Under A.R.S. § 28-1381, it is unlawful to drive or be in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, or a combination of substances. Arizona law also separately prohibits driving while certain prohibited drugs or their metabolites are present in the body.

For marijuana cases, however, Arizona does not have a general rule that a driver is automatically guilty of DUI simply because the person's THC level exceeds 5 nanograms per milliliter. The presence and amount of THC may be evidence considered in the case, but the legal analysis depends on the charge, the evidence of impairment, and whether the person was legally authorized to use marijuana. Arizona courts have specifically recognized that the state's medical marijuana law does not establish a universal 5 ng/mL per se DUI limit.

Somebody can receive a Class 1 Misdemeanor for the following behavior:

• The person has no prior DUI convictions or 1 prior DUI conviction within 7 years
• The person was impaired, even to the slightest degree

A Class 1 Marijuana charge for a first offender may result in up to 6 months in jail and $2,500 in fines. A 90-day driver's license suspension is also a possibility.

A Class 1 Marijuana charge for an offender with 1 prior conviction within 7 years can include the following:

• At least 90 days in jail and up to 6 months in jail
• Over $5,000 in fines
• Driver's license suspension for 1 year
• 30 hours of community service
• Higher car insurance premiums for 3 years

Somebody can receive an Aggravated DUI (a felony charge) if it's their third DUI conviction or a child under 15 was in the car at the time of the crime.

A felony marijuana DUI comes with a prison term, 3 years of license suspension, and supervised probation.

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How a Marijuana DUI Can Affect Immigration Status 

For non-U.S. citizens, marijuana DUI cases require especially careful analysis. The immigration consequences depend on the exact criminal charge, the factual basis for any plea, the person's immigration status and history, and how the case is ultimately resolved.

Marijuana remains a controlled substance under federal immigration law, even though certain marijuana possession and use may be lawful under Arizona law. Because of that difference between state and federal law, a marijuana-related conviction can create immigration concerns that may not exist in the same way with an alcohol-related DUI.

This is why the criminal defense strategy should consider immigration consequences from the beginning. In some cases, it may be possible to negotiate a resolution that avoids a marijuana-related conviction or otherwise reduces potential immigration consequences. No plea should be considered “immigration safe” without reviewing the exact statute, factual basis, sentence, and the individual's immigration history.

If you are not a U.S. citizen, you should speak with an attorney who understands both criminal defense and immigration law before accepting any plea agreement, even if the criminal charge appears minor.