The state of Arizona is very strict when it comes to DUI laws and driving while intoxicated from either alcohol or drugs – prescription drugs included. In fact, the state’s zero tolerance policy means that driving while intoxicated in any form whatsoever is illegal and can (and will!) lead to severe punishments.
Drugged driving in Arizona, much like in other areas of the United States, is steadily on the rise. In fact, the percentage of accidents due to drugged driving has increased significantly in the past several years. Fatal crashes due to drugged driving in 2015 surpassed the number of those in which alcohol was involved.
As a result, Arizona’s police force are trained as Drug Recognition Experts, meaning that they are specially trained to recognize and identify the signs of drug use and intoxication. Because a tool does not currently exist to help officers assess an individual’s sobriety, officers are forced to rely on observational techniques and situational context. Chemical tests do exist to test for drugs in an individual’s system, but these are not instantaneous. If a driver tests positive for drugs – regardless of the level of THC or other substance in their body – it is a punishable offense.
The reason for the severity of these crimes is due to the fact that Arizona law sees DUIs as violent crimes (due to the risk intoxicated driving has on the public at large). A driver convicted of a DUI must, therefore, apply for a restricted license, meaning they can continue to drive but with legal limitations in place.
As previously mentioned, police who are suspicious of intoxicated driving due to drugs can request a chemical test in order to determine if this is the case. Not complying with this test, should the driver choose to do so, can result in a license suspension of up to one year – even if this is the driver’s first offense. Arizona law states that the moment a driver gets behind the wheel of a car, they are automatically consenting to any sobriety tests police may request of them.
Currently, police have two options when it comes to charging an individual for intoxicated driving. The first, “per se” charges, are reliant on chemical tests to confirm that there were substantial (or any) drugs in the driver’s system at the time of being pulled over. The second charge is what is known as an “impaired DUI.” In this case, the driver displayed significant signs of intoxication upon being pulled over, and these were witnessed by the police first-hand.
Unlike per se charges, the charges that are part of the impaired DUI are heavily reliant on circumstantial evidence and the full context of the scene. This leaves an opening for defense teams to argue that other causes resulted in the symptoms witnessed by the police.
In 2010, Arizona legalized medical marijuana in a public vote. Ten years later in 2020, citizens voted to legalize recreational marijuana throughout the state.
As of 2019, almost 200,000 individuals qualified for the use of medical marijuana – a number that continues to grow, even with some recreational marijuana statutes now in place. (It is important to keep in mind that the recreational marijuana legislation is still very new, so it will take some time for solid laws and regulations to be put in place specifically for recreational marijuana usage.) Arizona medical marijuana users have the right to purchase (every two weeks) and possess up to 2.5 ounces of marijuana. For qualifying recreational marijuana users, this number is 1 ounce.
So how does this affect drugged driving and DUI laws?
Regardless of the legalization of medical and recreational marijuana, it still remains illegal to drive while impaired, meaning that your reflexes, motor function, and critical thinking skills – among others – are negatively affected due to the properties of a substance (drugs, alcohol, etc.).
However, this does raise a question about legal marijuana users and chemical drug tests. What if someone with a legal right to possess and consume marijuana is found to have metabolite in their system despite not having been impaired at the time of being pulled over? (Metabolite is the remnants of weed in your system as it is being processed and broken down.)
According to original Arizona law, this was still a charge-worthy offense. However, in 2015, the Arizona Supreme Court established the Affirmative Defense (also known as the AMMA). This court case concluded that Arizona citizens in legal possession of a medical marijuana card had a dew defense against false claims.
This provided legal precedent to argue that not enough marijuana or metabolite exists (or at one time existed) in the driver’s system to cause imparity.
Convicted of a DUI in Arizona? The consequences can vary depending on the severity of the situation and other factors (is this your first offense? Were there other people in the vehicle with you? Etc.). Repercussions can be harsh with total fines and fees in the thousands of dollars.
A Basic DUI can include 10 consecutive days in jail, $1,200 or more in fines, a suspended license, and community service – and that’s just for your first DUI. Jail time, fines, and license suspension all increase with the severity and number of DUIs a driver is charged with.
And it only gets more intense from there. The state of Arizona requires ALL individuals convicted of a DUI to have an Ignition Interlock Device (IID) installed on their vehicle in order to test for sobriety prior to the car being made operable. This includes drivers convicted of a drug or medication DUI (DUI due to prescription medication). An interlock device measures a driver’s blood-alcohol level before allowing the ignition to be turned on. IIDs are intended to prevent accidents due to intoxicated driving before they even happen.
These devices are not cheap, and installation and maintenance costs fall on the convicted individual. The device costs $100 to install and another $80 a month to maintain; a nearly $2,000 “additional” fine in total.
If you or someone you know has been charged with a DUI, it is imperative that you contact a DUI lawyer as soon as possible. Particularly in Arizona, where the laws are quite strict, you’re going to want to have someone on your side who knows the law and can guide you toward building a case that’s ideal for your particular situation.
Remember, it’s best to call a lawyer as soon as possible upon arrest. Do not speak to the police first – you want to make sure you’re protecting your rights as much as possible.
Need assistance? Our talented team of lawyers is happy to help you out. Reach out to schedule an appointment today and we will review your case together, analyze your options, and determine a strategy that’s just right for you.