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Arizona’s DUI law covers far more than alcohol. Illegal drugs, marijuana, prescription medications, and even some over-the-counter products can lead to a drugged driving arrest in Scottsdale. For most drugs there is no legal limit like the 0.08 alcohol standard, so prosecutors rely on officer observations, drug recognition evaluations, and blood toxicology, evidence that is often less reliable than it looks.
If you or a loved one was charged with a drug DUI, speak with an experienced Scottsdale drugged driving defense lawyer as soon as possible. Rosenstein Law Group provides science-driven defense to drivers in Scottsdale and throughout Arizona. You have only 30 days to request a hearing on your license suspension, so call (480) 248-7666 at any time, any day of the week, or contact us online for a free consultation.
Arizona prosecutors can charge a drug DUI under two different theories, and many complaints include both. Each theory has its own elements, and each calls for a different defense.
Under A.R.S. § 28-1381(A)(1), it is unlawful to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor-releasing toxic substance, or any combination of them, if you are impaired to the slightest degree.
This theory turns on impairment, not a test number. Being legally entitled to use the drug, whether by prescription or with a medical marijuana card, is not a defense to an impairment charge (§ 28-1381(B)). Even excessive drowsiness from a new prescription can be enough to get you arrested.
Section 28-1381(A)(3) makes it unlawful to drive or be in actual physical control of a vehicle while any drug listed in A.R.S. § 13-3401, or its metabolite, is in your body. This per se theory does not require proof of impaired driving, but it is narrower than many people assume:
A positive drug test is not automatically a conviction. Traces of some drugs remain in the body for days or weeks after any effect has worn off, and how the law treats that result depends on the drug, the metabolite, and whether you had a valid prescription.
Section 13-3401 covers narcotic drugs, dangerous drugs, marijuana, and prescription-only drugs. Scottsdale drug DUI cases most often involve:
Scottsdale-area drug DUI arrests may be made by Scottsdale police, Arizona DPS troopers on Loop 101, or Maricopa County Sheriff’s deputies. Whatever the agency, the state builds its case in layers, and each layer is an opportunity for the defense.
Officers document the reason for the stop, your driving, speech, eyes, balance, and statements, and any medications in the vehicle. They usually ask you to perform field sobriety tests.
The standardized field sobriety tests were developed and validated to detect alcohol impairment, not drug impairment. The officer who stopped you does not know you or your physical limitations, and poor performance can have explanations other than drugs, such as fatigue, anxiety, injury, medical conditions, or footwear.
If an officer suspects drugs, a Drug Recognition Expert (DRE) may perform a standardized 12-step evaluation that includes eye examinations, divided-attention tests, vital signs, a darkroom pupil examination, a muscle-tone examination, a check for injection sites, and a toxicology sample. The DRE then gives an opinion about which drug category caused the impairment.
That opinion is only as good as the evaluation behind it, and skipped steps or overlooked medical explanations can undermine it at trial.
Under Arizona’s implied consent law, A.R.S. § 28-1321, a driver arrested for DUI consents to testing of blood, breath, urine, or another bodily substance. In drug cases, blood is the usual sample. You also have the right to a reasonable opportunity to arrange an independent test by a qualified person of your choosing (A.R.S. § 28-1388(C)).
Toxicology can show that a drug or metabolite was present. For most drugs, it cannot show how impaired you were while driving, because drug concentrations do not track impairment the way alcohol does. Lab procedures, calibration, sample storage, and chain of custody must all be handled correctly, and they are not always. Learn more about chemical testing in Scottsdale DUI cases.
The strongest drug DUI defenses usually come from a close look at the science and the procedure. Depending on the facts, your drugged driving lawyer may argue:
A standard drug DUI under § 28-1381 is a Class 1 misdemeanor, and penalties increase with prior DUIs in the past 84 months.
First offense:
Second offense within 84 months:
If the violation involved alcohol, Arizona requires a certified ignition interlock device. In a drug-only case, an interlock is not automatic, but the court may order one (§ 28-1381(P)).
Your MVD case is separate from your criminal case. If a test shows a § 13-3401 drug or its metabolite and you do not have a valid prescription, the MVD will suspend your license for at least 90 days (A.R.S. § 28-1385). Some first-time drivers qualify for 30 days of suspension followed by 60 days of restricted driving. Refusing testing triggers a 12-month suspension, or two years for a second refusal within 84 months.
