Arizona Driver Accused of DUI Despite the Inactive Marijuana Compound in His Bloodstream

An Arizona appeals court has upheld a ruling that gives police the right to prosecute marijuana users for driving under the influence of drugs even if they are not necessarily impaired. Marijuana releases two chemical compounds into the bloodstream. One compound affects drivers' coordination, concentration and reaction time, which puts others at risk when they drive, much the same as alcohol does. The other compound, however, is inactive, not affecting a driver's abilities. It stays in an individual's bloodstream much beyond the time of the other compound, sometimes even lasting up to a month. Currently, when an officer pulls a person over and tests them for DUI, it is irrelevant what marijuana compound is in the blood for them to get arrested.

The lawsuit was brought on by an Arizona driver who was accused of DUI with the inactive compound in his blood stream in 2010. While a lower court judge ruled that people can't be prosecuted if there is no evidence of impairment, the Court of Appeals ruled that DUI testing could be used to prosecute marijuana users, no matter the compound in the blood stream. The court believes that banning the blood and breath tests for marijuana would restrict law enforcement officers so there is a flat ban on the driving with the substance's active and inactive compounds. This law applies to medical marijuana as well.

The driver's lawyer says that he is going to ask the Arizona Supreme Court to consider an appeal for this law. He notes that this case is of additional interest because of the new marijuana laws in states near Arizona, such as Colorado and Washington. If a person takes marijuana in another state and comes to Arizona, then they could be arrested for DUI under current laws even if they were using the substance in weeks prior. If you have been unfairly charged with DUI or another driving offense, then you should contact a tough Seattle criminal and DUI defense lawyer at Baker, Lewis, Schwisow & Laws, PLLC. They can provide the legal strategies you need for your charges, no matter how serious they may be!