A medical marijuana cardholder stopped for speeding in Mesa returned a 0.00 BAC but tested positive for THC at 11.12 ng/ml. The State filed two DUI charges. Future First ran an evidentiary hearing on the impairment theory and got both DUIs reduced to Reckless Driving with zero days actually served.

At a glance

Court	Mesa Municipal Court
Original charges	DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI – Drug or Metabolite (ARS § 28-1381(A)(3)), Class 1 Misdemeanor
State’s opening offer	Full DUI conviction with 10 days of jail (9 suspendable on counseling), roughly $1,604 in fines and assessments, mandatory substance abuse counseling, IID for 6 months, MADD victim impact panel, traffic survival school, and license suspension
Result	Both DUI charges dismissed via plea to Reckless Driving (ARS § 28-693(A), Class 2 Misdemeanor); 0 days jail (all 10 jail days postponed and never imposed); $750 in fines and fees; no IID; no counseling; no probation
Eligibility for set aside	Approximately 2022 under ARS § 13-905 (immediate upon sentencing)
Eligibility for sealing	Approximately 2024 under ARS § 13-911, two years after sentence completion under the Class 2 Misdemeanor wait

The stakes

The client was stopped in Mesa in 2021 after driving over the speed limit. The officer ran a DUI investigation. The client holds a medical marijuana card and admitted using marijuana earlier in the evening. BAC came back at 0.00. THC tested at 11.12 ng/ml plus marijuana metabolites.

The State filed two DUI charges: ARS § 28-1381(A)(1) (impaired to slightest degree) and ARS § 28-1381(A)(3) (drug DUI). The State’s opening offer was a full DUI conviction with 10 days of jail (9 suspendable on counseling), roughly $1,604 in fines and assessments, mandatory substance abuse counseling, IID for 6 months, MADD victim impact panel, traffic survival school, and license suspension.

What we did

Future First built the case around the defense angles. Clean HGN test (0/6 clues). Valid medical marijuana card. Anxiety-related body tremors the officer logged as impairment signs. A no-driving-impairment narrative the field sobriety performance did not contradict cleanly. The firm filed a Motion to Dismiss and ran an evidentiary hearing.

The hearing did not produce a dismissal, but the leverage shifted the negotiation. In 2022, after the firm pressed the case, the State agreed to dismiss both DUI charges and let the client plead to Reckless Driving (C2M). No jail served (all 10 jail days postponed and never imposed). $750 total in fines and fees. No IID. No counseling. No probation. The case became eligible for set aside under ARS § 13-905 immediately upon sentencing in 2022. Eligible for sealing records under ARS § 13-911 in 2024.

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If you’re a medical marijuana cardholder facing a drug DUI in Arizona

Arizona’s drug DUI statute under ARS § 28-1381(A)(3) covers driving with any drug or its metabolite in the body. Marijuana metabolites can stay in the body for weeks after use, well past the point where the THC has any impairing effect. The Arizona Supreme Court’s decision in Dobson v. McClennen (2015) recognized that medical marijuana cardholders have a defense to (A)(3) charges when they can show the THC concentration was not at a level sufficient to cause impairment.

The Horizontal Gaze Nystagmus (HGN) test is one of the standardized field sobriety tests officers use to evaluate impairment. A clean HGN result (0 of 6 clues) is significant defense evidence because HGN clues are consistent with alcohol impairment, not THC-only cases. When the officer reports impairment signs that the HGN does not corroborate, the impairment theory weakens.

Evidentiary hearings are an underused leverage tool in DUI cases. Even when the hearing does not produce a direct dismissal, the process forces the State to commit to its proof in front of a judge. The exposure shifts the negotiation. Prosecutors who would have insisted on a DUI conviction often soften their posture after defense work exposes proof problems on the record.

Future First Criminal Law has handled medical marijuana DUI cases across Maricopa County and Arizona. We know how Mesa Municipal Court and other municipal courts evaluate Dobson defenses and HGN-based impairment challenges.

Related resources

Arizona DUI defense — full overview of how we handle every tier of DUI charge
Set aside and sealing in Arizona — how to clean up your record after a DUI case

Call us

Facing a drug DUI in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of Arizona DUI cases at every tier. The earlier we are involved, the more options you have.

Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona DUI law, visit the Arizona State Legislature website.