Arizona and Non-Alcohol Related DUI
Under Arizona law, it is illegal for someone to operate a motor vehicle while under the influence of any drug or combination of liquor and drugs.
It is also illegal for someone to drive a vehicle if there is any drug or drug metabolite in the person’s body. However, a driver is not considered to be under the influence for having marijuana metabolites in his or her system if he or she has a registered qualifying medical use card.
A driver may not assert entitlement to a drug as a defense to the first type of DUI.
Additionally, actual impairment is not an element to the offense of driving while under the influence of a drug or metabolite in the person’s body.
In fact, cannabis metabolites are detectable in a person’s body up to one month after use. As a result, someone may be convicted of a DUI for marijuana weeks after last ingesting cannabis.
Though a medical prescription may serve as an affirmative defense to a DUI claim, remember a recommendation to use marijuana from a medical practitioner is not a prescription.
Arizona has implied consent laws, which mean drivers provide consent to a test for blood, breath or urine by obtaining a driver’s license.
As a result, a driver refusing to submit to a blood, breath or urine test will have his or her driver’s license suspended or denied for 12 months.
However, a driver may consult with an Arizona DUI attorney before submitting to the chemical test.
A first offense for non-alcohol DUI results in jail time between ten and 180 days and approximately $1,800 in fines.
A conviction can also result in mandatory drug and alcohol treatment, community service and license suspension for 90 days.
What Should You Do
If you’re facing non-alcohol related DUI charge in Tucson, contact Thrush Law Group.
Our DUI defense attorneys know the courts, the judges, and the system for filing a DUI in Arizona.
We are constantly reviewing new changes in DUI law to help our clients make the best choices in their cases.