FAQ

Arizona calls the deceased in vehicular crimes a “victim.”  Under Arizona law a victim can be the driver of another car, a passenger in another car, a passenger in your car, a bicycle rider or a pedestrian.

No two states have the exact same vehicular homicide laws.  Arizona does not distinguish vehicular deaths from other types of manslaughter cases. 

A certified ignition interlock device is a breath alcohol testing machine that is attached to your vehicle.

A DUI conviction triggers a requirement of a Certified Ignition Interlock Device in any vehicle you drive. You will receive notification of your requirement for an interlock from MVD in the mail. Do not install the device prior to being notified by MVD (unless there is a good reason to do install the device. Installing it before MVD notifies you of the requirement results in the time installed not counting towards your required term).

A revocation means your driving privileges have been terminated. Once the revocation is over your privilege to drive stays revoked unless you take action.

A chemical test cannot determine if you are impaired by THCWe all understand that “prescription” drugs are the medications your doctor have determined you need to treat some medical condition and have given you permission you to use. This is commonly done by giving you a written prescription or by a direct call from the medical provider to your pharmacy. However, in the case of driving under the influence laws, Arizona has given some additional legal meaning what we commonly consider as prescription drugs.

ARS 13-3401(28) provides that a “Prescription-only drug” does not include a dangerous drug or narcotic drug but means:

(a) Any drug which because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.

(b) Any drug that is limited by an approved new drug application under the federal act or section 32-1962 to use under the supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer.

(d) Any drug required by the federal act to bear on its label the legend “

Another way to think about this is, a drug will fall within this legal definition if, the medical community has recognized it is safe when taken as prescribed by a doctor.. The only thing a blood, urine or saliva test can do is show prior use of the drug.

Yes. Consider the person who was legally given morphine at a hospital for an injury. They then drive home from the hospital while still impaired by the medication. This is a textbook example of a case that started with legal drug use and then turned into a DUI.

No. In the case of a DUI based upon the consumption of alcohol, Arizona has “per se” laws. For example, it is illegal for a person to drive with an alcohol concentration of .08 (the makes a presumption that a person is impaired at this level). This is not the case when it comes to a prescription drug DUI allegation.

This actually makes a lot of sense as, unlike alcohol, there is no universal level of impairment when it comes to drugs. The way prescription drugs affect the human body is very different than alcohol. Simply put, when it comes to prescription medications, there is no numerical definition of chemical impairment.

Driving with a prohibited drug in your system, in and of itself, is a violation of Arizona’s DUI laws. This is technically true even if you are not impaired by the drug.

Receiving two charges for prescription medication DUI is standard practice.

One charge alleges you were impaired while driving. The other charge claims you have a drug in your system that was either illegal or you did not have valid prescription for its use.

Receiving these two charges does not mean your case was worse than other Arizona prescription cases.

A first offense DUI based upon prescription drug is a Class 1 misdemeanor and the penalties are the same as an alcohol DUI.

Yes, but these cases should not be charged by the government. Drugs like Ambien sometimes have unintended consequences that were not the result of a voluntary act.

It can be the case. There are a lot of discussions about this issue in the legal community.

While there is some debate on this issue, I believe it is a defense under Arizona law.

You can get a DUI on Xanax. Xanax is common medication found in driving while under the influence of drugs cases.

There are many legitimate signs and symptoms that a person may be impaired marijuana, but unfortunately, investigations often go well beyond actual science.  For example, law enforcement will often testify they a green tongue means a person is impaired by marijuana.  This proposition has no basis in science yet it taught by the National Highway Traffic & Safety Administration to officers across the United States.  

One court that looked into NHTSA’s green tongue theory found: State has presented nothing, no scientific studies and no case law or other authority, to support the reliability of the trooper’s concern regarding the condition of Hechtle’s tongue. Cf. State v. Wheeler, No. 24397–1–II, 100 Wash.App. 1062, 2000 WL 646511, *2 n. 2, 2000 Wash.App. LEXIS 779, *7 n. 2 (Wash.Ct.App. May 19, 2000) (“Although we assume the officer’s assertion to be true for the purposes of this opinion, we are nevertheless skeptical as to its accuracy. We find no case stating that recent marijuana usage leads to a green tongue.”). State v. Hechtle, 2004 UT App 96, ¶ 13, 89 P.3d 185, 190

Even the Arizona Court of Appeals has held the mere “scent of marijuana, standing alone, is insufficient evidence of criminal activity to supply probable cause for a search warrant.” State v. Sisco, 2 CA-CR 2014-0181, 2015 WL 4429575, at *1 (2015)

THC is also known as “Delta-9-tetrahydrocannabinol” or delta-9-THC and is the primary psychoactive constituent in marijuana (cannabis). Enzymes in your live alter it into other substances called metabolites. This the chemical that produces a "high" and can result in impairment.

