DUI with Drugs — Arizona

The most common types of DUI charges in Arizona are alcohol related. However, DUI arrests are on the rise for DUIs involving people under the influence of drugs. Most people know that you can be arrested for DUI if you have illegal drugs in your system. Still, many people do not know that you can get a DUI for having legal prescription medications in your system. This is especially true with the rise of medical marijuana patients in Arizona.

How a DUI Involving Drugs in Arizona is Charged

There are two ways that a person can be charged with a DUI involving drugs in Arizona, Arizona:

  • R.S. § 28-1381(A)(1): Driving or being in actual physical control of a vehicle while impaired to the slightest degree by a drug or its metabolite; this includes prescription drugs.
  • R.S. § 28-1381(A)(3): Driving or being in actual physical control of a vehicle while any controlled drug or its metabolite is in the person’s system; this includes prescription drugs taken without a prescription or not as prescribed.

Notice that a person can be arrested and convicted of DUI for having any controlled drug or its metabolite in their system. This means that regardless of whether that person was impaired, they can still be convicted of DUI. Some of the common types of drugs that may lead to a DUI conviction include:

  • Marijuana and Cannabis/THC wax
  • Cocaine
  • Ecstasy
  • Methamphetamine
  • Fentanyl
  • Heroin
  • Prescription narcotics such as: OxyContin (oxycodone), hydrocodone, Vicodin (hydrocodone/acetaminophen), Xanax (Alprazolam), and Percocet (oxycodone/acetaminophen)
  • Other prescription drugs that may affect your ability to drive, including sedatives

Punishment for DUI with Drugs Conviction in Arizona

So, what is the punishment for an Arizona DUI drugs conviction? Even for a first-time offense, you will be facing:

  • 10 to 180 days in jail
  • Substantial fines and fees Paul
  • A 90-day driver’s license suspension
  • Up to 5 years of probation
  • Drug treatment classes
  • 8 points of your driver’s license
  • Traffic Survival School

If I Know There Were Drugs in my System, Why Should I Hire an Attorney for a Drug DUI?

When people see that you can be convicted of DUI simply for having a drug or its metabolite in their system, they often wonder if it is worth hiring an attorney to represent them. A good DUI defense attorney will know that any results from a blood test are only part of the story. A DUI attorney must look at all of the evidence available to them. This means going beyond simply what’s written in the police report. The only way to successfully defend against a drug DUI is by investigating every aspect of the case. We look at your background and how that may affect your case. Additionally, an experienced attorney may be able to unearth evidence that points to an invalid stop, illegal search, or other violation of your constitutional rights, such as your right to counsel.

Effective DUI Drugs Defense Attorney in Arizona Available Today

A successful defense may lead to suppression of evidence, including the results of your blood test. The attorneys at the Rosenstein Law Group have successfully defended their clients against many DUI charges. We offer free consultations so that you can get an upfront evaluation of your case. If you are arrested or charged with a drug DUI in Arizona, contact the Rosenstein Law Group at 480-248-7666 or online to speak with one of our attorneys and schedule a free consultation.


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