DUI Drugs
Official Federal Government reports may be the best defense for THC Marijuana DUIs In 2020, the Arizona voters passed Proposition 207 (Prop 207) legalizing the use of marijuana. That initiative changed THC Marijuana DUI trials so that official U.S. Government reports may be the best defense. Before Prop 207 at trial the defendant had to…
In 2020 Arizona Voters approved Proposition 207 which legalized Marijuana use for adults and in most situations decriminalized use by those under 21 years. There are two ways someone can be guilty of misdemeanor DUI with drugs. First, under A.R.S. 28-1381.A.1, by being impaired to the slightest degree. Second, under 28-1381.A.3 by having within their…
Arizona Marijuana DUI trials have become battles over the science of THC and impairment. In 2020 Arizona ballot Proposition 207 dramatically changed the issue for Marijuana DUI trials. Under the old law if the defendant had active THC within their body (usually proven through blood testing), they were guilty as a matter of law…
Representative John Kavanagh has introduced 2021 House Bill HB1084 which would establish a DUI Per Se limit of 2ng/ml. of THC in a driver’s body. What this means is that if the bill becomes law, a driver would be guilty of DUI if they had 2 ng/ml/ of active THC in their body within 2…
On November 30, 2020 Arizona Elections Proposition 207 (Prop 207), which legalizes the personal possession of Marijuana, took effect. Prop 207 significantly changes the DUI laws for defendants who have Marijuana in their bodies. Arizona’s basic DUI law, 28 A.R.S. § 1381.A.1, makes it illegal to drive or be in actual physical control, “While under…
Does Arizona law require a driver to be sentenced to a mandatory minimum of 4 months in the Department of Corrections for a 1st offense, non-accident, regular DUI occurring on a city street, when aggravating factors such as a minor child in the vehicle or the driver’s having a suspended license are not present, and…
Maricopa County Jail DUI Costs Go Up Defendants who serve DUI sentences in county jails are required by law to pay the costs of their incarceration. Courts have discretion to reduce the assessment of jail costs if full the assessment would cause financial hardship on the defendant. These requirements are set forth in 28…
On December 22, 2016, in a divided 2-1 decision, in Ishak v. McClennen, No. 1 CA-SA 16-0134 (12/22/16) Division One of the Arizona Court of Appeals held that for Medical Marijuana DUI cases in which the defendant wishes to have the jury instructed on the Arizona Medical Marijuana Act (AMMA) Cardholder affirmative defense, the…
Medical Marijuana DUI cases in Arizona have two fundamental differences from DUI Alcohol cases which help the Medical Marijuana DUI defense at trial. With Medical Marijuana DUI cases now going to trial and in some cases the State seeking to prove to the jury the Marijuana (THC) levels found in the defendant’s blood,…
New technology may soon be available which gives police the ability to detect both alcohol and marijuana impairment by breathalyzer. Hound Labs, Inc., an Oakland, California-based company, has developed a proprietary technology which reportedly overcomes the difficulty of distinguishing, via a breath sample, between a person who merely has residual THC in their system and…