Hydroxy THC is the primary metabolite of THC. Think of Hydroxy-THC as the child created by THC. Enzymes in your liver convert THC (delta-9-THC) into Hydroxy-THC (11-OH-THC). Hydroxy-THC is a psychoactive drug. This means it is capable of causing impairment.

Consider Carboxy-THC as the grandchild of THC. It's a secondary metabolite. After being converted to Hydroxy-THC, it is eventually metabolized into Carboxy-THC. Carboxy-THC is not psychoactive. It is not capable of causing impairment.

Cannabinoids are the active constituents in cannabis.

It is common knowledge that the higher your alcohol concentration, the more severe your intoxication. However, marijuana does not affect you the same as alcohol. The highest levels of the active part of marijuana (THC) are usually in your blood within about 3 to 10 minutes following inhalation. This does not mean the concentration of the drug will be at its highest level in that time frame. The concentration of THC in a blood sample simply has no correlation with a level of impairment. Marijuana’s maximum influence on your performance usually manifests in 20 to 40 minutes after inhalation, yet this is also during the time period when your THC levels are rapidly falling. (Sewell et al., 2009). Science has yet to meaningfully quantify how and to what extent marijuana impairs us. While it is “well established that alcohol consumption increases accident risk, evidence of cannabis’ culpability in on-road driving accidents and injury is far less robust” (Armentano, 2013). In sum, the presence of marijuana in your blood is simply not a reliable indicator of psychomotor impairment.

After consuming marijuana (cannabis) it's broken down by your liver. Drug metabolism is what your body does to a drug to eliminate it. It is also called xenobiotic metabolism. The rate of metabolism determines the duration of a drug's pharmacologic action. 

The right to speak with an attorney actually attaches sooner in Arizona than it does under the federal law. Under Rule 6.1, of the Arizona Rules Criminal Procedure:

A defendant has the right to be represented by counsel in any criminal proceeding. The right to be represented by counsel includes the right to consult privately with counsel, or the counsel’s agent, as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody, and sufficiently in advance of a proceeding to allow counsel to adequately prepare for the proceeding.

The Arizona legislature has actually made it a crime to have an alcohol concentration above the legal limit after you have stopped driving.  Up to 2 hours after the time you stopped driving.

Despite the statutory two-hour window for taking a breath test, a defendant is entitled to the advice of counsel when in custody, and the state may not unreasonably restrict that right.

It is extremely common that someone who is visiting Arizona from another state is arrested for DUI. I regularly handle these cases.  I make every effort to have you appear telephonically with both the court and the Department of Motor Vehicles.

An Arizona DUI may affect your driving privileges in the state you reside in. Consequences vary by state. In addition, depending on the court in which your DUI is being prosecuted and the facts of the case, you may be able to resolve your DUI without returning to Arizona.

The penalties for being convicted of a DUI in Arizona can include: 

• Driver License Suspension
• Fines
• Incarceration (a term of jail)
• Installation of an Ignition Interlock Device
• Substance abuse screening and recommended treatment

“The mandate is the final order of the appellate court, which may command another appellate court, superior court, or agency to take further proceedings or to enter a certain disposition of a case.  An appellate court retains jurisdiction of an appeal until it issues the mandate.” Rule 31.22, Arizona Rules of Criminal Procedure.

Rule 31.2. Notice of Appeal or Notice of Cross-Appeal, Arizona Rules of Criminal Appeals

The is same as if you were appealing a decision from a city court.  See the answer above.

Div. 1, Arizona Court of Appeals

Phone: 602-452-6700

Email: inform@appeals.az.gov

Location: 1501 W. Washington Street, Phoenix, 85007

Electronic filing is done though AZTurboCourt

https://turbocourt.com/go.jsp?act=actShowState&tmstp=1303166466042&id=11542622