Gilbert AZ Marijuana DUI Defense
"The Medical Marijuana Prop 203 passing, will not affect Gilbert Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".
Gilbert DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Gilbert Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Gilbert DUI laws. Without a doubt, Gilbert Arizona is tough on DUI and Drug DUI charges. If you are stopped by the Gilbert police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.
Gilbert Marijuana DUI Laws
Gilbert Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.
Even if you are a certified Medical Marijuana card holder in Gilbert AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:
Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
Drug Marijuana DUI Testing Gilbert AZ | DUI Marijuana evidence
The two most common ways Gilbert AZ police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Gilbert prosecution typically insist that the blood or urine testing is accurate and should be admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.
Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Gilbert DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:
• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
Marijuana DUI Defense Attorney Gilbert, AZ
The criminal justice system in Gilbert Arizona is a maze of procedures, protocol, turbulent legislation, and case law. The Gilbert Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Gilbert AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.
For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many other DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.
If you have been arrested for any Gilbert DUI other criminal charge, contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to defending DUI, Drug DUI, Drug & criminal charges in Gilbert Arizona and valley wide within Maricopa County.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances