DUI is most commonly associated with alcohol. Most people are surprised to find out that DUI laws encompass impairment by drugs as well. “Even prescription drugs?” you ask, hypothetical reader I just made up. Yes, even prescription drugs. DUI-Drugs (“DUID”) have increased slightly over the past few years, as States have legalized marijuana for both medical and recreational purposes. Now, drug DUIs are in the spotlight thanks to Tiger Woods and his infamous arrest on May 29, 2017. So, what is a DUI Drug charge in Arizona?
A.R.S. 28-1381A(3) states that it is unlawful for a person to drive or be in actual physical control of a vehicle while there is any drug or its metabolite in the person’s body. Fortunately, our legislature knew that many Arizonans take prescription medication, so there is an exception. A person using a drug as prescribed by a medical practitioner who is licensed and authorized to prescribe the drug is not guilty of violating the law. That’s that right? Not so fast!
Prosecutors also charge DUID under A.R.S. 28-1381A(1) which punishes a person for being impaired to the slightest degree. If the drug you were taking impairs you, even to the slightest degree, you can be found guilty of DUID. To overcome such a charge, a person generally will need a doctor to testify that the prescription medication was taken as prescribed.
DUID can be charged as a felony or misdemeanor, but first offenders generally receive a misdemeanor charge. If convicted, you face up to 6 months in jail and mandatory fines and fees of roughly $1,500.00. You also face a one year suspension of your driver’s license if convicted.
Unfortunately, just a small amount of a drug in your system is enough to charge you with DUID. That is why it is imperative you contact an attorney who fights these cases on a daily basis. An experienced DUID attorney will be able to challenge your blood test results and prepare a defense.
If you’ve been charged with DUID in Arizona, contact The Nava Law Firm for a free consultation at 602-734-3657.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.
A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
