Phoenix DUI Lawyer Blog

Criminal Defense | Scottsdale 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 Scottsdale DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Scottsdale DUI Drug Charges
If you have been arrested or charged in Scottsdale 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 a drink of alcohol.

If Scottsdale police stop you because they suspect you of DUI in Scottsdale, AZ, they will usually begin investigating with questions, request that you participate in field sobriety testing, and a breathalyzer test. If the breathalyzer test turns up negative, and they still 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 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 Scottsdale, AZ
The primary testing for DUI with Marijuana in Arizona is urine testing, and blood testing of THC (Tetrahydrocannabinol) levels in your system. THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing is accurate. But the fact is, that both can have their flaws, and are surrounded by controversy, and suspected to 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 own metabolism rate,
3) Frequency you smoke or consume marijuana,
4) Whether or not you have taken any detoxifying products,
5) The last time you smoked,
6) The amount Marijuana smoked or consumed,
7) The pace at which you smoked, the marijuana,
8) Fluid and food intake prior to the testing,
9) Other Drug Toxins that may be in your system

Scottsdale 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. And 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 Scottsdale DUI Lawyers think not. Good Scottsdale 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 Scottsdale, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Scottsdale criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Scottsdale 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 Scottsdale 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.