Arizona Marijuana DUI driving while high

New Arizona Recreational Marijuana DUI Laws in 2021

The DUI statute in Arizona is found at ARS 28-1381. Under this law, there are two different ways that people can be charged with driving under the influence of drugs. Under 28-1381(A)(1), it is illegal to operate a motor vehicle while you are under the influence of any drug, alcohol, or inhalant when you are impaired to the slightest degree. If you consume marijuana and then drive your vehicle while impaired by it, you can be charged with a marijuana DUI under this law.

Under ARS 28-1381(A)(3), people can be charged with DUIs when they operate motor vehicles with any drug listed in ARS 13-3401 or its metabolite. This subsection is a zero-tolerance law because you can be arrested if you have any amount of a listed drug in your system, even if you are not impaired. Marijuana is one of the listed drugs, along with heroin, cocaine, methamphetamines, and prescription drugs when you do not have a valid prescription.

While marijuana is a listed drug for a DUI charge under ARS 13-1381(A)(3), ARS 36-2852(B) specifically states that a person who has marijuana or its metabolites in their system cannot be convicted of a DUI under this subsection unless they are impaired to the slightest degree.

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Arizona Police use dog to search vehicle

Do Police Need a Search Warrant to Search a Car in AZ?

In Arizona, people are protected against an unlawful vehicle search or seizure by the Fourth Amendment to the U.S. Constitution. While the Fourth Amendment requires officers to get search warrants before they search your property, there are several exceptions to the warrant requirement that allow them to search without a search warrant.

Vehicle searches are treated differently than searches of your home,and police are generally allowed to conduct warrantless searches of vehicles as long as they have probable cause.

Several other exceptions also allow police to search vehicles without warrants, including consent, searches incident to an arrest, inventory searches, plain view searches,and searches based on reasonable suspicion. We’ll take a brief look at each of these exceptions below.

Warrantless Searches Based on Probable Cause

In 1925, the U.S. Supreme Court established the and-faqs/research-by-subject/4th-amendment/searchingavehicle-carroll.pdf” target=”_blank” rel=”noopener”>mobile conveyance exception to the search warrant requirement in Carroll v. United States. In their decision, Supreme Court distinguished vehicles from homes, noting that vehicles can easily be moved away from a traffic stop,and evidence could be destroyed.

As long as police have probable cause, they can search your car without a warrant under the mobile conveyance exception without it being considered an unlawful search.

An officer has probable cause when a reasonably prudent person in the same situation would believe that evidence of a crime is likely located inside of a vehicle. However, only the areas in which the suspected evidence would likely be located can be searched.

For example, if a police officer has probable cause to believe that you stole your neighbor’s 60-inch televisionand that it is likely hidden in your car, he or she can search your vehicle’s trunk. However, the officer would not have probable cause to search your glove box since a television would not fit inside.

If a police officer pulled you over for a minor traffic violation, he or she will generally not have probable cause to support a warrantless search of your vehicle. However, if your conduct following the stop allows the officer to develop probable cause that evidence might be located in your vehicle, he or she can search without a warrant.

Consider this, if you are stopped for speeding, the officer will not be able to search your car based only on that. However, if he or she smells alcohol on your breath, he or she can search your car for open containers of alcohol.

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Arizona Dram Shop Liability Laws

Dram Shop Liability In Arizona ARS 4-311 (D)

According to Arizona Revise Statute (ARS 4-311 (D), any restaurants, bars, nightclubs, saloons, or any other places licensed to serve alcohol — known as dram shops — are liable for serving intoxicated patrons and/or minors under the following conditions:

  • Whether the establishment sold liquor or other spirits to any person who was clearly and obviously intoxicated
  • Whether or not that individual consumed all the alcohol that he or she purchased
  • Whether or not the consumption of the alcohol served by the dram shop was the proximate cause of any injuries, property damage, or other types of damages.

