According to recent news reports in the state of Arizona, the court has deiced that law enforcement officials have the right to prosecute marijuana smokers as a DUI even if they are not showing the effects of being "under the influence" or high. Why is this? According to the Court of Appeals, they determined that due to the specific chemical combinations within the marijuana whether or not their blood tests show that they are high they will be charged with driving under the influence. This is because two of the main compounds within the drug affect the body very differently. The first compound when read in a blood or urine test will show that the driver is in fact impaired; whereas the second will actually remain in the user's blood stream for weeks on end, though having no effect on their mental impairment.

Due to these two compounds, the court decided that whether or not the driver appears to be impaired even in the slightest, if their blood or urine test shows that they have any pot in their system while driving, they will be arrested for a DUI. A court judge of lower standing argued this ruling, claiming that it makes no sense for a person to be charged with a DUI if there is no evidence that they are in any way impaired by their usage of the marijuana. Despite this judge's attempt, the Court of Appeals made their official ruling this Tuesday, claiming that their focus was completely on protecting the public from dangerous drivers.

The Court of Appeals addresses the specific issues of this ruling and they state that there should be no exception for prohibited substances, even if they are used for medical purposes. What brought up this specific ruling was because of an arrest for a DUI made back in 2010, and this specific motorist was given blood tests and the results only showed part of the compound in his system because of the way the body breaks down the drug. Even though the chemical didn't alter the ability of the user to operate their vehicle, it did remain in the drivers system for a few weeks after usage.

While the evidence appears to be stacked more in favor of those who use marijuana, why is the court ruling the exact opposite? Superior Court Commissioner Myra Harris states that with pot because more and more popular, and many states including Arizona legalized the usage of medical marijuana, they are concerned that states are decriminalizing the usage of pot and therefore making the roads unsafe.

The intentions behind the legislation are to eventually establish a ban on the use of marijuana while behind the wheel of a vehicle in order to prevent any sort of DUI incidents. However, they will allow for the specific testing of the compound that registers for the prior week's usage. Because of the fact that many people in other states may have used pot and then later on traveled to Arizona, it would be unjust to arrest them for a DUI for something they did weeks before in another state. This DUI law will allow searches for the specific "metabolite" substance during these tests.

Depending on what state you live in will determine what type of charges you will face when arrested for driving under the influence of marijuana. However, if you are convicted for these charges you could potentially be facing consequences ranging from minor to severe, with the law. In the event of an arrest, contact a local DUI defense attorney in order to fight the charges placed against you. Don't let your future freedom be placed at risk, contact an attorney immediately!