Researchers Developing Marijuana Detecting Breathalyzer

As Arizona and other states have decriminalized the possession and use of marijuana, at least three research companies say they have developed or are in the process of creating a handheld machine that can detect THC, the active ingredient in marijuana, during a traffic stop.

A Phoenix-based company, ElectraTect Inc., is currently developing with an out-of-state firm a device for breath testing for marijuana. ElectraTech Inc., has developed a sensor to detect THC, but it is still in the future for a small hand-held machine for police use.

Hound Labs based in Oakland, Calif., and Cannabix Technologies of Vancouver, British Columbia, are also developing these machines that are intended to be easy to use and are not invasive.

These devices are being designed to detect marijuana use within a three-hour timeframe when marijuana impairment is at its most obvious.

THC is most often measured in a reading similar to the blood-alcohol concentration (BAC) result. Without the new devices, impairment from marijuana is determined by testing blood and urine. The THC molecule, unlike the ethanol molecule in alcohol, is more difficult to isolate and can be detected days after using marijuana.
 

Drug recognition experts

As a marijuana breathalyzer grows closer to reality, greater Phoenix and other Arizona jurisdictions rely on traffic officers who are trained as drug recognition experts (DRE).

To become a DRE rated officer, the person must have three years of law enforcement training and complete the training program consisting of 88 hours of instruction in three phases.

Upon graduation, they must perform at least 12 test drug evaluations and then pass a comprehensive examination. Lastly, DRE officers must be recertified every two years.
 

Marijuana DUI conviction consequences in Arizona

Driving while under the influence of THC is a Class 1 misdemeanor, the most serious of the misdemeanor class.
 
A marijuana DUI conviction means expensive fines and a criminal record that will follow you and can harm your chances for a job and even a career for licensed professionals. Background checks will reveal your conviction whether by verdict or a plea agreement, and can be entered into the state’s searchable records system.
 
Property renters, credit scoring agencies, and company human resource departments can easily access this information. Arizona, however, in 2017 eliminated questions about an applicant’s criminal record for state jobs.
 
Arizona sets its punishments for marijuana DUI depending on if it is a first, second, or third offense, accompanied by increasing penalties.
 
Misdemeanor first offense includes:

• At least 10 days in county jail with 9 days suspended upon completion of drug screening and counseling
   
• Fines reaching as much as $1,500
   
• 90 day license suspension.
   
• A term of probation up to 5 years
   

Felony marijuana DUI consequences

An aggravated felony conviction is charged with severely impaired driving. While having a suspended license, driving the wrong way, driving without a court ordered interlock, or for driving with a child in the car under the age of 15. A felony conviction includes longer sentences, larger fines, and a number of restrictions.

A person who is a first-time aggravated DUI involving marijuana defendant, if convicted, will be sentenced to a mandatory minimum of four months in state prison, not county jail. The maximum prison time for a Class 4 felony is 3.75 years. After release, the court may order a lengthy term of probation for up to 10 years.

In addition to imprisonment, the convicted felon can be ordered by the court to submit to substance abuse screening, and classes. Fines and surcharges for a Class 4 felony can total $4,675.50.

A felony marijuana DUI conviction means you will be stripped of the constitutional right to have and possess a firearm, the right to vote in elections, hold public office, or join the military. It will become problematic to hold or keep a job or to rent a place to live. However, a new law, Arizona Revised Statute §13-907, effective Jan. 1, 2023, allows a person convicted of a felony DUI to become eligible to have the case history removed from the public record after a period of waiting.

Those who hold professional licenses, such as teachers and real estate agents and many others, will lose their licenses; but in some situations, they may qualify for Arizona’s new Second Chance law for non-dangerous Class 4 and Class 6 felonies.
 

Defenses for a marijuana impaired DUI in Arizona

To earn a marijuana DUI conviction, the state must prove beyond a reasonable doubt that the defendant was driving or in actual physical control of the vehicle while impaired. But people and devices are not infallible. Driving after consuming marijuana is not proof of impairment without strong medical evidence.

Police officers who did not have probable cause or reasonable suspicion to make a traffic stop will result in dismissing the marijuana impairment charge. Every case is unique, so other defenses may be available.

In iron-clad prosecution cases, a plea agreement may be possible depending upon the facts of the case.
 

Protecting your legal rights

The troubling thing is that using marijuana in the evening and driving the next morning can lead to an impairment charge. As machine testing the level of marijuana is coming, there may be issues with the device or its results that can be used in your defense.

A skilled criminal defense attorney is necessary since the legalization of marijuana in Arizona is new legal territory, and Arizona medical licensed marijuana patients are not exempt from the law.

The best approach to win your case is to have an accomplished criminal defense attorney such as myself standing by you at the earliest possible time following the arrest.
 

Aaron M. Black Law for marijuana DUI defense in Phoenix

I know that good people can make a mistake and find themselves in trouble with the law and that is why I fight hard for my clients. I have an extensive record of aggressively defending marijuana DUI charges, always with the goal of winning a dismissal of the charges by attacking the state’s evidence and procedures and developing evidence favoring my clients.

I provide individual legal services, so you will always talk to me directly, never to an assistant.

Begin your defense by calling me at 480-729-1683, and I will respond promptly unless I am in court or at trial. Or use my easy contact form on my website. I defend marijuana DUI charges in Phoenix, Scottsdale, and throughout Arizona, including Maricopa, Pinal, Yavapai, and Coconino County Superior Courts.