How can you determine dui if it is marijuana and not alcohol?
A friend of mine got pulled over and a passenger in the car had a small amount of marijuana (less than 1 gram) along with a pipe. The cop arrested them both because my friend was driving on a suspened licence. When they went to the station, a dui test was performed by the arresting officer, who determined he was dui, he blew zeroes on the breathalizer, so no alcohol, but he was determined to be dui of marijuana. When they called in a dui expert, he determined that he was not dui. They then made him take a urine test. What are they going to go on for determining whether he is dui or not. He contends that when he was in Vegas, he did use marijuana. He then says that he did not use it the morning in question, and that it had at least been 6 or 7 hours since he used any. Lastly, he was charged with two counts of aggravated dui. I have acces to AZ law cases, but I cannot find any precedent cases. I really need to know two things; 1) how can they determine a dui of marijuana from a urine sample, and 2) where does the second count of aggravated dui stem from?
1 Answer from Attorneys
Re: How can you determine dui if it is marijuana and not alcohol?
1. The lab reagent tests for THC in the urine. The test is now unremarkable and quite reliable if all factors are good. THC may remain in the body for months - it is fat soluable. The UA will undoubtedly show the presence, but not the concentration, of THC in the body if taken 72 hours or less from the time of the last consumption.
2. One can be charged only once for the same crime. It is double jeopardy unless there are other factors not related in your post.
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