Memorial Day DUI on a Boat

Tips to Avoid Boating DUI/OUI Charges on Memorial Day DUI Weekend

The upcoming weekend means that the cooler days of spring are quickly ending. More people will be headed out to vacation destinations, popular nightlife spots, lakes and rivers, and concerts. This also means an increase in the Memorial Day DUI arrests.

While Memorial Day weekend can be a fun way to welcome the summer, it is also important for you to ensure that you avoid getting charged with a DUI on a boat or while driving. Many people head to popular spots where they consume alcohol while also participating in other events. This means that law enforcement authorities throughout the greater Phoenix area will be on alert and watching for impaired drivers.

Over Memorial Day weekend in 2021, the Arizona Governor’s Office of Highway Safety reported that 589 motorists were arrested for drunk driving or DUI on drugs.

Out of the people who were arrested, 138 were arrested for extreme or super-extreme DUIs with blood alcohol concentrations of 0.15% or higher. The state also reported that 157 people were arrested and charged with drugged driving. The total number of Memorial Day DUI arrests during the weekend in 2021 significantly increased compared to the 409 arrests in 2020, which Covid had an influence over.

Whether you are planning to attend a backyard barbecue, spend time with your family, head out on the town, or go to popular lakes or rivers, you can be sure that the police will be out in force to try to catch drunk drivers.

Below is some information you should be aware of during this Memorial Day holiday weekend from the Shah Law Firm.

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Arizona Marijuana Laws 2022

Arizona Marijuana Laws and Penalties Updated for 2022

While Arizonans have had more than a year to get used to legalized recreational marijuana laws in the state, many remain unaware of some of the legal changes that have accompanied its legalization. People need to understand the effect of recreational marijuana on various criminal laws and the differences between the laws surrounding recreational vs. medical marijuana.

Even though it is legal for adults 21 and up to possess and consume small amounts of marijuana, people can still be charged with marijuana offenses if they do not follow the laws. 

An experienced criminal defense lawyer at the Shah Law Firm can help you understand these laws and what you should avoid preventing yourself from being charged with a marijuana-related crime in 2022.

How Legalized Recreational Marijuana Laws have Changed in Arizona?

During the 2020 election, Arizona voters passed Proposition 207, which resulted in the legalization of recreational marijuana. This bill came 10 years after voters passed Proposition 203 in the Nov. 2010 election, which legalized medical marijuana. Like the earlier medical marijuana law, Proposition 207 caused numerous changes to how marijuana possession is treated in the state.

Before recreational marijuana was legalized, people caught with any amount of marijuana under two pounds could be charged with a class 6 felony under ARS 13-3405. However, Proposition 207 created a new chapter in Title 36 of the Arizona Revised Statutes called the Responsible Adult Use of Marijuana.

This chapter includes multiple statutes that govern the recreational use of marijuana, including where it can be used, who can use it, the amounts that people can legally possess, and others.

Under ARS 36-2852, for example, adults ages 21 and older can legally possess up to six plants, five grams of marijuana concentrate, or one ounce of cannabis.

However, if you possess more than the above-listed legal amounts of marijuana, you can still face charges as follows:

  • More than one but less than 2.5 ounces as a first offense – Civil offense with a fine of $100 under ARS 36-2853
  • More than one but less than 2.5 ounces as a second offense – Petty offense that could result in eight hours of mandatory drug education
  • More than one but less than 2.5 ounces as a third offense – Class 1 misdemeanor carrying up to six months in jail
The Arizona marijuana laws are different if you are a certified medical marijuana user.

If you are caught with more than 2.5 ounces of marijuana but less than two pounds, you can still face Class 6 felony charges under ARS 13-3405. There are also restrictions on where you can smoke marijuana. Under these new laws, you are technically not allowed to smoke it in open public areas. While Arizonans can now legally grow marijuana plants, you must also follow the restrictions.

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Driving Out of Arizona with Marijuana

Driving with Marijuana Out of Arizona

Medical marijuana has been legal in Arizona since it was approved by voters in 2010, and voters in the 2020 election also passed Proposition 207 to legalize the recreational use of marijuana among adults in the state in Nov. 2020.

Arizona is now one of 17 states that have legalized recreational marijuana.

While Arizona borders several states that have legalized both recreational and medical marijuana, including California, Colorado, and Nevada, it does not mean that you can get on the road to travel out of state with marijuana purchased within Arizona.

More than 203,000 Arizonans are also registered medical cannabis users, comprising a little more than 3% of the state’s population. Even if you have a valid medical marijuana card in Arizona, that does not mean that you will be legally allowed to bring your medicine with you to another state.

Here is some information about the Arizona marijuana laws and traveling with marijuana within the state or out of state from a marijuana DUI lawyer at the Shah Law Firm.

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Minor in Possession of Alcohol or Drugs in Arizona

The State of Arizona has passed strict laws that make it illegal for anyone under the age of 21 to consume or possess any alcoholic beverages. Even holding an unopened alcoholic beverage if you are minor is illegal and can be considered a misdemeanor. These Minor in Possession (MIP) laws are serious and if convicted, these charges are considered a criminal offense. A minor can be arrested, charged, and convicted of a Minor in Possession and receive jail time and have a permanent criminal record. Contacting an experienced defense attorney can help you determine how to best proceed with your case, and help you understand your rights.

Arizona Minor in Possession Statutes

The Minor in Possession statute in Arizona are as follows:

  • ARS 4-241L : If you have a fake ID and purchase alcohol under the age of 21 in Arizona, you will be charged with a Class 1 Misdemeanor. Penalties include fines up to $2,500, revocation of driver’s license for up to six months or 180 days, and jail time of up to six months.
  • ARS 4-241M : If you are under the age of 21 and someone purchases, sells or even gives alcohol to you then you will be charged with a Class 3 Misdemeanor. Penalties include fines up to $500, potential loss of driver’s license for 6 months, and possible jail time of up to six months.
  • ARS 4-241N : If you under the age of 21 and use a fake ID to get into a bar or other establishment that requires all patrons to be over the age of 21, then you will be charged with a Class 1 Misdemeanor. Penalties include fines up to $2,500, suspended driver’s license for up to six months, and jail time of up to six months.

Additionally, if a minor consume alcohol in a public place, he or she can be charged with a Minor in Consumption (MIC) ticket that can result in sanctions, one year of probation and community service.

Possible Defense Against a Minor in Possession Charge

An experienced criminal defense attorney may be able to defend against the charge of underage drinking for either Minor in Possession or Minor in Consumption in Arizona. Depending on the facts and circumstances specific to your particular case, an attorney may be able to build a strong case to attempt to request community service or classes, instead of heavy fines or jail time. Additional defenses against Minor in Possession or Minor in Consumption can include situations that involve a minor using alcohol for medicinal purposes or religious ceremonies. However, the state of Arizona considers Minor in Possession and Minor in Consumption as serious criminal offenses. These charges should not be taken lightly, as the state of Arizona typically takes a zero-tolerance policy regarding minors involved with alcohol.

Contact a DUI Lawyer Today

If you are facing Minor in Possession or Minor in Consumption charges, contact an experienced DUI attorney as soon as possible to help you understand your legal rights. Our firm’s founder, Arja Shah, is a leading defense lawyer in Phoenix, AZ. Her aggressive representation and client services set our firm apart from the rest. You can discuss your case with us by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Contact Arja Today to Learn How She Can Help You!

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