Problems with Marijuana Based DUI in Arizona

October 16, 2012

Arizona law prohibits drivers from operating motor vehicles while under the influence of drugs and alcohol. The legislature has designated a number of criminal offenses based on the level of impairment, the driver's blood alcohol level, as well as whether an accident occurred (e.g. misdemeanor DUI, felony DUI, extreme DUI). If blood, urine or breath tests show a blood alcohol level of .08 or above, a driver is presumed to have committed a crime

While a correlation can be drawn between BAC and impairment, this parallel does not necessarily exist when considering marijuana based DUIs.

This distinction is critical, especially given a plain reading of Arizona's DUI law (ARS 28-1381) which prohibits anyone from driving or being in physical control of a vehicle if they have any amount of illicit drugs in their system (including cannabis, cocaine, and other hallucinogenic substances). Arizona is one of a handful of states where drivers with any detectable level of controlled substances in their bodies can be charged with a crime.

This could have severe and unintended consequences on people who may legally use marijuana for medicinal purposes. (Arizona voters approved a medicinal marijuana use law in 2010.) Essentially, trace amounts of THC can show up in a person's blood days after a person used marijuana. For those who medicate on a regular basis, an elevated level may be found even though the person exhibits no symptoms of impairment. So while a driver may not be impaired as contemplated under the DUI statute, they may be charged with a crime simply by having marijuana in their system.

Also, no immediate chemical tests are available to measure a driver's level of THC impairment. Because of that, police officers must rely on special training to recognize objective signs of recent marijuana use. However, officers may misinterpret signs of marijuana use if they are not drug recognition experts. Many states, including neighboring Colorado, are revising laws dealing with THC impairment because of these issues.

Despite these challenges, a number of district attorneys rely on the plain reading of the statute, and warn that they will charge drivers with DUI drug offenses if they have any amount of marijuana in their system while behind the wheel. They reportedly will make no exception for people with legally recognized marijuana cards.

If you have been charged with a marijuana related DUI, an experienced Arizona criminal defense attorney can advise you of your rights and options.

Article provided by Law Office of Vladimir Gagic PLLC
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