ARIZONA DRUG DUI LAWYER

Penalties for a Drug DUI in Arizona
Arizona is known for its harsh DUI penalties. Most notably, you will automatically have to spend at least one day in jail if you are convicted of a DUI in Arizona, even if you have no prior criminal record. A first DUI will get you 1-10 days in jail, and a second and subsequent arrest will result in 30-90 days in jail. You will face up to a few thousand dollars in fines, and you may be required to obtain SR-22 driver’s insurance, which will usually cause your rates to double. You will likely be required to complete community service as well as driving school, and possible drug and alcohol screening and counseling. Your driver’s license will be suspended for a minimum of 90 days for a first DUI, and your driver’s license will be revoked for one year after a second DUI. You may be required to install an ignition interlock device in your vehicle if there is any alcohol in your system at the time of arrest.
Contact an Arizona Drug DUI Lawyer for assistance with Drug DUI charges in Arizona.
Arizona Drug DUI Lawyer
DUI with DRUGS in ARIZONA
FAQ’s and Information Regarding DUI and DRUG DUI Arrests in Arizona
A DUI in Arizona stays on your record, MVD and criminal, for life in Arizona. A DUI will add 8 points to your driving record. These points stay on your driving record for 12 months. You can have a DUI conviction set aside if you meet all applicable requirements. Therefore, this will not permanently erase your conviction like with an expungement, but show that you have complied with all court standards to have your conviction set aside.

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

Even if you have no prior criminal record and this is your first DUI, you will need to serve minimum mandatory jail time if convicted in Arizona. For a first DUI, you will serve 1-10 days in jail. In Arizona, a second DUI conviction will result in 30-90 days in jail. If you are arrested a third time in a seven year period, this will be an aggravated DUI, which will result in at least 4 months in prison.

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

Anyone who operates a motor vehicle while under the influence of a drug that impairs driving ability can be arrested for DUI in Arizona.

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

A.R.S. 28-1381(A)(1) states that it is illegal for a driver to operate a motor vehicle while under the influence of drugs, even if they are only impaired to the slightest degree. A.R.S. 28-1381(A)(3) specifically prohibits driving while under the influence of certain drugs like metabolites, psychedelics, narcotics, and marijuana.

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

There are common side effects with many prescription drugs that impact your ability to drive. Some of these are blurred vision, dizziness, drowsiness, excitability, fainting, inability to focus, nausea, sleepiness, and slowed movement and reaction time. All of these side effects can decrease your safety as a driver.

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

It doesn’t matter if your drugs are prescribed by a doctor- if they impair your ability to drive, you can be arrested for DUI if you operate a motor vehicle while under their influence. This also applies to medical marijuana.  Contact an Arizona Drug DUI Attorneys for assistance with Drug DUI charges in Arizona.

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

Not all drugs impair your driving. Some medications will have no impact on your driving ability and others, like Adderall, may actually make you a better driver. Depressants, stimulants, allergy medications, sleep aids, and psychedelics can all cause driving impairment. Talk to your doctor if you are concerned that your medication is hurting your ability to drive.  Contact an AZ Drug DUI Lawyer for assistance with Drug DUI charges in Arizona

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

Arizona is known for its harsh DUI penalties. Most notably, you will automatically have to spend at least one day in jail if you are convicted of a DUI in Arizona, even if you have no prior criminal record. A first DUI will get you 1-10 days in jail, and a second and subsequent arrest will result in 30-90 days in jail. You will face up to a few thousand dollars in fines, and you may be required to obtain SR-22 driver’s insurance, which will usually cause your rates to double. You will likely be required to complete community service as well as driving school, and possible drug and alcohol screening and counseling. Your driver’s license will be suspended for a minimum of 90 days for a first DUI, and your driver’s license will be revoked for one year after a second DUI. You may be required to install an ignition interlock device in your vehicle if there is any alcohol in your system at the time of arrest.

