11/25/15 In a decision released on November 20, 2015, the Arizona Supreme Court upheld the use of the Medical Marijuana Act as a defense for DUIs. The Court’s decision says that if a Medical Marijuana card holder is charged with a violation of 28 A.R.S. § 1381.A.3, DUI with Any Marijuana in the Body, the defense under the Medical Marijuana Card Act may make them not guilty. To use the defense the card holder must show at a trial that the Marijuana and all of its active metabolites in their body was at a level below that which would cause impairment. Left unsaid in the decision was, does the card holder have to show the level of Marijuana was below their own impairment level or the level for all people. That distinction could make a difference because if it is only impairment for that particular card holder and the evidence showed they were not impaired then they would also be not guilty of Driving While Impaired in violation of 28 A.R.S. §1381.A.1. A link to the Supreme Court’s decision is below.
With this decision it is more important than ever for those charged with DUI Marijuana to hire an experienced DUI trial attorney like myself, who has been trying DUI cases for 36 years. If someone is guilty of DUI Marijuana, even as a first offense, their Arizona Driver’s license or privilege to drive will be revoked for 1 year of no driving at all. Prosecutors are not just going to accept the word of card holder who says they were not impaired and dismiss the case. Also the judge cannot dismiss it on the word of the card holder alone and so these cases are going to have to be decided at trial. When choosing an attorney to represent you on a DUI Marijuana charge it makes no sense to hire one who is going to make you pay more to go to a jury trial, because in all likelihood your case will have to be tried to a jury. Beware of any attorney who tells you because you have a Medical Marijuana card they can get the case dismissed because that is not what our Supreme Court said. Remember, unlike many attorneys I do not charge an additional fee for a jury trial.
Call me now so we can discuss how we will defend your DUI Marijuana charge!
Supreme Court Decision: www.AZCourts.gov
