Marijuana or Drug-Related DUI Lawyer Scottsdale

Arizona law doesn’t take DUI charges lightly—especially when they involve marijuana or other drugs. Even with the legalization of recreational cannabis in the state, driving under the influence of marijuana or any drug (prescription or illegal) is still a serious criminal offense. If you’ve been charged, it’s essential to consult with an experienced Marijuana or Drug-Related DUI Lawyer in Scottsdale immediately.

At Attorney Josh, we focus on one thing: delivering Strong Defense. Strong Results. Founded by Joshua A. Lopez, Esq., our criminal defense law firm represents clients throughout Scottsdale and Phoenix, offering smart legal tactics that are tailored to each case. If you’re facing a marijuana or drug DUI, we can help you protect your license, your freedom, and your future.

Understanding Drug-Related DUI Charges in Arizona

In Arizona, DUI charges are not limited to alcohol. According to A.R.S. §28-1381(A)(1), a person can be charged with DUI if they are “impaired to the slightest degree” by any drug, legal or illegal. This includes:

• Marijuana (even if lawfully possessed)
• Prescription medications (Xanax, Oxycodone, Ambien, etc.)
• Over-the-counter drugs that impair driving (e.g., Benadryl)
• Illicit drugs (meth, heroin, cocaine, etc.)

Unlike alcohol DUIs, there is no specific legal limit for drug impairment. That means a DUI can be charged based purely on officer opinion, field sobriety tests, and drug recognition evaluations—even if no active drug is found in your system.

This ambiguity makes drug DUI cases more complex—and more defensible—with the right Marijuana or Drug-Related DUI Lawyer in Scottsdale.

Marijuana DUI in a Post-Legalization Arizona

While marijuana is legal for recreational use in Arizona for adults 21 and older, driving while impaired by marijuana is still a crime.

There are two ways a marijuana DUI can be charged:

1. Impairment-Based DUI (A.R.S. §28-1381(A)(1)): You were driving while impaired by marijuana “to the slightest degree,” regardless of how much was in your system.
2. Per Se DUI (A.R.S. §28-1381(A)(3)): You had an active marijuana metabolite (like THC) in your blood within two hours of driving.

The challenge? THC can remain in the bloodstream long after impairment ends. You may not be impaired, but a blood test could still show marijuana use—making an aggressive legal defense crucial.

At Attorney Josh, we understand the science behind marijuana metabolism and fight to keep non-impairing THC evidence from being used against you.

Penalties for a Drug-Related DUI in Scottsdale

A first-time marijuana or drug DUI is typically a Class 1 misdemeanor, but the penalties are still significant:

• 10+ days in jail (with some days possibly suspended)
• Fines and court costs of $1,500 or more
• Driver’s license suspension (typically 90 days)
• Mandatory drug/alcohol education and treatment
• Probation up to 5 years
• Ignition Interlock Device (not always mandatory for drug DUIs but may be ordered)
• Permanent criminal record

Repeat offenses or the presence of aggravating factors (like a child in the vehicle) can elevate the charge and lead to harsher penalties or felony classification.

That’s why working with an experienced Marijuana or Drug-Related DUI Lawyer in Scottsdale is so important from day one.

Defenses to Marijuana or Drug-Related DUI Charges

Unlike alcohol-related DUI cases, drug DUI cases are often more subjective, offering more opportunities to challenge the charges. At Attorney Josh, we take a strategic approach—analyzing every angle of the stop, arrest, and testing process.

1. No Actual Impairment

We challenge whether you were truly impaired at the time of driving. Having THC in your blood does not prove current impairment.

2. Improper Field Sobriety Tests

These tests are not reliable indicators of marijuana or drug impairment and are often administered incorrectly.

3. Faulty Blood Test Procedures

Drug tests must follow strict collection, storage, and analysis protocols. Chain-of-custody errors can invalidate the results.

4. Illegal Stop or Arrest

If officers lacked probable cause to stop or arrest you, we can move to have the case dismissed entirely.

5. Medical Marijuana Cardholders

Holding a valid medical marijuana card may affect how impairment is assessed and whether per se charges are appropriate.

We use science-backed arguments, expert witnesses, and deep legal knowledge to build your defense. As your Marijuana or Drug-Related DUI Lawyer in Scottsdale, our job is to expose weaknesses in the prosecution’s case and push for reduced or dismissed charges.

Prescription Drug DUIs: A Hidden Legal Trap

Many Arizona residents are surprised to learn they can be arrested for DUI while taking lawfully prescribed medication. Even if you took your medication exactly as prescribed, if it affects your ability to drive safely, you can be charged.

Commonly involved drugs include:

• Painkillers (Oxycodone, Vicodin)
• Anti-anxiety meds (Xanax, Valium)
• Sleep aids (Ambien, Lunesta)
• Muscle relaxants
• ADHD medications

Even mixing legal drugs with alcohol or other substances—even at low doses—can lead to a drug DUI.

As your Marijuana or Drug-Related DUI Lawyer in Scottsdale, Attorney Josh will assess whether your prescription defense applies and whether the prosecution can truly prove impairment.

What to Do After a Drug-Related DUI Arrest

If you’ve been arrested for DUI involving marijuana or drugs in Scottsdale, here’s what you should do immediately:

1. Do Not Admit to Using Drugs

• Anything you say can be used against you. Politely ask to speak with an attorney.

2. Request Legal Representation

• Ask for Attorney Josh at the first opportunity to protect your rights.

3. Preserve Your Memory

• Write down everything you remember from the stop, including how long ago you used marijuana or took medication.

4. Don’t Assume You’re Guilty

• Drug DUI charges are highly defendable. Don’t plead guilty without exploring your options.

6. Act Quickly

• You may need to request a Motor Vehicle Division (MVD) hearing within 15 days to contest license suspension.

With Attorney Josh, you don’t have to navigate this alone. We’ll handle both your criminal defense and your MVD case, so nothing slips through the cracks.

Why Choose Attorney Josh?

When it comes to defending against marijuana or drug-related DUI charges, not all lawyers bring the same experience or mindset. At Attorney Josh, we take pride in our ability to think like prosecutors—but act as strategic defenders.

Smart Strategies

We go beyond the surface, digging into lab reports, police protocols, and legal nuances to uncover your best defense.

Strong Results

From case dismissals to charge reductions and non-jail sentencing, our firm has delivered powerful outcomes for clients across Scottsdale and Phoenix.

Personalized Representation

You’ll work directly with Joshua A. Lopez, Esq.—not a junior associate—every step of the way.

Local Court Experience

We know the prosecutors, judges, and procedures in Maricopa County, and we use that insight to your advantage.

Compassionate, Confidential Service

We understand the stress you’re under. Our team treats you with respect, discretion, and urgency—because your future matters.

How We Can Help

Being arrested for a marijuana or drug-related DUI doesn’t make you a criminal—but it does mean you need serious legal help. The prosecution is already building its case against you. It’s time to build yours.

At Attorney Josh, we deliver strategic, science-based, and aggressive defenses to help you avoid the devastating consequences of a conviction.

Whether it’s marijuana, prescription medication, or another substance, we’ll fight to:

• Challenge the evidence
• Protect your license
• Minimize or eliminate jail time
• Avoid a criminal record if possible
• Defend your reputation and your future

You made a smart choice by seeking legal help. Now let’s take the next step together.

Contact Attorney Josh today for a free consultation.
Strong Defense. Strong Results.