[ 4/22/2014: in what is presumably the final update, the Arizona Supreme Court ruled (here is same doc archived by azcentral) 4-1 that it is not a DUI violation to be driving with the non-impairing marijuana metabolite in their bodies. In other words, the reversed the Court of Appeals ruling. Here’s a pretty good news item wrapup from the New Times. The lone dissenter offered a detailed analysis as part of the published opinion; I tend to side with her, that the majority overreached by concluding a flat ban, which is the plain language of the law, produces absurd results. But there you have it.]
This idea of any non-zero level of (a long list of) drugs, or their metabolites, being equated with driving impaired has always worried me; this recent CoA ruling affirms that this is proper. So, nothing to do with this case, i’m wondering if a decongestant, pseudophedrine (commonly found in many cold medicines) cause dui per 28-1381(A)3??? why or why not. I am chemistry challenged.
In the Court of Appeals, Div 1. No. 1 CA–SA 12–0211
STATE v. HON. HARRIS/SHILGEVORKYAN (if that link is dead findlaw0211). The caption of this case is a bit confusing, the Real Party in Interest is Hrach Shilgevorkyan. Harris is the name of the Superior Court commisioner.
There are three ways to run afoul of Arizona’s DUI statue. The most common would be #2, BAC > .08 (referred to as drunk per se), typically anymore it is via blood evidence; another way is #1 being “under the influence… if … impaired to the slightest degree”, typically via field sobriety tests. The third way, and the one at issue here is #3, “While there is any drug … or its metabolite in the person’s body”. Continue reading “Arizona court ruling upholds DUI test for marijuana”