Wozniak v. Galati
In Wozniak v. Galati, 200 Ariz. 550, PP17-18, 30 P.3d 131, 136 (App. 2001), the defendant had argued he was eligible for probation under 13-901.01 after he was convicted of "driving while there was an illegal drug or its metabolite in the . . . body." A.R.S. 28-1381(A)(3); Wozniak, 200 Ariz. 550, P16, 30 P.3d at 135-36.
The defendant in Wozniak had maintained that because "a violation of A.R.S. 28-1381(A)(3) requires only that a person use a proscribed drug at some point before driving," and does not require evidence of impairment, his conviction was actually for the "personal . . . use of a controlled substance" and was therefore subject to 13-901.01(A). Wozniak, 200 Ariz. 550, P16, 30 P.3d at 135-36.
The court rejected Wozniak's argument, stating:
The plain language of A.R.S. 13-901.01(A) applies to "any person who is convicted of the personal possession or use" of drugs. But Wozniak was convicted of violating section 28-1381(A)(3), which, along with other statutes, regulates the privilege of driving on Arizona's public roads. The legislature apparently concluded that the public has a strong interest in deterring those who use banned substances from driving motor vehicles. Wozniak, 200 Ariz. 550, P17, 30 P.3d at 136.