PHOENIX - Too much celebrating in Denver could have led to trouble right here in the Valley Thursday night.
That is if fans were taking part in smoking recreational marijuana, which is now legal in Colorado.
“In Arizona the rule is if you have any of the drug, the active drug, the thing that gets people high or its metabolite in your system, you’re technically DUI,” said Craig Rosenstein, of Rosenstein Law Group.
Rosenstein would know. As a DUI lawyer he’s seen countless cases of people smoking pot legally somewhere else, then getting nailed for it in Arizona.
“It could be Colorado, it could be Washington, it could be Amsterdam. It could be anywhere in the world where people smoke marijuana and then get behind the wheel of a car in Arizona,” Rosenstein said.
Chandler police Det. Seth Tyler says police have to have “probable cause.”
Tyler says Rosenstein is missing one important point – that cops have to have a reason to pull you over in the first place.
“The officer has to have impairment, they have to have probable cause that that individual was operating the motor vehicle and that they were impaired to the slightest degree,” Tyler said.
Rosenstein responds, “The reality of that is that it’s an incredibly low standard.”
Both sides agree it’s up to the officer to decide what counts as impaired and it’s their call whether to arrest you and test your blood.
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