CONTACT AN EXPERIENCED ARIZONA DUI ATTORNEY

You Can Get arrested for DUI in Arizona because of Legal Drugs

Just because a drug is legal to obtain and use doesn’t mean that it is legal to operate a motor vehicle after using it. It is a common misconception that you are immune from DUI if your drugs were prescribed by a doctor. Some drugs may affect your eyesight, with side effects like dizziness and blurred vision. Others may reduce your ability to pay attention and stay awake. Some medications may slow your reaction time and movement in general. Others could cause nausea so severe that it affects your driving.

If you are concerned about getting a DUI on your prescription medication, check the packaging for warnings about operating a motor vehicle and heavy machinery after dosage. Only take your medication as prescribed, and ask your doctor or pharmacist about how your prescription could interact with any other medication that you take. Some prescriptions may cause an adverse reaction if you don’t eat enough before taking them.
Contact an Arizona Drug DUI Lawyer for assistance with Drug DUI charges in AZ.
Common Drugs that People are arrested for a Drug DUI in Arizona
While most people associate DUI with alcohol, you can be arrested for driving under the influence of many other drugs. Some of these- heroin, cocaine, methamphetamines, psychedelics, and more- are illegal. However, many drugs that impair your ability to drive can be legally obtained. Marijuana is available now for medicinal purposes and will be available for recreational use in Arizona in 2021. Prescription medications are another common culprit in Arizona DUI arrests. Pain relievers, anxiety medications, products containing codeine or antihistamines, some anti-seizure and antipsychotic prescriptions, and some antidepressants can all impair your ability to drive.
Challenging DUI Drug Charges in Arizona

There are numerous defenses that may be available to you, depending on the facts of your case. For example, you may argue that you weren’t in “actual physical control” of the vehicle, or you may have challenges based on how your blood tests and other evidence were handled and maintained. You may argue that the drugs you are prescribed don’t cause driving impairment. You may have constitutional challenges, such as lack of reasonable suspicion to be pulled over, or probable cause to be arrested. Some of your statements to the police may be dismissed if the police fail to read you your Miranda rights.

What Officers in Arizona will Look at When Seeking an Arrest for a DUI with Drugs
When looking for drivers under the influence, police officers will first look for driving patterns that suggest impairment. Swerving, speeding, ignoring traffic signs, failing to use headlights and turn signals, and abrupt stopping can all indicate that a driver is under the influence. Once you are pulled over, the officer will be looking for signs like slurred speech, drug odor, red or unfocused eyes, excessive sweating, flushed skin, and inability to answer the officer’s questions. The police officer may also conduct field sobriety testing to determine if the driver is under the influence. Common field sobriety tests include walking in a straight line, standing on one foot, and reciting the alphabet. The officer may also conduct a horizontal gaze nystagmus, a test that involves shining a light in the driver’s eyes and watching their pupils as their eyes follow the light.
Contact an AZ Drug DUI Lawyer for assistance with Drug DUI charges in Arizona.
Marijuana DUI Lawyer in Arizona
Now that recreational marijuana has been approved by Arizona voters, many clients have questions about receiving a DUI after using marijuana. If you are pulled over for suspicion of DUI after using marijuana, the police officer will observe for red eyes, slowed speech, and other common indicators of being high. The officer may use field sobriety tests similar to those used for alcohol DUI arrests, but marijuana won’t show up on a breathalyzer. If the officer suspects that you are under the influence of marijuana, you will be arrested and subjected to a blood or urine test. Frequent marijuana users should be aware that they may test high enough for a DUI hours after smoking, and could get a DUI despite not being high due to a high tolerance level.
Prescription Drug DUI’s in Arizona
A prescription that you legally purchased at a pharmacy can still negatively affect your ability to drive. Your prescription may contain specific warnings not to drive after taking it, or could interact with other prescriptions to create an intoxicating effect. Even certain teas, like kombucha, can create an intoxicating effect when mixed with prescription medication. You should always take your medication as prescribed by your doctor, including steps like eating before taking and taking your medication at consistent intervals. Otherwise, you could be shocked by a DUI arrest for a legal medication.
Common Types of Prescription Drugs That Get People in Arizona Arrested for DUI
  • Ambien

  • Codeine

  • Hydrocodone

  • Lortab

  • Methadone

  • Morphine

  • Norco

  • Oxycodone

  • Oxycontin

  • Percocet

  • Valium

  • Vicodin

  • Xanax