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Even if not actually under the influence at the time of their arrest. Medical marijuana cardholders can still be charged with DUI in Arizona.

Arizona is without a doubt home to some of the harshest DUI laws in the country. This is particularly true when it comes to marijuana DUI, even if the person charged with DUI is a medical marijuana cardholder.

While state such as Colorado have implemented a threshold limit for marijuana, Arizona has adopted a strict liability law. The threshold is the same theory as alcohol DUI in that it punishes a person who drives with a certain amount of active THC in their system. Arizona is now pretty much a strict liability state – if you have active THC in your system, while driving, that is a DUI. This means even someone who is not impaired at all by marijuana at the time of their arrest can still be charged with DUI. 

Even though Arizona residents voted to allow medical marijuana possession and use, Arizona will continue to implement harsh Marijuana DUI laws, even when the person has legal permission to use Medical Marijuana under the Arizona Medical Marijuana Act (AMMA).

However, on November 20, 2015, the Arizona Supreme Court ruled that in a Marijuana DUI case, where the person had a valid Medical Marijuana Card at the time of the traffic stop, that person’s Medical Marijuana Card can be used as an Affirmative Defense in a DUI case, in some circumstances.

That’s why it is of utmost importance for medical marijuana cardholders to contact an experienced DUI attorney if they find themselves charged with driving under the influence. Brian Sloan is the founding attorney of The Arizona DUI Team.

The lawyers at The Arizona DUI Team handle DUI cases exclusively and are well versed in current medical marijuana policy in the State of Arizona.

Based on the recent legal developments, a DUI suspect could save hundreds, if not thousands of dollars at trial, because it basically tells the trial courts that the Defendant need not bring in a scientist or a doctor to testify as to the impairing qualities of Marijuana, based on the amount of active THC or the active metabolite of THC in their system, but allows the Defendant, themselves, to testify that they did not feel impaired.

About The Arizona DUI Team

The Arizona DUI Team is made up of skilled attorneys who dedicate all of their time to defending DUI and related charges.

To learn more about the team, or to schedule a free consultation, call 602-DUI TEAM (602-384-8326) or visit http://azduiteam.com

Media Contact
Company Name: Arizona DUI Team
Contact Person: Brian D. Sloan
Email: info@azduiteam.com
Phone: 602-384-8326
Address:40 North Central Avenue #1400
City: Phoenix
State: AZ
Country: United States
Website: http://azduiteam.com/

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