DUI Drugs

Prop 207, Arizona DUI and Marijuana

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… Read more

Maricopa County Jail DUI Costs Go Up

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… Read more

Expert Not Required for AMMA Affirmative Defense

  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… Read more

DUI Defense – Medical Marijuana v. Alcohol

  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,… Read more

Marijuana Breathalyzer

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… Read more

NAU receives grants for DUI Task Force

The police department at Northern Arizona University has received grants totaling more than $10,000, which is earmarked for staffing and related expenses for the DUI Task Force program.   Applications have already been submitted for the same grants for next year which if awarded is intended to further the DUI Task Force program, and a… Read more

Arizona Court of Appeals rules a person can be guilty of DUI if they are impaired by Ambien, even if they did not know it would cause impairment.

3/2/16  In Arizona a person can be guilty of DUI if they are driving or in actual physical control and are impaired by alcohol, drugs or some combination thereof.   In State v. Bayless-George, the defendant was charged with driving while under the influence.  The impairing substances at issue were Ambien (which is a central… Read more