes. Administration keeps open communication and is hilarious most of the time! I love the way we celebrate FRIDAY, holidays and birthdays and how everything is so competitive. All in all I’m so fortunate to be here and I enjoy what I do.
-
Although my accident was fortunately not a major one, The Phillips Law Group AZ treated it as such. Their staff, specifically Mr Juan Roque was very professional, courteous and most importantly very informative. Mr Roque's attentive service was phenomenal and I highly recommend this firm!
-
Liz was great
-
I would have no hesitation at all recommending Phillips Law Group. In particular, Juan Roque has impressed me with his professionalism, his integrity and his heart for the community!
-
I want to thank attorneys Tim and Robert and the paralegal Bethany for all they had done on my case. They were all empathetic, knowledgeable and professional. All my questions were answered, emails returned in a timely matter, and promises fulfilled. I recommend Phillips Law Group if you need help with your injury case.
-
Phillips Law Group provides a collaborative environment in which both attorneys and staff work together to achieve the best outcome for clients. As an attorney here at PLG, I’m lucky to be surrounded by seasoned attorneys and knowledgeable staff that share my enthusiasm for helping accident victims. The team here at PLG treats clients with respect and empathy while fighting hard to get the results they deserve.
-
My paralegal , Caroline , was on top of her game - very responsive and always answered any questions I had and in a timely manner . My attorney Rob ,was the best attorney I ever had . He explained everything in great detail and had a great sense or humor . He really knows how to bring light To tough , unfortunate situations - I would absolutely recommend them at anyone -
-
Great experience! Took care of pretty much everything, and I always felt like I want in good hands. Caroline Fa. was also a great help with everything. She always returned my calls and I never felt unheard. Even after my case she would still help me with my insurance documents.
-
PLG is the best! Highly recommend. Love that they do so much to help the community.