What It Means to Be Intoxicated Under Dram Shop Liability Laws in Arizona

In order for the tenets of ARS 4-311 (D) to be properly upheld, the definition of what it means to be intoxicated has to be legally established. For the purposes of this Arizona Revised Statute, intoxications is when any individual drinking — or ordering drinks at the dram shop — is inebriated to a point where the physical and mental impairment is obvious to those around that individual, including other patrons, bartenders, and servers, due to the fact that the intoxicated person is physically uncoordinated, is showing signs of serious physical dysfunction, and other signs, such as slurring speech.

It is under this definition of intoxication or inebriation that a dram shop could be held liable for any injuries or damages done when that dram shop continues to serve alcohol to the individual displaying these signs and symptoms.
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Hire a Drug Manufacturing Charges Defense Attorney in Tempe, Arizona Today

Violating the regulations that exist regarding the manufacturing, sale, or distribution of controlled substances can lead to drug manufacturing charges which can ruin someone’s life. This type of mark on someone’s record can jeopardize their chances of finding a job and getting a professional license. If you’ve been charged with drug manufacturing charges in or […]

Drug Trafficking Charges Defense in Apache Junction

If you or a loved one are facing drug trafficking charges in Arizona, it’s important to contact our experienced drug trafficking charges defense team. At Shah Law Firm PLLC, we understand all drug trafficking laws in Arizona and can uphold them in all legal proceedings.

Drug trafficking charges are serious and can lead to jail time, hefty fines, and other court requirements. Never go at these charges alone. We can help!

About Drug Trafficking

Drug trafficking refers to bringing illegal drugs across a border – national or state. Federal penalties for drugs are designated by different schedules. Sentencing for drug trafficking offenses in Apache Junction can range from three to five years in prison, depending on the amount of drugs and the type of drug involved. If death or serious injury occur as a result of the trafficking, prison terms can range from 20 years to life in prison. This is why hiring a drug trafficking charges defense lawyer is so important. At Shah Law Firm PLLC, we understand all drug trafficking laws and have a track record of success representing individuals facing serious drug charges in Arizona.

Get Help with Drug Trafficking Charges in Arizona

At Shah Law Firm PLLC, our drug trafficking charges defense attorney can help with any drug-related charges in Apache Junction. We know exactly what type of defenses will be most effective for your case, giving you the best chance at lessened penalties and reducing the impact this type of case can have on your future.

We offer no-cost legal consultations for those facing drug trafficking charges. To learn more about our legal services, call our office today at (602) 888-0369. We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

How a Mesa Drug Crimes Attorney Can Successfully Represent You

A drug-related crime charge can have damaging implications. Professions who have a license are in danger of losing it, and anyone who runs a business faces a ruined reputation. Having the stigma of a drug crime on your record in and around Mesa can also jeopardize your chances at finding a job in the future. At the Shah Law Firm PLLC of Mesa, we understand the seriousness of a drug crime charge. As such, we use our expertise and resources to create an effective defense for our clients’ drug crime charges.

Arizona Drug Crime Charges

Many actions can be classified as drug crimes in Arizona. Manufacturing, possessing, selling, and distributing illicit substances as well as prescription fraud are all examples of drug crimes in Mesa. At Shah Law Firm PLLC, we have 12 years of experience fighting drug crimes for our Arizona clients, getting them the minimum possible sentencing so they can continue with their life sooner rather than later.

Examples of Drug Crime Defenses

One of the most common defenses for drug crime charges is to prove an illegal search and seizure. Additionally, in many instances, it can be argued that the drugs weren’t yours or were planted by the cops. It’s also possible that you were charged with a drug crime but were forced by someone threatening to harm you to carry the drugs.

At The Shah Law Firm PLLC of Mesa, our years of experience defending those charged with drug-related crimes makes us the leading choice for a drug crimes defense team in Mesa and its surrounding communities.

Call to Schedule a No-Cost Legal Consultation with a Drug Crimes Defense Attorney in Phoenix, Arizona Today

If you’ve been charged with a drug crime in or around Mesa, call to schedule a no-cost legal consultation with a drug crimes defense attorney in Mesa, Arizona today. At the Shah Law Firm PLLC, we are knowledgeable and skilled and able to create effective drug crime defenses for our clients. To schedule a consultation with our legal team, call us at (602) 888-0369 today.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

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