Arizona voters passed Proposition 207 in November 2020. In addition to legalizing the recreational use of marijuana, Proposition 207 changed how DUIs involving marijuana are prosecuted. Before the passage of Proposition 207, the State could convict a marijuana user of DUI by merely showing that he had driven or been in actual physical control of a motor vehicle when they had THC or its active metabolite in his body. If a person was a medical marijuana cardholder, they had the burden of proving that there was not enough THC or its active metabolite in their system to cause impairment. If you or a loved one was charged with a DUI involving marijuana, speak with a Phoenix marijuana DUI lawyer at Stone Rose Law as soon as possible to preserve your rights.
However, since the adoption of Proposition 207, the State must now prove that someone suspected of driving under the influence of marijuana was impaired by marijuana at the time they were driving. This can be challenging for the State to prove because many of the tools used by law enforcement to detect impairment, such as field sobriety tests, have not been specifically validated for use in detecting impairment caused by marijuana. Also, unlike alcohol, there is no blood THC level at which all experts agree a person will be impaired. This creates an advantageous situation for a defendant accused of driving while under the influence of marijuana and his Phoenix DUI attorney because it is the State’s burden to prove that he or she was impaired to the slightest degree beyond a reasonable doubt. Given the current lack of legitimate scientific research related to marijuana’s effects on the body and mind, proving impairment by marijuana can prove to be a daunting task for a prosecutor facing a vigorous defense. If you’re facing marijuana DUI charges, speak with a Phoenix marijuana DUI attorney at Stone Rose Law to learn what defenses are available in your case.
If you have been accused of driving while impaired by marijuana, you need effective representation to ensure that your rights are protected. The skilled and experienced Phoenix criminal defense lawyers at Stone Rose Law can make all the difference in your case’s outcome. Affordable rates for DUI defense without sacrificing top-quality representation. Call our law office at (480) 498-8998 now for a free consultation with a marijuana DUI lawyer in Phoenix, AZ.