Driving Under The Influence Isn’t Always Illegal In Arizona

Driving Under the Influence is one of the most irresponsible and dangerous things you can do. Sober driving causes thousands of accidents and injuries per year, and impairing your judgement while operating a motor vehicle can multiply your chance of tragedy by 12.

Unfortunately, impairment is not always an easy judge, and with recreational marijuana use becoming legalized in Arizona, it only made that judgement harder.

Driving High in Arizona

In October of 2022, a man named Aaron Kirsten was pulled over by police in Sedona. The officer immediately noticed that Kirsten's eyes were redder than a stop sign, and he was slurring his speech. Kirsten was offered a field sobriety test, but he declined.

Kirsten was then administered a breathalyzer test, on which he blew a 0.083. This is slightly above the legal limit, and so, he was arrested. When he made it to the station, a blood test was given, showing he had a slightly lower 0.063 BAC, below the legal limit.

Unfortunately, the blood test also showed signs of tetrahydrocannabinol, otherwise known as THC, the active chemical in marijuana.

Get our free mobile app

Read More

You Couldn't Break This Arizona Law Even if You Tried

A Legal Savior

Because of the presence of THC in Kirsten's system, ADOT suspended his license for 90 days. Kirsten immediately tried to appeal this, claiming he had not consumed any marijuana related product within the 24 hours he was pulled over. This was deemed irrelevant right out the gate, as Kirsten still had THC in his system, and therefore broke the law.

Except, he didn't.

Turns out, a combination of two laws, one stating that marijuana consumption cannot limit “any right or privilege conferred or protected by the laws of this state”, and the other stating that DUI arrests can only be made if the driver is impaired while driving with THC in their system. Luckily for Aaron, he was not impaired, and was able to get off the case scot-free.

This shouldn't need to be said, but please, even if you are convinced you are of sound mind, do not drive after consuming any mind altering substances such as alcohol, marijuana, or other drugs.

[Phoenix New Times][National Highway Traffic Safety Administration][Kirsten v. ADOT]