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with over 40 years experience
Since the turn of this century, a phenomenon has occurred in DUI Law. This addition is driving while impaired by drugs and even driving with an illegal drug or it’s metabolite in your system, regardless of impairment. Officers have become better trained to detect such impairment and defending them has potentially more challenging issues. First, there is the issue of impairment. Just like alcohol, if you possess a drug lawfully, it can still impair you and result in a DUI. The penalties are basically the same as alcohol impairment DUIs. However, if you use an illegal drug and don’t have a valid prescription, and it is detected at all in your blood, that is a DUI and the penalties are even worse. Most notably is absolute loss of license for 1 year! The exception is Marijuana. Arizona has the Medical Marijuana Act (AMMA) which allows some people with valid cards to legally smoke weed. The catch is that the card does not absolutely absolve you from the law like a prescription. The Arizona Supreme Court recently ruled how the card can be used as a defense, but it is complicated.
Call us for a free consultation if you are charged with a DUI, drugs. We are well versed in all phases of this charge and the many defenses.