State v. Boyd

In State v. Boyd, 201 Ariz. 27, 31 P.3d 140 (App. 2001), the defendant ingested a legal substance that, when metabolized, turned into a prohibited drug. Id. at 2910, 13 P.3d at 142. The defendant was charged and convicted of driving while having a dangerous drug in his body, a violation of A.R.S. 28-1381(A)(3). Id. at11. On appeal, the defendant claimed that the statute was vague as applied to him because the statute did not give notice that ingesting the legal substance in question would cause him to violate the statute. Id. at12. The Court agreed, holding that a person of average intelligence and common knowledge would not be aware of the bodily process that turned the legal substance into the prohibited drug. Id.