One of the myths that I am determined to dispel is the idea of "perfection" in DUI blood testing. I have had far too many clients come to me and indicate that they have heard from friends, family, and shockingly even other attorneys, that because they took a blood test in their case, there is nothing that can be done to help them. This statement is 100% inaccurate.
In the case of State v. Harris, the Arizona Court of Appeals, Division 1, made a ruling about driving under the influence of marijuana that will have far reaching effects in Arizona. State v. Harris, No. 1 CA-SA 12-0211, 2013 WL 504558 (Ariz. Ct. App. Div. 1 Feb. 12, 2013). On its face, the decision has the appearance of re-affirming Arizona's zero tolerance policy on driving under the influence of drugs; however, the practical reality of this ruling is significantly more important to both interstate tourism and Arizona citizens' right to travel. The impact will be felt for years to come.
In Arizona it is illegal to operate a motor vehicle while impaired to even the slightest degree. Individuals taking prescription or non-prescription drugs that may potentially cause impairment of any type, need to be aware and concerned about the DUI consequences. This is especially true for medical marijuana patients because of the legal scrutiny associated with the prescription amongst law enforcement and in state courts. Even though you may lawfully be using medical marijuana for medicinal purposes, police officers may still arrest you if you are operating a vehicle and they believe that it has affected your ability to drive. There are two main DUI statutes that apply to someone that the police suspect are driving under the influence of marijuana: ARS 28-1381(A)(1) and ARS 28-1381(A)(3).