Can you get a DUI for marijuana in Arizona?

Question

Accepted Answer

Yes — you can get a DUI for marijuana in Arizona, but only if you are actually impaired, not merely because marijuana shows up in your system.

On its face, it is unlawful to drive or be in actual physical control of a vehicle "while there is any drug defined in section 13-3401 or its metabolite in the person's body."  However, a person with metabolites or components of marijuana in the person's body is guilty of violating section 28-1381, subsection A, paragraph 3 only if the person is also impaired to the slightest degree.

Separately, it is unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug if the person is impaired to the slightest degree, and it is not a defense to such a charge that the person was legally entitled to use the drug under Arizona law.  The adult-use marijuana chapter likewise does not allow driving, flying or boating while impaired to even the slightest degree by marijuana and does not prevent the state from imposing penalties for it.

A conviction under section 28-1381 is a class 1 misdemeanor carrying mandatory minimum penalties, including jail time and fines.