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AZ Court: Impairment isn’t necessary for a DUI

On February 23, 2013, in Drug War, states, by Scott Alexander Meiner

Arizona appellate court rules drivers needn’t be impaired to be convicted on a Driving Under the Influence charge. Rather, driving (or merely being in actual physical control of a vehicle) and the presence of ”any drug defined in section 13-3401 or its metabolite in the person’s body” will suffice. In reversing the superior court, the appellate court noted that the prosecution’s expert testified that the Carboxy-THC found in the defendant “was not psychoactive and could take up to four weeks to completely evacuate the body.” Arizona’s DUI laws threaten fines, imprisonment, vehicle forfeiture, a lingering criminal record, and costly legal bills. Curiously, among the drugs listed in section 13-3401 is testosterone.

Appellate opinion here.

 

 

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