If you have been charged with a violation of A.R.S. § 13-3405(A)(1), in order to obtain a conviction, the State must prove that you knowingly possessed or used marijuana. A conviction under this statute is a class 4 felony if the amount of marijuana is more than four pounds, a class 5 felony if the amount is between two pounds and four pounds, and a class 6 felony if the amount is less than two pounds. If the amount of marijuana is less than two pounds, in some cases, the offense may be charged as a misdemeanor or reduced to a misdemeanor via plea agreement or order of the judge.
Driving Under The Influence – Arizona DUI Laws
An Arizona DUI case will be charged as either a misdemeanor or a felony offense depending upon the particular facts of the case, the status of the defendant’s driving privileges and prior criminal history. Arizona’s DUI offenses are set forth in Arizona Revised Statutes §§ 28-1381, 28-1382, and 28-1383.
Misdemeanor Offenses: A.R.S. §§ 28-1381 and 28-1382
(1) DUI: A.R.S. § 28-1381(A)(1)
“DUI” means “Driving under the Influence” of intoxicating liquor (or drugs). The DUI charge involves a law enforcement officer’s suspicion the DUI suspect’s ability to drive is impaired. Although evidence of the subject’s Blood Alcohol Concentration (“BAC”) is relevant to the DUI charge, this offense does not require proof of a chemical test or evidence of the suspect’s BAC. This charge can be based solely upon the suspect’s (1) driving behavior, (2) physical appearance and performance on a field sobriety test, and (3) verbal admissions.