A recent ruling by the Arizona Court of Appeals has set a new precedent for marijuana DUI cases, raising the standard for suspending driver’s licenses. The court ruled that the state must now prove actual impairment when it comes to marijuana use, rather than relying solely on the presence of THC metabolites in a driver’s blood.
Before this decision, the detection of THC in a driver’s system was enough to trigger a license suspension. However, as Julie Gunnigle, Legal Director for Arizona NORML, pointed out, THC metabolites can linger in the bloodstream long after marijuana is consumed, complicating DUI cases.
“They can test positive for those metabolites days, weeks, or even months after consumption,” she explained. This ruling shifts the focus to impairment at the time of driving, rather than just past marijuana use.
“What this case demonstrates is that testing positive for THC metabolites alone doesn’t automatically lead to a license suspension,” Gunnigle added.
This ruling follows Arizona’s legalization of recreational marijuana for adults under Proposition 207 in 2020. Despite the legalization, law enforcement officers still face challenges when it comes to detecting marijuana impairment, as it can’t be measured as easily as alcohol intoxication.
“It’s different from alcohol, where you can use a breathalyzer to get an immediate measurement,” Gunnigle noted.
Pima County Sheriff’s DUI unit leader, Deputy Anthony Pool, said their approach to marijuana DUIs will largely stay the same, focusing on field sobriety tests and other signs of impairment. “We do a good job of administering and documenting field sobriety tests to distinguish between consumption and impairment,” Pool said.
While there are basic tools for detecting marijuana impairment, none are currently used by law enforcement in Arizona. This ruling underscores the need for officers to gather clear evidence of impairment before moving forward with license suspensions.
Pool emphasized that their priority remains removing impaired drivers from the road, regardless of the substance causing the impairment.