Getting a DUI for Marijuana in Arizona

Understanding Marijuana Metabolites in Drug Testing for DUI

The metabolites of marijuana stay in your system long after its euphoric and relaxing effects have worn off. When marijuana breaks down inside your body, it forms metabolites. As metabolites remain in the body longer than the parent compound, drug tests detect their presence. Detection time for marijuana depends on a range of factors,⁶ including the test’s type and sensitivity; the drug’s dosage, frequency of use, and last time of consumption; the person’s genetic makeup and state of their metabolism; and unknown factors. Urine tests are the most commonly used drug tests that can identify the presence of marijuana in your system weeks after consumption. Marijuana metabolites are detectable in urine for up to four weeks. As the primary psychoactive component of marijuana, THC, is not detectable in the urine, this testing cannot measure impairment. Urine testing can identify the presence of non-psychoactive marijuana metabolites like THC-COOH, which can remain in your system without producing any impairing effects. The unusually long elimination time of THC-COOH increases the sensitivity of urine tests to marijuana in the system. On the other hand, blood tests can more accurately detect the remains of marijuana consumed recently. Marijuana metabolites are detectable in the blood for around two days after consumption. This testing is most commonly administered for marijuana DUIs as it can detect recent use to prove impairment. Hair tests can detect marijuana metabolites for months after use, but the results are usually inaccurate. This is because marijuana and other drugs can enter the hair due to external exposure. Non-psychoactive metabolites of marijuana remain in the hair for several months after use. Shampoos do not easily wash them out. Law enforcement officers in Arizona do not use this type of testing in DUI investigations as they cannot detect immediate use to prove impairment. Breathalyzers also cannot detect marijuana metabolites and hence cannot prove impairment unless you are under the influence of other substances. The police frequently use saliva swabs to detect the use of marijuana within the last 12 hours. The presence of marijuana metabolites can be identified in the saliva for up to 24 hours.

Can I get my Marijuana DUI dropped?

A valid medical marijuana card provides an ‘affirmative defense‘⁷ against the Drug DUI charge under ARS 1381(A)(3), as the Arizona Supreme Court ruled in Dobson v. McClennen⁸. You can get your marijuana DUI dropped in Arizona if you are a medical marijuana cardholder and the drug test cannot show the level of marijuana required to prove impairment. In criminal law, the burden is on the state to prove the defendant guilty beyond a reasonable doubt. However, in this case, the burden of proof is on you to prove that there was no impairment in your driving. An experienced DUI lawyer can help you get your DUI charges dropped or dismissed. The prosecutor may be willing to drop the charges if there is insufficient evidence. Any piece of evidence that can undermine the prosecution’s case against you can get your charges dropped. Another way to get the case dismissed is to prove the violation of your fourth amendment rights. The 4th Amendment⁹ protects you from unlawful searches and seizures by law enforcement officers. If the prosecution has some evidence that was illegally obtained, your attorney can ask them to drop the charges. Similarly, if you were pulled over without reason, your lawyer can argue that the police did not have probable cause for giving you a drug test. Procedural issues can also render the arrest invalid. Law enforcement officers must follow strict criminal procedures while arresting and performing other pretrial activities. If you were not Mirandized at the time of the arrest, you could assert that your rights have been violated. You can also negotiate a deal with the prosecutors to help solve other crimes. If your attorney can convince them, they might be willing to reduce your sentence or drop the charges altogether. Your attorney will apprise you of all the possible ways to get the charges dropped.

What can I do to resolve my Marijuana DUI?

There are various ways to deal with marijuana DUIs in Arizona. First, you need to reach out to an experienced DUI lawyer who can build an excellent defense for you. They’ll review the charges against you and walk you through your legal options. To beat the DUI, your lawyer will try to show that you did not consume marijuana before driving or that your driving wasn’t impaired by the marijuana consumed. They may also try to dismiss the case because of constitutional rights violations, failure to follow procedural codes, or insufficient evidence. Proving that you were not driving under the influence of marijuana can help you get out of a DUI in Arizona. If the prosecution’s case is built on testing methods that do not prove acute use, like hair tests, your attorney can argue you did not use marijuana before driving. Similarly, your lawyer can also dispute the results of other testing methods. For example, they can argue that you consumed marijuana a day before if the blood test comes positive. Your attorney can give multiple arguments to dispute the test results. They can argue that the drug test was improper or that the equipment was not appropriately maintained. Lab technicians have to follow certain procedures while performing the test. A failure to follow the required procedures can also be used as an argument to dispute test results. Certain medications in your system can also result in a false positive. If you used any such medication, your lawyer could argue that the results were positive. Beating a marijuana DUI in Arizona is not difficult if the prosecution cannot prove impairment. Your body does not process alcohol and marijuana in the same way. Though alcohol is removed from your body at a steady rate, the metabolites of marijuana can stay in your system long after its psychoactive effects have worn off. As it’s the psychoactivity of marijuana that results in impairment, your lawyer can argue that you were completely sober while driving the vehicle, even if you had consumed marijuana a few hours before. Additionally, drug tests used for marijuana detection do not show when and how much of the drug was consumed. These arguments can also help increase the odds in your favor. Before presenting any of these arguments, your lawyer might get the case dismissed without reasonable cause if your driving wasn’t impaired. If you were pulled over while driving safely, your DUI charges could be dropped. Getting the charges dropped before trial can save you a lot of money in court fees.

Sources

[1] Keeping Families Safe: DUI [2] 4th of July DUI arrests are down this year compared to 2021 [3] ARS 1381(A)(1) [4] ARS 1381(A)(3) [5] AZ Prop 207 [6] Differences in Cannabis Impairment and its Measurement Due to Route of Administration  [7] Arizona Law: Affirmative Defense [8] Dobson vs. McClennen [9] The 4th Amendment