The Behan Law Group, P.L.L.C.

520-220-5047

1-877-MISS-DUI / 1-877-647-7384

Se Habla Español
945 N. Stone Ave, Tucson, AZ 85705

Arizona Marijuana DUI LawyerArizona voters made history this November when they approved legalizing recreational marijuana. Beginning November 30, 2020, adults 21 years or older can legally possess up to an ounce of marijuana, with no more than five grams in a concentrated form, and can grow up to six marijuana plants at home, as long as the plants are within a lockable enclosed area and out of public view.

This ballot initiative, called Proposition 207, will give the Arizona Department of Health Services (AZDHS) responsibility for regulating marijuana retail stores and cultivation facilities. According to Ballotpedia, the passage of Prop. 207 also allows Arizonans who have been convicted of certain marijuana-related crimes such as possession, consumption, cultivation, and transportation to petition for the expungement of their criminal record beginning July 12, 2021.

Although the law has officially been passed, the rules regarding marijuana DUI prosecution are still undecided. In other states that have legalized the plant, the legal limit for driving while high is 5 nanograms of THC per milliliter of blood.

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Tucson criminal defense lawyerCalifornia resident Arthur Lange was driving home one day in 2016 when he caught the attention of a California highway patrol officer, who pursued him with the intention of giving a citation for playing music loudly and honking his car horn.

Instead of conducting a regular traffic stop, the officer followed Lange to his home where Lange parked his car in the garage and headed for the door. Without getting a search warrant or consent to enter the residence, the officer entered Lange’s garage by putting his foot under the garage door to block it from closing.

Upon talking to Lange, the officer believed he could smell alcohol on his breath and charged Lange with a DUI. In court, Lange argued that the officer’s entry into his garage without a warrant violated his Fourth Amendment right to be protected against unreasonable searches and seizures.  When the police seize evidence illegally, the exclusionary rule usually operates to bar the government from using that evidence at trial

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Arizona DUI Attorney Michelle BehanIn Arizona, officers must draw your blood within two hours of you being pulled over for suspicion of DUI if they wish to use the blood results as evidence against you. That’s because the law says you cannot have a prohibited alcohol concentration within two hours of driving or being in actual physical control of a car. The police are aware of this short window and will try to draw your blood as quickly as they can. However, in some cases, a driver’s blood is not taken until 2 hours after the stop. In fact, it is not unusual for testing to occur outside the 2-hour window.

Even if the police miss the two-hour window on drawing your blood, they can still try to use the results as evidence against you by relying on something called retrograde extrapolation. This scientific process determines if you had a BAC of .08 or higher within two hours of driving. Usually, the State will have a chemist testify using the blood result and guess backwards as to what your BAC would have been within two hours of driving.

However, retrograde extrapolation has been criticized by many experts in the field. Some argue that this method requires a chemist to make several assumptions. For example, chemists often assume that the alcohol was completely absorbed at the time of testing, or that the alcohol curve was charted correctly, or that the alcohol in your system was eliminated at an average rate. These are major assumptions that may be wrong and affect the results of the chemist’s BAC estimation.

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Arizona DUI Attorney If you refuse to take a chemical test from an officer who suspects you are driving under the influence, your license may be suspended for 1 year.  The lawyers at The Behan Law Group will fight to keep your driving privileges in tact.  However, even if your license suspension is upheld for one year, there are still ways to be able to get you back on the road. 

Arizona allows drivers facing a one-year suspension to obtain a restricted driving permit, called a Special Ignition Interlock Restricted Driver’s License (SIIRDL) for the last 9 months of the 1 year suspension. This license is separate from an ignition interlock device and is voluntary.

Requirements:

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Arizona DUI AttorneyIn a state where the penalties for driving under the influence are severe, it is easy to become confused on your rights when being pulled over for a DUI. The Behan Law Group wants you to understand your rights if you are stopped and investigated for a DUI. 

What is a Field Sobriety Test and a Chemical Test?  In Arizona, officers use two different types of tests to check a driver for DUI: field sobriety tests and chemical tests. Field sobriety tests are subjective tests that an officer might ask you to perform on the side of the road, such as the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, the One-Leg Stand Test etc. On the other hand, chemical tests check your blood alcohol concentration (BAC) level by testing your blood, breath, or urine. Breathalyzers, urine samples, and blood draws are all types of chemical tests.

Can I refuse to take sobriety tests?  Yes and no.  While it’s true that you cannot be forced to take a sobriety test, there are some consequences for refusing.  The fact that refused can be used against you in court in some cases.

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