Category: per se

Arizona: Supreme Court Rejects DUI Per Se Standard For THC Metabolites

The Arizona Supreme Court this week rejected a 1990 state law that classified the presence of inert THC metabolites in blood or urine as a per se traffic safety violation. The Court concluded: “Because the legislature intended to prevent impaired driving, we hold that the ‘metabolite’ reference in § 28-1381(A)(3) is limited to any of a proscribed substance’s metabolites that are capable of causing impairment. Accordingly, … drivers cannot be convicted of the (A)(3) offense based merely on the presence of a non-impairing metabolite that may reflect the prior usage of marijuana.”

Oklahoma Becomes Third State This Year To Approve Unscientific Per Se Limits For Cannabis

Oklahoma Gov. Mary Fallin has signed legislation, House Bill 1441, into law that criminalizes drivers from operating a motor vehicle if they have any detectable amount of THC and/or its inactive metabolites in their blood or urine. Under such internal possession statutes, known as zero tolerance per se laws, motorists who test positive for the presence of such compounds are guilty per se (in fact) of a criminal traffic safety violation, regardless of whether or not there exist supporting evidence that a defendant was behaviorally impaired by such compounds.

Study: Per Se Drugged Driving Laws Have Little Or No Impact On Traffic Deaths

The imposition of so-called per se drugged driving laws, which create new traffic safety violations for drivers who operate a vehicle with the presence of trace amounts of certain controlled substances and/or their inert metabolites (byproducts) in their blood or urine, do not reduce incidences of traffic safety deaths. That’s the conclusion of a just-published study by economists at the University of Colorado, Denver and Montana State University. The study is available from the Institute for the Study of Labor (IZA) in Germany as a Discussion Paper. Since 1990, 11 […]