What Does the State Have to Prove to be Found Guilty of Driving While High?
Generally speaking, in a most DUIs, the State must prove your guilt, beyond a reasonable doubt. However, in a driving while high case, the burden of proof often shifts to the criminal defendant.
State v. Dobson
Those accused of driving while high that have a medical marijuana card (AMMA Card) often carry the burden of proof. If the State alleges that you are operating a motor vehicle while impaired by marijuana they must prove that the active THC impaired your ability to drive to “at least the slightest degree.” However, when the State alleges a violation of ARS 28-1381A3, in a marijuana case, the defendant has the burden of proving that the THC was “in a concentration insufficient to cause impairment.” This additional requirement demands the assistance of an experienced marijuana DUI lawyer.
Impairment “to the slightest degree”
After the Harris case, it became clear that to convict someone of driving while high, the prosecutor must provide evidence that the person was under the influence of marijuana, and that he or she was impaired. Typically, the evidence (other than the results of a chemical test) will come from the testimony of a police officer. The officer may say that your eyes were bloodshot, that you were unable to follow a light with your eyes, that you did not follow instructions, that your coordination was poor, or one of many other observations.
Most police officers, however, have little or no expertise in evaluating whether a person is impaired by marijuana, or any other drug for that matter. Even those who claim to be Drug Recognition Experts (DRE) often have little training in the area. A Phoenix marijuana DUI lawyer with experience defending those charged after driving while high, can often lessen the impact of such testimony, either through cross-examination or by countering with an expert for the defense.
At Feldman & Royle, our Phoenix marijuana attorneys understand what needs to be done and have significant experience representing those who have been charged with DUI after driving while high.
Defenses to Marijuana DUI Charges in Phoenix, Arizona
Facing marijuana DUI charges in Phoenix can feel overwhelming—but a charge is not the same as a conviction. Arizona has strict laws regarding drug-related DUI offenses, but these cases often involve complex science, subjective interpretation, and legal nuance. At Feldman & Royle, we understand how to challenge marijuana DUI allegations strategically and effectively.
If you’ve been accused of driving under the influence of marijuana, knowing your legal options is critical. Below are some of the most effective defenses our experienced Phoenix DUI attorneys may use in your case.
- No Evidence of Impairment
Unlike alcohol, marijuana doesn’t have a universally agreed-upon legal limit. Arizona law makes it illegal to drive while “impaired to the slightest degree,” but this is open to interpretation. You may test positive for THC long after the effects have worn off.
Defense Strategy: We may argue that although marijuana metabolites were present in your system, they did not impact your driving ability at the time of the arrest. Scientific studies support the claim that THC can linger in the body for days or even weeks after use.
- Invalid or Inaccurate Testing Procedures
Blood testing is the standard method for detecting THC levels in Arizona DUI cases. However, errors can occur in both the collection and analysis stages.
Defense Strategy: Our team may challenge the chain of custody, improper blood draw procedures, or the calibration and maintenance of testing equipment. Even minor missteps can compromise the validity of the test results.
- Lack of Probable Cause for the Traffic Stop
Officers must have a legal reason to stop your vehicle, such as a traffic violation or erratic driving.
Defense Strategy: If the officer lacked probable cause, any evidence obtained after the stop—such as field sobriety tests or blood results—may be inadmissible in court. We scrutinize dashcam footage, police reports, and dispatch logs to identify constitutional violations.
- Unreliable Field Sobriety Tests
Field sobriety tests (FSTs), such as the one-leg stand or walk-and-turn, are often used to establish impairment. But these tests are subjective and were originally designed to detect alcohol intoxication—not marijuana impairment.
Defense Strategy: We may argue that your performance on FSTs was affected by factors like fatigue, nervousness, or physical limitations, rather than impairment by marijuana.
- Medical Marijuana Use and Legal Protections
Arizona voters legalized medical marijuana under the Arizona Medical Marijuana Act (AMMA). This law offers certain protections for patients who are registered cardholders.
Defense Strategy: If you are a valid medical marijuana cardholder, we may argue that the presence of THC in your system does not equate to impairment. The prosecution must still prove that your ability to operate a vehicle was affected.
- Contesting Officer Observations
An officer’s observations—such as red eyes, odor of marijuana, or slow speech—can be highly subjective and open to interpretation.
Defense Strategy: These signs could result from allergies, fatigue, or other medical conditions. We challenge the credibility of the officer’s testimony and look for inconsistencies in their report.
- Insufficient Evidence Beyond a Reasonable Doubt
The cornerstone of criminal law is that the prosecution must prove guilt beyond a reasonable doubt. This applies in marijuana DUI cases as well.
Defense Strategy: If the state’s case relies on weak scientific evidence, conflicting witness statements, or questionable observations, we work to raise doubt in the minds of jurors. Doubt equals acquittal.
Penalties for Marijuana DUI
A first-time marijuana DUI offense in Arizona is typically classified as a Class 1 misdemeanor. Penalties may include:
- A minimum of 10 consecutive days in jail, with the possibility of reducing this to one day if the offender completes court-ordered drug or alcohol screening and classes.
- Fines and court costs totaling $2,000 or more.
- A 90-day driver’s license suspension, with the potential to obtain a restricted license for the last 60 days.
Repeat offenses or aggravating factors can lead to more severe penalties, including longer jail time, higher fines, and extended license suspension.
