SCOTTSDALE, AZ (AZFamily) — The arrest of Phoenix Suns star Dillon Brooks in Scottsdale on Friday has drawn new attention to Arizona’s DUI laws, specifically as they relate to marijuana.
Brooks was arrested after officers reported smelling a strong odor of marijuana coming from his car following what police described as weaving in and out of traffic lanes.
A breathalyzer test showed no signs of alcohol in his system. Officers took Brooks into custody based on their observations and a conclusion that he was impaired by marijuana, and administered a blood test.
A huge “gray area”
DUI attorney Craig Rosenstein reviewed police body camera video from the arrest. He noted that Brooks denied having smoked marijuana and made no admissions during the stop.
“In this particular case, he denied having smoked any time in the past. There was no admission to anything,” Rosenstein said.
Rosenstein said there is a significant gray area in Arizona when it comes to DUI arrests involving marijuana. There is currently no breath test available for drivers suspected of marijuana impairment, and he said blood tests can be misleading because Arizona has no legal threshold establishing what levels of THC in the body constitute impairment.
“Let’s say it’s medical marijuana and they smoke every day for medical purposes before bed. When they wake up in the morning, they’ll have very low levels of THC in their system that could have absolutely no effect on them at all, not be impairing at all,” Rosenstein said.
Officer observations drive most marijuana DUI cases
Jesse Torrez, director of the Governor’s Office of Highway Safety, said most marijuana DUI cases rely on an officer’s observations, expertise and training to determine whether a driver is impaired.
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Torrez said Arizona law is clear that it is illegal to drive with any drug in the body, including prescription medication and marijuana.
“It’s not rocket science to go out there and see somebody who is impaired,” Torrez said. “It could be somebody who is traveling in between lanes, somebody going 5 mph in a 45 mph zone, stopped at a traffic light too long, slumped over the steering wheel. These are all signs of impairment.”
Once blood test results are returned, it will be up to Scottsdale prosecutors to determine whether charges are filed against Brooks.
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