Tuesday, February 26, 2013

Court Ruling Allows Arizona to Issue Sober DUIs

By Oscar Pascual
Tue, Feb 26, 2013 at 10:48 AM

An appeals court has issued an appeal this month that allows Arizona authorities to prosecute smokers for driving under the influence — without any evidence of them actually being high.

This court ruling serves as a Twilight Zone-esque look as to what could become of California if one of the myriad "Sober DUI" bills actually passes one of these days.

The Court of Appeals argument stems from properties of the compounds that marijuana leaves in the human system once ingested. One chemical compound causes drivers to become impaired, while another doesn't affect impairment but can stay in the system for up to several weeks.

The court unfortunately ruled that both compounds fall under Arizona law, meaning that getting pulled over in the Copper State can easily result in a DUI ruling — even if the last bowl you smoked was last month.


The ruling overturns a decision by a lower court judge who said it didn't make sense to prosecute a person with no evidence they are under the influence.

This decision comes from a state that boasts more than 35,000 people with medical marijuana prescriptions.

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