DUI Penalties for Marijuana Possession and Use

Jun 1, 2016 — by James E. Novak Attorney PLLC
Tags: Dui Marijuana

A person behind barsWhile marijuana is also a controlled substance and it's illegal to drive under the influence of marijuana, the laws related to marijuana DUI will differ from traditional drunk driving laws. There is a matter of use of an illicit substance to consider on top of potential possession as well as driving while under the influence of this controlled substance.

At The Law Office of James Novak, we are committed to helping the people of Phoenix get a fair shake from the law. We offer drunk driving and drug DUI defense, and want to make sure the system is fair rather than stacked against the people. There are many factors to consider when it comes to marijuana penalties during a DUI arrest. Let's cover some of the basics so you understand how serious these cases can be.

Marijuana Possession Penalties

If you are found in the possession of marijuana for personal use (i.e., less than 2 lbs), you may be charged with a felony or misdemeanor. The penalties can range a great depending on the nature of the case, but you may incarcerated anywhere between 6 months to 18 months and face fines ranging from $750 to $150,000.

If you are found in the possession of marijuana with an intent to sell or distribute the marijuana, you will likely be charged with a Class 4 Felony. Penalties include incarceration for 1 to 4 years as well as fines up to $150,000.

First Offense Marijuana DUI

For first offense marijuana DUI, the penalties are as follows:

  • Jail time of 10 days to 180 days
  • Fines of at least $1,250
  • License suspension for 90 days
  • Up to 5 years of probation
  • Community service
  • Enrollment in alcohol/drug treatment program

Second Offense Marijuana DUI

A second offense marijuana DUI means a second arrest within 7 years of the first offense. For second offense marijuana DUI, the penalties are as follows:

  • Jail time of 90 days to 180 days
  • Fines totaling approximately $3,500
  • License revoked for 1 year
  • Up to 5 years of probation
  • Community service (minimum 30 hours)
  • Substance abuse evaluation

Keep in mind that additional penalties may apply depending on the nature of the second offense.

Third Offense Marijuana DUI

Like a second offense, a third offense marijuana Dui means a third arrest within 7 years of the first offense. For third offense marijuana DUI, the penalties escalate a great deal. Charges and penalties are as follows:

  • Charges with a Class 4 Aggravated Felony
  • Minimum 4 months in prison
  • Vehicle may be seized by state of Arizona
  • Fines of up to $150,000
  • License revoked for 3 years
  • Up to 5 years of probation

Additional Penalties to Consider

There are additional penalties involved or enhanced penalties involved depending on the circumstances of a DUI arrest. Most importantly, keep the following instances in mind:

  • DUI with a Child Under Age 15 in the Vehicle – This is considered a Class 6 Felony and Aggravated DUI.
  • DUI with a Suspended/Revoked Driver's License – This is also considered a Class 6 Felony and Aggravated DUI.

Learn More About Arizona Marijuana Laws

To learn more about marijuana and other drug possession charges and what your legal rights may be, be sure to contact a skilled criminal defense attorney today. The team at The Law Office of James Novak will work with you to ensure you receive ample information on your legal options.

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