DUI Lawyer Defending People in Phoenix, Scottsdale, and Tempe, AZ

Mark N. Weingart has been practicing law in Arizona, specifically Phoenix, Scottsdale, and Tempe, for 35 years. He is a former assistant county prosecuting attorney in the State of Ohio, where he prosecuted in excess of 100 DUI cases early in his career. When he came to Arizona in 1979, he was appointed as a city court judge in the City of Tempe, where he presided over DUI cases. At the time, Mr. Weingart was the youngest appointed city judge in Arizona. He worked full- and part-time in that capacity from 1979 until 1986. Also for a six-year period, he served as an Assistant Attorney General for the State of Arizona.

You can expect a call immediately after submitting your contact information, regardless if the submission is after normal business hours or on the weekend. When you email or call the office, you will speak with a member of The Weingart Firm directly. When you call, you will speak with us right away. We will go over all of your paperwork, explain the process, time frames, what to expect, and answer all of your questions.

Arizona’s Medical Marijuana Laws

Arizona’s Medical Marijuana Laws

In November 2010 Arizona passed the Arizona Medical Marijuana Act (AMMA) which outlines the regulations for medical marijuana.2 The act designated the Arizona Department of Health Services as the department to come up with the rules and components of the medical marijuana program and to come up with registration and oversight for medical marijuana dispensaries.3 In order to use medical marijuana, you need to be a qualifying patient. Adults can fill out an online application form complete with an attestation form when you are applying for a certification or registration identification card.4 You will need to provide identifying information (such as your name, gender, address, and phone number) as well as whether or not you are requesting authorization to cultivate marijuana plants.5

Arizona has debated whether or not this law provides a sort of immunity to those who drive when they lawfully use medical marijuana. In 2013 the Arizona Court of Appeals has said that there is not a blanket immunity from DUI prosecution if you have a marijuana chemical compound in your body.6 Thus, if you are driving after using medical marijuana you could still be charged under DUI laws that ban having a prohibited compound in your body.7 In this case an Arizona man was pulled over for making unsafe lane changes and charged under Arizona statutes for driving while under the influence of any drug to the slightest degree and for driving with a metabolite in his body because he had “smoked some weed.”8 While the first charge was dismissed, the metabolite charge remained.9 The reasoning behind Judge Michael Brown’s decision was that the medical marijuana statute did not contain specific language concerning protecting medical marijuana users from being punished for driving under the effects of the marijuana metabolite.10

However, this ruling was later reversed in April when the court determined that the phrase “its metabolite” in the Arizona statute was ambiguous and subject to different interpretations.11 The court found that including marijuana metabolites that do not cause impairment is absurd because it would create criminal liability no matter how long the metabolite was in the driver’s system and whether it had any impairing effect.12 The Arizona Supreme Court went on to reference how the AMMA legalized medical marijuana, and thus such usage is legal and should not be criminally prosecuted under Arizona DUI laws.13

Involuntary Intoxication Defense to DUI

Involuntary Intoxication Defense to DUI

by DUI attorney Christopher H. Ariano

A Driving Under the Influence (DUI) charge can harm your life. You impliedly consent to field sobriety tests once you get into a vehicle, and if you are pulled over and have a Blood Alcohol Concentration (BAC) of over 0.08% after such tests you could be saddled with this kind of charge. Arizona has serious DUI penalties that can affect your employment prospects and financial situation. It is important to contact an experienced DUI attorney if you find yourself in a position where you are charged with a DUI.

Is a DUI a strict liability offense?

In some jurisdictions a DUI is a strict liability offense, which means that in order to be convicted the prosecution does not need to prove any intent element (i.e. that you intended to drive drunk).1 In Arizona, a state of mind requirement for a DUI conviction is absent. However, a reckless state of mind could be implied from the action of driving while under the influence of intoxicating liquor, vapors, or drugs. See generally A.R.S. § 28-1381(A).

What is the involuntary intoxication defense?

In certain states involuntary intoxication is a full defense to a crime.2 You do not need to consume alcohol in order to be charged with a DUI. A drug or a drug metabolite will also be enough for you to earn a DUI charge. Involuntary intoxication defenses are fact specific. Various states have different contexts where involuntary intoxication could be a defense, such as where intoxication is through force or fraud, where it was caused by an innocent mistake (e.g. taking a hallucinogenic pill in the reasonable belief that it is an aspirin), where unexpected intoxication comes from a medically prescribed drug, or where you unknowingly suffer from some physiological or psychological condition that renders him abnormally susceptible to a legal intoxicant.3

Further, in California if you are intoxicated when you did not choose to consume alcohol this is a complete defense to a criminal charge.4 However, it is often difficult to prove involuntary intoxication. In California, you would have to show that you consumed alcohol or drugs without knowing you were doing so or that somebody forced you or tricked you into taking this intoxicating substance.5 Colorado also has an involuntary intoxication defense etched into its statutes as an affirmative defense.6 The defense in Colorado focuses on the defendant’s lack of capacity to conform his or her conduct to the requirements of law after a substance, that was not known to be an intoxicant, was introduced into his or her body.7

In Arizona it is uncertain as to whether the involuntary intoxication defense would be a valid defense. Arizona does recognize the involuntary intoxication defense in crimes that require a mental state (such as intent or knowledge).8 Thus, if someone is forced to take drugs or alcohol or does so without knowledge that what they were ingesting was an intoxicating drug it could negate the mental state element of the crime. If you have been charged with a DUI in Arizona, it is best to contact an experienced Arizona DUI attorney. Your attorney will be able to mount your best defense considering your circumstances.