is a Marijuana DUI as bad as an alcohol DUI?

[nandez0074]

I was recently pulled over and arrested for a DUI for marijuana and I had some questions about the process. I wasn't sure if they test for the amount in you blood like alcohol so it can be or regular DUI or an extreme? Will I get into the same amount of trouble if I had been drunk instead or having marijuana in my blood? How long does it usually take to get a court date? I live in Arizona. Since marijuana stays in your blood longer than alcohol am I screwed no matter what? Does anyone know if I have any options at all? I know I have to except the consequences for my actions but I feel like there are people doing much worse things than smoking pot, like being belligerently drunk sitting next to me. The officer said I would be able to pick my car up today and the yard won't let me take it. Does it matter that the officer technically lied to me? I just have no clue really about this. Thank you to anyone that reply's to this I really appreciate it.

[Citicop]

There is no legal difference between being impaired by alcohol, marijuana, methamphetamine, or legal prescription drugs. Impaired is impaired when you are behind the wheel.

The officer is not responsible for the actions of the tow yard. You have no proof that the officer lied, he may really have believed at the time you could get your car today. Even if he DID just look you in the eye and lie about picking your car up, it would have absolutely no bearing at all on your criminal charges.

For the remainder of your questions, I will refer you to the attorney of your choice.

And for the record, leave the "I think people are doing worse things than than smoking pot" argument at the door. What happened to you is not about legalization of marijuana.

You drove while impaired, which killed more than 13,000 people in 2008.

-Citicop.

[Safety Steve]

Will I get into the same amount of trouble if I had been drunk instead or having marijuana in my blood?

Yes.



Be Safe.

[Kimble]

EDIT: tried to move this thread to a more appropriate sub-forum but looks like this section is only able to be edited by admin.

nandez0074, please in the future post questions like this in Ask A Cop or another more appropriate sub-forum, this one is for questions or help related to technical issues with the website.

[Switchback]

EDIT: tried to move this thread to a more appropriate sub-forum but looks like this section is only able to be edited by admin.

nandez0074, please in the future post questions like this in Ask A Cop or another more appropriate sub-forum, this one is for questions or help related to technical issues with the website.

Done.

[Sgt. Slaughter]

I wasn't sure if they test for the amount in you blood like alcohol so it can be or regular DUI or an extreme?
"Extreme DUI" is only for alcohol.

Will I get into the same amount of trouble if I had been drunk instead or having marijuana in my blood?
Depends on your level of "drunk." AZ DUI statute

How long does it usually take to get a court date?
Depends on how long it takes to get the blood results back from the lab. Once that comes back to the officer, it's forwarded to the prosecuting attorney and the charges are filed.

I live in Arizona.
Sucks to be you. Arizona is one of the strictest states for DUI enforcement. Look right around subsection I of the link I provided above. Jail, fines/fees/other monetary penalties and equipping your vehicle with a certified ignition interlock device at YOUR expense. Don't put one in? When you get caught operating a vehicle without one - BLAMMO! Back to the pokey. That's not even got anything to do with your automobile/health/life insurance when they find out you smoke pot and drive. Those rates will be going up...up...up!

Since marijuana stays in your blood longer than alcohol am I screwed no matter what?
The length of time something stays in your blood has nothing to do with your ability to be "screwed." The vial the blood is in will preserve the sample in the same state in which it was taken from your body for a loooooong time. Blood has to go through a process in your body to metabolize anything you've put into it. Blood isn't in your body? The evidence isn't going anywhere.

Does anyone know if I have any options at all?
Your lawyer knows.

I know I have to except the consequences for my actions but I feel like there are people doing much worse things than smoking pot, like being belligerently drunk sitting next to me.
You're correct. I bet the people that get speeding tickets talk about all the people driving DUI being "worse" than them speeding. Oh look! You got busted and made the speeders happy.

There are varying levels of not only culpability, but criminal classifications as well. Arizona uses the following classifications:

Felonies are obviously more serious than misdemeanors, and below are the classifications and potential presumptive sentences for each type of felony in Arizona:

* Class 1 felony: 25 years to life in prison, and the death penalty is possible in cases of first degree murder
* Class 2 felony: 5 years
* Class 3 felony: 3.5 years
* Class 4 felony: 2.5 years
* Class 5 felony: 1.5 years
* Class 6 felony: 1 year

Misdemeanors are generally less severe than felonies in Arizona, and like with felonies, Arizona has a number-based system designed to describe the severity of the crime alleged. Below are those classifications and the potential periods of incarceration for each:

* Class 1 misdemeanor: 6 months
* Class 2 misdemeanor: 4 months
* Class 3 misdemeanor: 30 days

Possession of marijuana and possession of drug paraphernalia are Class 6 felonies. You were not charged with simple smoking pot, you're charged with a crime where you're piloting well over 2,000 lbs of metal, glass and combustibles while you're impaired. 1st offense DUI is a Class 1 misdemeanor. As you can see from the chart, there are two levels of criminal acts below yours - probably whining about "more serious crimes" when they're charged as well.


The officer said I would be able to pick my car up today and the yard won't let me take it. Does it matter that the officer technically lied to me?
You've given no proof the officer lied and I highly doubt he would injure his integrity over you and your car. Why won't the yard let you get the car?

I just have no clue really about this.
I can tell. That's why God created lawyers. Get one.

[mcsap]

PA hammers you a little harder for a drug involved DUI vs. an alcohol one.

Other than that , quit driving under the influence or better yet , quit using mj. Your life will be better without it.

[Piggy]

I know I have to except the consequences for my actions but I feel like there are people doing much worse things than smoking pot, like being belligerently drunk sitting next to me.

I always enjoy how people minimize their crimes. Sure there are worse things than smoking pot, but you can say that about any crime. There are worse things than killing one person, you could kill two. You only raped one person, you weren't a serial rapist. Doesn't matter how you minimize it, you still committed a crime.

[Legoate]

Truthfully I'd rather be sitting next to a belligerent drunk in my vehicle, than know that the driver is DUI. Belligerent drunk passengers rarely run red lights and kill people.