Arizona Upholds DUI Test for Marijuana

A recent Arizona court of appeals ruling has given authorities the right to prosecute marijuana smokers for DUI even when there is no evidence that the person is actually impaired at the time. Meaning, you can receive a DUI charge for simply having marijuana in your system. How is this possible?

There are multiple chemical compounds in marijuana. Only one causes drivers to be impaired, while the others stay in your system for weeks after smoking marijuana but do not impair you. The Court of Appeals, Division One, recently ruled that all compounds can support a DUI conviction.

The argument to charge a driver for simply having marijuana in their system comes from a 2010 traffic stop in Maricopa County. In that case, the motorist’s blood revealed a second metabolite of marijuana that does not impair, but can be detected in the body for up to four weeks. At the time, the defense attorney argued that only the impairing compound was prohibited by law. The trial court judge agreed and dismissed the case. The Court of Appeals disagreed with the trial court judge and said, if any compound of marijuana is detected, you are guilty of DUI. Multiple compounds are included in the DUI law, making any trace of marijuana or its metabolite while driving, illegal.

If you or a loved one have been charged with a misdemeanor or felony DUI, it is important to have an experienced DUI attorney on your side. At Oracle Law Group Office, P.C., we have veteran DUI attorneys who will aggressively defend you as well as coach you through this difficult time. Contact us today to schedule a free consultation.