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Marijuana DUI Defense | Tempe DUI Lawyers

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Tempe DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Tempe AZ DUI Drug Charges
If you have been arrested or charged in Tempe with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking even one drink of alcohol and are subject to some of the harshest penalties in the country. It makes no difference under the DUI law if the Marijuana found in your system was medical Marijuana and you were a certified card holder.

Tempe DUI Testing Arizona
If Tempe AZ police stop you because they suspect you of DUI in Tempe, AZ, they will usually begin investigating by asking you some questions. Next, they will ask you to participate in field sobriety testing. Note: By law you do not have to submit to the field sobriety test. But you should know that the risk exists in that you could be arrested on the spot by the Tempe AZ police officer. Following the field sobriety test, you may be asked to take a preliminary breathalyzer test with a portable unit. The portable breath unit results can not be used to prosecute you, because the portable units are not as accurately calibrated or maintained. If the portable breathalyzer test results read positive for any alcohol in your system, the officer will proceed to request an official breathalyzer test. This is the reason for two breath machine tests. With regard to the official DUI breathalyzer, typically you will be given two breath tests on it for comparison and the police efforts for accuracy. So potentially, you may get 3 total breath tests--one on a portable unit, and two on the official breathalyzer.

A good DUI Chandler defense lawyer will examine the validity and accuracy of all the official test unit results. In some cases it can be argued by your defense that the results not are admissible for a variety of flaws or errors that commonly occur related to maintenance of the unit, human error of conducting the breath test, or tests conducted outside required protocol.

If the breathalyzer test turns up negative, and the Tempe police have reason to continue to suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse the breathalyzer or drug testing, and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Tempe, AZ
The primary tests for a Marijuana DUI in Arizona is urine testing, and blood testing. This testing involves looking at levels of THC (Tetrahydrocannabinol) in your system. . THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing are accurate. But the truth of the matter is that both forms of testing, are surrounded by controversy, and like any blood or urine test may contain, flaws, weaknesses, and inaccuracies, and are subject to both human and technical errors.

Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:
1) Amount of Marijuana smoked or used,
2) Your individual metabolism rate,
3) How often you smoke or consume Marijuana,
4) Whether or not you have taken any detoxifying products,
5) The most recent or last time smoked or consumed Marijuana,
6) The speed or pace at which you smoked or consumed marijuana,
7) Fluid and food intake prior to the testing,
8) Other Drug Toxins that may found be in your system

Tempe Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. If those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Tempe DUI Lawyers think not. Good Tempe criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Tempe, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Tempe criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Tempe DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Tempe DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.