Arizona Supreme Court Rules Medical Marijuana Card Holders are Not Exempt from DUI Charges

Arizona Supreme Court Rules Medical Marijuana Card Holders are Not Exempt from DUI Charges

On November 20, the Arizona Supreme Court determined that medical-marijuana cardholders are not automatically exempt from DUI laws if they are pulled over and accused of having marijuana or marijuana metabolites in their system. The decision for this ruling stemmed from a case where two women were accused of two different DUI charges after marijuana was found in their systems.

The two women were charged with A1 and A3 offenses. A1 charges concern whether or not a driver is impaired while A3 charges determine the presence of a drug in a person’s system, and does not determine whether the drugs in the system caused impairment.

During the court case, the women’s A1 charges were dropped. However, the two were still accused of violating A3. The two appealed the decision, stating that the Arizona Medical Marijuana Act barred the A3 charges for medical-marijuana cardholders since marijuana is prescribed to these holders. The Arizona Court of Appeals denied their appeal, and the two women filed another appeal with the Supreme Court.

The Supreme Court rules that medical-marijuana prescription cards do not immunize drivers from A3 DUI charges, but that drivers do possess the rights to supply evidence to prove they were not impaired at the time of arrest.

The decision raised many concerns about what does or does not constitute impairment in terms of marijuana usage since there is no adequate way of determining a person’s impairment through the use of blood-levels. This gives defendants the chance to prove the lack of impairment, but does not give the state power to prove impairment with hard guidelines.

Accused of Impaired Driving? Contact our Phoenix DUI Defense Lawyers for Aggressive Legal Advocacy

If you have been arrested for a DUI offense, you need experienced representation on your side as soon as possible. At Knowles Law Firm, PLC, our Phoenix DUI defense attorneys can work hard to safeguard your rights, future, and freedoms. No matter what your circumstances may be, our team can provide you with seasoned legal advocacy to help you obtain positive results.

For your free consultation, get in touch with Knowles Law Firm, PLC today! We are award-winning lawyers named amount the Top 11 Trial Lawyers in Arizona.

Categories: Arizona Laws, Drug Crimes, DUI

Why Choose Us?

Finding the right attorney may seem like an overwhelming task. That's why you need a lawyer who stands out from the crowd.

Knowles Top 100 Trial Lawyers The National Lawyers Former Officer Badge Former Prosecutor Badge Client Satisfaction, 10 Best of 2015 - American Institute of Criminal Law Attorneys

Attorney Anthony Knowles

Learn More

Attorney Mikey Rodgerson

Learn More

Attorney Timothy Hintze

Learn More
Free Consultation

We offer a FREE initial review of your case. Tell us a bit about your situation.

Send Your Information
Locations & Maps
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Scorpion Design - Internet Marketing Experts