Per A.R.S. §28-1381 (A)(3), it is illegal to drive with a metabolite of illegal or illicit drugs in a person’s body. “Illegal” drugs are the widespread pharmaceuticals that we all know (cocaine, marijuana, etc.) that are typically illegal for everyone to use. An “illicit” drug is a lawful prescription drug that is possessed by an individual who does not have a valid prescription to consume or possess those drugs.
Under this statute, it does not matter whether or not you are impaired by the drug while driving, and it is a “strict liability” crime to have those metabolites in your system. This means that you could have smoked marijuana thirty (30) days before driving, and still be pulled over and cited for a DUI. However, the police officer is still required to have “reasonable suspicion” and “probable cause” in order to pull you over or force you to provide a blood, breath or urine sample. This will be explained more completely in the “Possible Defenses” section.