Los Angeles, CA asked in DUI / DWI for Arizona

Q: Can an old DUI charge for metabolites in your system be overturned based on the new law stating no longer a dui

So back in 2009 I was charged with a DUI for metabolites in my system and was not under the influence given a fine and ordered to have a breathalyzer put in my car even though I did not have any alcohol in my system at all and my license was suspended. I still owe the fine and that you're still requiring me to put a breathalyzer in my car I know that the new law passed where they are no longer charging DUI for having metabolites in system is there any way or what are my options of addressing the court or the judge and ask him that the charges be taken off my record that the breathalyzer not be required to have to be put it in my car. it wasn't even alcohol-related. Since the new law passed where they State can no longer charge you a DUI for having metabolites does that have any effect on my past charges can I have those taken off

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1 Lawyer Answer
Zachary Divelbiss
Zachary Divelbiss
  • DUI & DWI Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: This is an interesting question and situation you are in. My best recommendation is to contact Reeves Maxwell Law since they specifically and exclusively handle appeals. Their number is 480-352-3701 or email: admin@appealsaz.com

Based on my limited knowledge of appeals, you might be out of luck. After accepting a plea you have 90 days to appeal. Even though the law changes, they are typically not retroactive. You might also need some clarification on the law because marijuana DUIs are still charged here in AZ as long as you test positive for the "Active" metabolite. This is what is tested: THC - Delta 9 Tetrahydrate (active), Hydroxyl (nonactive), Carboxy (nonactive 30 days+). Removing the interlock is also going to depend on the plea you took and the charge you plead guilty to.

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