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Posted by: Maricopa Lawyers on Mar 4, 2013

Although Arizona has passed voter approved initiative granting medicinal marijuana to those who are ill, local lawmakers ares till putting up a fight against the substance. The Court of Appeals recently ruled that if drivers have trace amounts of marijuana in their blood or urine, they may be subject to a DUI, even if they had consumed marijuana weeks prior.

The drug compound, THC, can breakdown after a few hours and become inactive, but may not leave a person’s system for weeks. Yet the remnants of marijuana are enough to convict a person for driving under the influence, although they are sober and the THC does not impact impairment.

The ruling comes as a surprise, as two states, Colorado and Washington,have decriminalized marijuana and you are able to purchase the substance with an official medical card in Arizona. Some opposed to the ruling, stating that if people from out of state drove through Arizona and were subject to a DUI, it might cause problems.

A DUI in Arizona involves a license suspension for 90 days, after the first thirty days you can drive to work and school. If there is a drug related DUI though, like marijuana, it can result in the same penalties, but also revokes your license for a year, a harsh sentencing if one was stopped for trace amounts of THC.

In some states that do differentiate between metabolites that cause impairment and those that do not, there is a scale similar to how a typical DUI works, with .08 being the equivalent to 5.0 nanograms of pot. Proponents of the bill say that this system would be too much work and would place a limit on an officer’s power regarding the matter.

If you have been charged with a DUI or drug crime call an experienced attorney immediately to help fight for you. Get the experienced defense you need to help fight for you and your well being during this stressful time.