Marijuana or Drug-Related DUI Lawyer Phoenix

Facing a DUI charge in Arizona is serious—but when the charge involves marijuana or other drugs, the situation becomes even more complex. Drug-related DUI offenses carry severe penalties, even if the drugs involved were legally prescribed or recreationally used under state law. If you’ve been charged, working with a dedicated Marijuana or Drug-Related DUI Lawyer in Phoenix is critical to protecting your rights and your future.

At Attorney Josh, we understand that a drug DUI is not like an alcohol DUI. The legal thresholds, defense strategies, and science are different—and we treat it that way. Led by Joshua A. Lopez, Esq., we deliver Strong Defense. Strong Results. through smart strategies and aggressive legal tactics tailored to your case.

Arizona’s Strict Drug DUI Laws

Arizona has some of the toughest DUI laws in the country. Under A.R.S. § 28-1381(A)(1), it is illegal to operate a vehicle while “impaired to the slightest degree” by any drug—whether it’s marijuana, prescription medication, or illegal substances.

There are two ways you can be charged with a drug-related DUI in Phoenix:

1. Impairment-Based DUI: Police allege you were impaired by a drug at the time of driving—even if no measurable amount was found in your system.
2. Per Se DUI (A.R.S. § 28-1381(A)(3)): You had any measurable amount of a listed drug (or its metabolite) in your system, even if you weren’t impaired.

This is where the help of an experienced Marijuana or Drug-Related DUI Lawyer in Phoenix becomes invaluable.

Marijuana DUIs: Legal Use Can Still Lead to Criminal Charges

Although recreational marijuana is legal in Arizona for adults over 21, that doesn’t give you a free pass to drive after consumption. Unlike alcohol, there is no specific “legal limit” for marijuana. Even trace amounts of THC or its metabolites in your system could result in a DUI arrest—especially if the officer believes you’re impaired.

The Legal Grey Area

• You may legally use marijuana under Prop 207, but police can still arrest you if they subjectively believe you were impaired while driving.
• THC can stay in your system for days or even weeks after use, long after its impairing effects have worn off.
• Arizona courts have debated the validity of metabolite-based charges, but they can still be used aggressively by prosecutors.

That’s why you need a Marijuana or Drug-Related DUI Lawyer in Phoenix who understands the science, the legal interpretations, and how to protect your rights.

Common Drugs That Can Lead to a DUI Charge

Drug DUIs aren’t limited to marijuana. You can be charged if you’re suspected of being impaired by:

• Prescription drugs such as Xanax, Ambien, Oxycodone, or Adderall
• Over-the-counter medications that cause drowsiness
• Illegal drugs like cocaine, heroin, methamphetamine, ecstasy, etc.
• Cannabis (medical or recreational)

Even if you have a valid prescription, being impaired while driving is still illegal.

Penalties for Marijuana or Drug-Related DUI in Phoenix

A first-time conviction for drug-related DUI can lead to:

• 10+ days in jail (some may be suspended with treatment)
• Fines and assessments exceeding $1,500
• Mandatory drug counseling and screening 
• Driver’s license suspension for 90 days or more 
• Probation 
• Ignition Interlock Device (less common for drug DUIs, but possible)
• Permanent criminal record 

Repeat offenses or aggravating factors (like an accident or a minor in the car) can result in felony charges, longer jail time, and higher fines.

Building a Strong Defense Against Drug DUI Charges

At Attorney Josh, we don’t treat your case like a routine DUI. Drug DUI cases require a unique and aggressive approach. Our strategy includes:

1. Challenging the Traffic Stop

Did the officer have reasonable suspicion to stop you? If the stop was unlawful, all evidence gathered afterward can be suppressed.

2. Questioning the Drug Recognition Evaluation (DRE)

Many Phoenix DUI arrests involve a Drug Recognition Expert evaluation. These are subjective tests with limited scientific backing. We carefully analyze the DRE report for inconsistencies.

3. Disputing the Toxicology Results

We examine:

• How the blood or urine sample was collected
• Whether proper protocols were followed
• The accuracy and calibration of lab equipment
• Whether the metabolites tested are active (impairing) or inactive

We work with forensic toxicologists to challenge weak or flawed evidence.

4. Showing Legal Use of Medical Marijuana or Prescription Drugs

If you’re a medical marijuana cardholder or took medication as prescribed, we use that to challenge claims of impairment. Legal use is not illegal driving—and that distinction matters.

How a Drug DUI Can Impact Your Life

Aside from legal consequences, a drug-related DUI can affect nearly every area of your life:

• Employment: Many employers perform background checks or have zero-tolerance policies.
• Professional Licenses: Nurses, doctors, teachers, and CDL holders are at higher risk of losing their credentials.
• Insurance: Expect premium hikes or cancellation of coverage.
• Travel: Certain countries may restrict travel for individuals with DUI convictions.

Hiring a knowledgeable Marijuana or Drug-Related DUI Lawyer in Phoenix is your best chance to reduce or avoid these long-term consequences.

Why Choose Attorney Josh for Your Defense?

With offices in both Phoenix and Scottsdale, Attorney Josh provides accessible, aggressive, and highly personalized criminal defense for clients facing DUI charges.

Smart Legal Tactics

We anticipate the prosecution’s strategy, challenge assumptions, and leverage every legal angle in your favor.

Strong Courtroom Experience

Joshua A. Lopez, Esq. is no stranger to trial. We’ve achieved dismissals, not-guilty verdicts, and reduced charges for numerous clients.

Transparent Communication

We treat our clients with respect. You’ll never be left guessing about the status of your case or your options.

Full-Service DUI Representation

From MVD hearings to court trials, we handle every stage of your DUI defense—so you can focus on moving forward.

Frequently Asked Questions

Can I be arrested for marijuana DUI if I wasn’t high?

Yes. If any amount of THC is found in your system and the officer believes you were impaired, you can be charged—even if you don’t feel impaired.

Can I still drive if I have a medical marijuana card?

Yes, but driving while impaired is still illegal. Your card is not a defense if the officer or toxicology report suggests impairment.

Do I need a lawyer for a first-time drug DUI?

Absolutely. Even first-time convictions carry serious penalties. Without legal help, you risk jail time, license suspension, and a permanent record.

How We Can Help

If you’ve been charged with a marijuana or drug-related DUI in Phoenix, you need more than just a lawyer—you need a strategy. At Attorney Josh, we deliver just that. Our firm is built on the principle that smart legal strategies create strong results—and we use every tool at our disposal to fight for your rights and freedom.

Whether you’re facing your first arrest or have prior offenses, we’re ready to stand in your corner. Don’t wait until it’s too late. Reach out to Attorney Josh today to schedule a confidential case review and start building your defense.