Articles Tagged with Drug DUI

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Police may soon be able to conduct roadside testing for impaired driving due to Marijuana and numerous other drugs.

Currently, drug and Marijuana DUI can only be detected in a driver’s blood stream through chemical testing such as DUI blood or urine tests. These methods are intrusive, and sometimes take weeks for the results to be processed.

The new hand-held drug DUI detection device was designed by scientists in Sweden and known as “SensAbues”. It works much like an alcohol breath test which requires the subject to breath into a mouthpiece to enable the filtration and entrapment of certain particles to be examined by police.

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In 2012, Mesa Police reported 3,112 DUI arrests. Of those, 41.6 percent involved some type of drugs. This represented a slight increase over 2011 which was 41.2 percent. Many of these involved synthetic drugs, spice, bath salts, Marijuana, and prescription drugs.

To help address the rising drug DUI arrests, Mesa AZ Prosecutor’s Office was awarded a grant for $59,550 earlier this month by the DUI Abatement Council of the AZ GOHS, designed to improve drug DUI prosecution.

Approximately 80% of the grant will be used to design and post an official website which will include materials, arrest logs, and certifications involving DUI field tests for use by criminal defense attorneys in the discovery phase of a DUI case. This is designed to increase efficiency and save on expenses for police to comply with discovery requests by criminal defense attorneys. Currently, it takes police funding and time to produce information on each and every discovery request on paper and via mail.

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A recent ruling could mean that a motorist who last smoked Marijuana in a legal state a month prior to traveling to Arizona, may be arrested and prosecuted for Marijuana DUI.

An Arizona Court of Appeals marijuana DUI dismissal was overturned recently in favor of the prosecution, and returned the case to the Superior Court for continued prosecution proceedings.

The issue in question was whether or not a motorist could be prosecuted for driving under the influence of Marijuana, even if the only evidence was blood test results that revealed a chemical compound that does not cause impairment; but can remain in the blood stream for a month.

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Grant will help expedite the resolution of Drug DUI charges

The Prosecution of the City of Mesa was awarded a Drug DUI enforcement grant of $6,787. The money is earmarked for crime lab expenses. It will allow the crime lab to stay opened an additional, 240 hours per year. The purpose of the expanded operating time is to dedicate it solely for the purpose of processing Mesa Drug DUI evidence. It is expected to increase drug DUI case processing to an average of 210 cases, and expedite the resolution of charges.

AZ Drug DUI Laws

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AZ Drug Recognition Program Earns National Recognition for Success in Identifying Drug Impaired Drivers

Many Police Officers in Maricopa County are trained in drug recognition and evaluation. This intense and specialized training allows them to distinguish between drug impaired drivers from medically impaired drivers. Symptoms are often similar or the same in both situations.

Qualifications to Participate in DRE

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The Maricopa County Attorney’s office recently issued a press release about Maricopa County Prosecutors preparing to receive some of the most advance training available, to enhance prosecution of drug impaired drivers.

Drug DUI charges now constitute almost half of DUI charges. It is also reported that drug impaired drivers make up about 50% of all drivers involved in fatal crashes and serious motor vehicle accidents.

The officers will be sent for a week long course taught by internationally recognized experts in a variety of fields related to Drug effects and DUI impairments. Subjects will include:

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Arizona Drug DUI – Medication DUI Charges

In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. Under this law, a driver can be arrest for DUI even if they have not consumed any alcoholic beverage. If convicted, a person will be exposed to the same or similar penalties as those that apply to drunk driving convictions. Even the simple presence of a drug in your system is enough for the Gilbert Police to charge you, if they have  probable cause to believe you were driving “impaired to the slightest degree”. Drug DUI offenses charged as Class 1 Misdemeanors. A conviction carries penalties that include 10 days in jail; suspension of driver’s license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona