We, the United States, inherited our law from the English. That is what the "common law" means. Among other things that the English proclaimed, was a distinction between things that are obviously wrong and things that are wrong by fiat or rule. For example, murder is obviously wrong. Even if there was no law, statute, or judicial order, intuitively, we would know that we should not murder someone else. Compare that with driving on a suspended license. There is nothing that our intuition would tell us about such a crime that we would consider it wrong in itself. Be that as it may, the legislature in Arizona has said that if you drive with a suspended license, you are committing a misdemeanor and can go to jail. Many crimes that are considered victimless fall in the category of wrong by fiat. But just because a crime is wrong by fiat does not mean it is not a crime or enforcement of that crime is wrong. That leads to the following principle: for any act to be a crime, there must be a legitimate reason for it's enforcement, even if it is victimless.
WHY SHOULD I BE CONVICTED OF DUI IF I WAS NOT IMPAIRED?
But what about driving under the influence? Most people arrested for DUI in Arizona have not hurt anyone and thus it is a victimless crime. But most people would agree that even if no one is hurt by a particular DUI, the potential of harm is enough to warrant enforcement of such a law, even in the case of no accident or injury. Of course, many, many people die every year from accidents caused by drunk drivers, and many, many more would die without strict enforcement of Arizona DUI laws. In fact, Arizona has the strictest DUI laws in the United States.
WHAT IS DRIVING UNDER THE INFLUENCE OF AN ILLEGAL DRUG IN ARIZONA MEAN?
But should that same reasoning, enforcement of DUI laws without injury or victims, apply when the only substance in the driver's body is the inactive metabolite of an illegal drug? For instance, someone can smoke marijuana regularly, stop using, and still get convicted of DUI a month later after last using because his body can retain the inactive marijuana metabolite (THC) a month after last using it. According to the Arizona state legislature, the answer to that question is yes. Thus, the state of Arizona can, and does regularly, convict drivers of DUI even though the metabolite in their system has absolutely no influence on their ability to drive.
WHAT ARE THE CONSEQUENCES OF A DRUG DUI IN ARIZONA?
This statute is found in Arizona Revised Statutes ARS 28-1381(A)(3). For someone who is convicted of ARS 28-1381(A)(3) will have to have a interlock device installed in their car, even if the driver has never had a drop of alcohol in their life! One of the odd things about this law is that if you have any illegal drug in your system, even something like an illegal steriod because you will be going to the Olympics, that is a DUI in Arizona.
IF I HAVE BEEN CHARGED WITH AN ARIZONA DUI, IS IT WORTH FIGHTING? HOW?
Yes, it is worth fighting. The consequences of not fighting are too severe. Fight it by contacting us for your free consultation.
