After Angel Martinez admitted to a Safford police officer on Sunday that he had smoked marijuana the previous night, he was placed under arrest for aggravated DUI, according to the Eastern Arizona Courier. Yet some Arizona DUI attorneys would argue that this is hardly fair, since the man was not necessarily under the influence of drugs while he was driving.
According to the National Organization for the Reform of Marijuana Laws, drug tests can detect marijuana in the body for up to six weeks after use. In Arizona, a person can be charged with driving under the influence of drugs if there is any drug metabolite in their system. So a person can be charged with DUI, even if he or she hasn't ingested marijuana for several weeks and does not show any sign of impairment.
With the case of Mr. Martinez, the man was charged with aggravated DUI because there was a child in the car while he was allegedly driving under the influence. Besides 22-year-old Martinez, occupants in the car included a 16-year-old male, a 21-year-old female, and the female's 1-year-old son.
The only reason why police officers initially pulled Mr. Martinez over was because the man was driving with a windshield that appeared to be broken. Officer Herschel Medlin then found drug paraphernalia on Mr. Martinez, which prompted the interrogation. Because Mr. Martinez is a Phoenix resident, copies of the police report were sent to the Phoenix Police Department for review.
It is important for citizens to know their rights when they are stopped and questioned by law enforcement. If you want to know more, it may be wise to consult with a Phoenix DUI attorney.
Related Resources:
- Understanding Marijuana's Effect on Driving Ability (Phoenix DUI blog)
- Drunk Driving Down; Drugged Driving Sky High (FindLaw Blotter)
- Find a Phoenix DUI Attorney (FindLaw)
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