Posted: Aug 27, 2012 6:08 PM Updated: Aug 27, 2012 6:20 PM
PHOENIX (CBS5) -In Arizona you can get a DUI if
you seem impaired – it doesn’t matter what your blood alcohol content is
or what kind of drugs are in your system. Right now the same goes for
“I think a lot of this is yet to be determined, but I can tell you
how I think it’s going to shake out,” said attorney Marc Victor.
Victor has seen his fair share of DUI cases.
“I’ve been doing this for almost 19 years,” he said.
He seemed like a good place to start with our questions about how Arizona’s DUI laws will work with medical marijuana.
“If a person is impaired because of any drug, whether it’s marijuana,
whether it’s alcohol, then they’re going to have a problem under the
DUI law,” Victor said.
Arizona’s DUI law has a couple different parts. One we’re all
familiar with said if your driving is impaired you’re probably going to
get a DUI. But there’s another part you might not know about.
“People don’t understand this section. Merely the fact that it’s in
your system, without any impairment at all, which means you could be
perfectly safe driving down the road, not a danger to anyone at all and
yet still a violation,” Victor said.
Marijuana can stay in your system for days, meaning if you smoked
Monday you could still get a DUI that weekend. That means even if you
can legally smoke pot, you legally can’t drive.
“The way I believe this is going to shake out is if the person is a
qualifying patient and they have a card to use marijuana, then I think
and I suspect in order to harmonize the provisions of our new law with
the provisions of our old law that the courts are ultimately going to
say that it’s a free pass,” Victor said.
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