In Chandler, Arizona, driving under the influence (DUI) applies not only to alcohol impairment but also to driving while under the influence of drugs. Drug DUI charges can have severe legal consequences, including fines, license suspension, and potential imprisonment. If charged with a Drug DUI, it is important to contact an attorney as soon as possible.
If you have been charged with a drug-related DUI, it is important that you consult with a DUI attorney. When working with our law firm, you will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved. We offer free consultations to help you determine what your next steps need to be.
Under Arizona law, it is illegal to operate a vehicle or be in actual physical control of a vehicle while under the influence of drugs that impair your ability to drive safely. This includes not only illegal substances but also prescription medications and over-the-counter drugs that can cause impairment.
Scope of Drugs: The term "drugs" in the context of Drug DUI encompasses a wide range of substances that can affect a person's ability to operate a vehicle safely. This includes illicit drugs such as marijuana, cocaine, methamphetamine, heroin, and others. It also includes legal substances, such as prescription medications like painkillers, sedatives, anti-anxiety medications, and over-the-counter drugs that can cause impairment.
Impairment Factors: Drug impairment can affect various factors critical to safe driving. These factors include, but are not limited to:
Prescribed Medications and Over-the-Counter Drugs: It's important to note that Arizona law considers the influence of any drug that impairs driving ability, regardless of whether it is a prescription medication or an over-the-counter drug. Even if a drug is legally obtained and used as prescribed, if it impairs a person's ability to drive safely, it can lead to a Drug DUI charge.
Zero Tolerance for Certain Drugs: Arizona has a zero-tolerance policy for some drugs, such as marijuana, when it comes to driving under the influence. This means that any trace of certain drugs in a driver's system can lead to a DUI charge, regardless of impairment levels. This zero-tolerance policy is due to the fact that drugs like marijuana can remain detectable in the body for an extended period, even after the impairing effects have subsided.
It's important to understand that law enforcement officers in Chandler can use various methods to detect drug impairment during a traffic stop. These methods may include observations of physical symptoms, performance on field sobriety tests, and chemical tests such as blood or urine tests. If a driver is found to be impaired by drugs, they may face Drug DUI charges and potential legal consequences.
If you are facing Drug DUI charges in Chandler, it's crucial to consult with an experienced DUI defense attorney who can assess the specifics of your case, challenge the evidence, and develop a defense strategy tailored to your situation. They will work to protect your rights and help you navigate the legal process effectively.
The penalties for drug DUI offenses in Chandler can vary based on factors such as the specific drug involved, prior DUI convictions, and other aggravating circumstances. However, the consequences generally become more severe with subsequent offenses. Some potential penalties for drug DUI in Chandler include:
First Offense Penalties:
Jail Time: A first offense Drug DUI conviction in Chandler can result in up to 10 days of incarceration. The actual length of the jail sentence will depend on factors such as the specific circumstances of the case and any mitigating or aggravating factors present.
Fines and Fees: First-time offenders may face substantial fines and fees as part of their penalties. The exact amount will vary depending on the jurisdiction and other factors involved in the case.
Driver's License Suspension: A first offense Drug DUI conviction can lead to a driver's license suspension for up to 90 days. During this period, the individual will be prohibited from operating a motor vehicle.
Mandatory Drug Education or Treatment Programs: First-time offenders may be required to complete a mandatory drug education or treatment program. These programs aim to educate individuals about the risks and consequences of drug use and provide the necessary support to address substance abuse issues.
Ignition Interlock Device Installation: Upon license reinstatement, individuals convicted of Drug DUI in Chandler may be required to install an ignition interlock device (IID) in their vehicle. An IID measures the driver's breath alcohol concentration before allowing the vehicle to start. This requirement is aimed at preventing individuals from driving while under the influence of drugs or alcohol.
Subsequent Offense Penalties:
For individuals with subsequent Drug DUI offenses, the penalties become more severe. Some potential consequences for subsequent offenses include:
Increased Jail Time: Subsequent Drug DUI offenses can lead to increased jail time, ranging from 30 days to several months. The specific duration will depend on the number of prior convictions and other factors.
Higher Fines and Fees: The fines and fees for repeat Drug DUI offenses are typically higher than those for first-time offenses. The exact amount will depend on the circumstances of the case and any aggravating factors present.
Longer Driver's License Suspension Periods: Subsequent offenses may result in longer driver's license suspension periods, depriving individuals of their driving privileges for an extended duration.
Mandatory Substance Abuse Counseling or Treatment: Individuals with repeat Drug DUI convictions may be required to undergo mandatory substance abuse counseling or treatment programs. These programs aim to address the underlying issues related to substance abuse and reduce the risk of future offenses.
Lengthy Probation Terms: Repeat offenders may face longer probation terms, during which they must comply with specific conditions and restrictions set by the court.
Potential Vehicle Impoundment or Forfeiture: In certain cases, the court may order the impoundment or forfeiture of the vehicle involved in the Drug DUI offense. This can result in the permanent loss of the vehicle.
It's important to note that the specific penalties for Drug DUI offenses in Chandler can vary based on factors such as the nature of the offense, the defendant's prior DUI convictions, and other aggravating circumstances. To fully understand the potential penalties you may face, it is advisable to consult with an experienced DUI defense attorney who can assess the details of your case and provide personalized legal guidance.
At the Nava Law Firm, our team is dedicated to helping and representing you. You will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved.
Our firm primarily serves the areas of Phoenix, Scottsdale, Chandler, Tempe and other areas around Arizona. If you are in need of an experienced DUI attorney in Maricopa County, please contact us today to schedule your free case evaluation.
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. Result: Charge Reduced w/ No Jail.
A 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. Result: Case Dismissed.
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. Result: Charge Reduced to a Misdemeanor.
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. Result: Not Guilty After Jury Trial
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. Result: Case Dismissed.
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. Result: Case Dismissed After Diversion.
The information you obtain at this site is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult an attorney for advice regarding your individual situation. Armando Nava is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.