You have only 30 days from the date of the suspension notice to request a hearing. If you miss that deadline, the suspension becomes final. Our team handles license suspension hearings alongside the criminal case.
A drug DUI becomes aggravated DUI under A.R.S. § 28-1383 when any of the following factors is present:
| Aggravating factor | Felony class | Mandatory prison before release |
|---|---|---|
| License suspended, canceled, revoked, refused, or DUI-restricted | Class 4 | At least 4 months |
| Third DUI within 84 months | Class 4 | At least 4 months (8 months with three or more prior DUIs) |
| Ignition interlock required at the time | Class 4 | No statutory 4-month minimum |
| Driving the wrong way on a highway | Class 4 | At least 4 months |
| Passenger under 15 in the vehicle | Class 6 | At least the jail minimum under § 28-1381 |
If prison is imposed instead of probation, a first-time felony offender faces 1 to 3.75 years for a Class 4 felony or about 4 months to 2 years for a Class 6 felony (A.R.S. § 13-702). An aggravated DUI conviction also brings a one-year license revocation, a fine of at least $750, and $3,250 in additional assessments.
Which court handles your case depends on who arrested you and what you are charged with. Misdemeanor DUIs from Scottsdale police arrests inside city limits are generally prosecuted in Scottsdale City Court. Arrests by DPS or the sheriff’s office may be filed in a Maricopa County justice court, such as McDowell Mountain Justice Court, depending on where the arrest occurred. Aggravated felony DUIs go to Maricopa County Superior Court.
Knowing how each of these courts handles drug DUI cases helps us plan your defense from day one.
Drug DUI cases turn on pharmacology, toxicology, and police procedure. At Rosenstein Law Group, our local Scottsdale DUI lawyers and drugged driving defense attorneys provide aggressive, proactive defense to clients accused of DUI involving prescription medications, marijuana, cocaine, and other drugs. We are highly skilled at dismantling the prosecution’s assertions and using the weaknesses in its case to present a more compelling defense.
We review body-camera footage, police reports, the DRE’s paperwork, and the lab’s complete data packet, including instrument, calibration, and chain-of-custody records. We use a team of experts, including private criminologists, to address blood test results and chain of custody issues, and we review your prescription and medical history for explanations the officer never considered.
We often take these cases to trial, challenging shaky evidence and violations of our clients’ rights. When a negotiated resolution serves you better, we use that same evidence to push for reduced charges.
Contact Rosenstein Law Group immediately at (480) 248-7666 if you have been arrested for a drug-related DUI. We have a successful record of beating the charges or minimizing the consequences. The sooner a drug DUI attorney starts on your case, the more evidence we can preserve, including your 30-day window to request an MVD hearing.
Our Scottsdale office is at 8010 E. McDowell Rd., Suite 111, and we are available 24/7. Our firm serves Phoenix, Scottsdale, Mesa, and all communities of Maricopa, Pima, and Pinal counties.
Yes. Arizona law prohibits impairment by drugs, including both illegal controlled substances and prescription medications, and even excessive drowsiness as a side-effect of a new prescription can be enough to get someone arrested for impaired driving.
Yes. Drug-related DUI charges are often based on unsupportable conclusions from field sobriety tests and the arresting officer’s observations. The officer doesn’t know the driver or their physical limitations, and there can be explanations other than drugs for performance on roadside tests.
Rosenstein Law Group uses a team of experts, including private criminologists, to address blood test results and chain of custody issues. The firm often takes drug DUI cases to trial, challenging shaky evidence and violations of clients’ rights.
Rosenstein Law Group’s Scottsdale attorneys defend clients accused of DUI involving drugs such as prescription medications and cocaine, among others. The firm serves Phoenix, Scottsdale, Mesa, and all communities of Maricopa, Pima, and Pinal counties.
Not under the drug-or-metabolite theory. A.R.S. § 36-2852(B) provides that a person with marijuana metabolites or components in their body is guilty under § 28-1381(A)(3) only if also impaired to the slightest degree. The Arizona Supreme Court has also held that Carboxy-THC, a metabolite that does not cause impairment, cannot support that charge.
Partly. Using a drug as prescribed by a licensed and authorized medical practitioner is a statutory defense to the drug-or-metabolite DUI charge. It is not a defense to a charge that the medication impaired you to the slightest degree.
30 days from the date of the suspension notice. If the MVD does not receive your request within that window, the suspension becomes final. A timely request keeps the suspension from taking effect until the hearing is held.
