Q: Can they charge me with a DUI for this?
So basically I got into a car accident recently around 11 pm at night and the officers said I passed all field sobriety but because I told them I smoked marijuana at 7:30 am they are trying to charge me with a DUI. Now what I’m worried about is I am a marijuana smoker and I know it’s going to be in my blood already. Also they found less than a gram of marijuana in the trunk.
A: Hello. I am sorry to hear about this encounter. It is very important that you contact an attorney. Even if you passed the sobriety test and were technically not "impaired" if the Blood Calibration results yield any traces of THC or any other metabolites then the State can charge you with a DUI. The only affirmative defense would be if you had a Medical Marijuana card. This would still require that an attorney submit motions and argue the defense on your behalf. In regards to the Marijuana in the trunk you are look at a possession and depending on whether it was a concentrate, wax or resin you could be looking at a Possession of Narcotics Charge. This is due to the recent changes in the way AZ interprets what is protected under 203 and what is not. Please feel free to reach out if you have additional questions or would like a consultation this weekend. 480-923-9001.
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