DUI Drugs – El Mirage

Although most people think of alcohol-based offenses when they think of driving under the influence, arrests for drug-related DUIs are becoming more and more common. While most people understand that you should not be driving with illegal drugs in your system, many are unaware of the magnitude of people arrested for driving while under the influence of prescription medications. This is especially true with the rise of medical marijuana patients in Arizona.

Types Of DUI Drug Charges In El Mirage

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

  • 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 there is any controlled drug or its metabolite in the person’s system; this includes prescription drugs taken without a prescription or not as prescribed.

Arizona is a zero-tolerance state when it comes to driving with illegal drugs in your system. A person can be arrested and convicted of DUI for having any controlled drug or its metabolite in their system, regardless of whether that person was impaired. 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 Drugs

So what is the punishment for a 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

Should I Hire A Lawyer For a Drug DUI if I Know There Were Drugs in My System?

Arizona may be tough on drug DUIs, but that doesn’t mean they are indefensible. Like any other DUI, there are multiple steps in a drug DUI investigation that must be performed properly. In some cases there may be issues with the toxicology testing, meaning the phlebotomist or lab technician did not do their job correctly. Alternatively, the lab equipment used to test your blood may have malfunctioned due to machine or operator error. The lab results, however, are only one part to the DUI investigation. An experienced DUI attorney will begin by looking at the reason that the police stopped you in the first place. If the police did not have reasonable suspicion to stop you, that can lead to suppression of the state’s evidence, including the blood evidence. We also analyze the roadside DUI investigation for errors. In some cases, the police lack probable cause to make an arrest and charges can be reduced or dismissed as a result. A DUI attorney will also look for other violations of your constitutional rights, such as your right to remain silent or your right to counsel. Violation of these rights may lead to suppression of evidence or dismissal of the charges against you.

Contact a Top Rated Drug DUI Defense Law Firm For Your Free Consultation

Every drug DUI case is different. But the attorneys at the Rosenstein Law Group scrutinize the government’s evidence and conduct our own independent investigation in every case. It is the only way to ensure that our client receives the best possible representation and outcome. A strong defense may lead to a dismissal, acquittal, or reduction in charges or penalties.

We offer free consultations and initial case evaluations for all DUI drug cases in El Mirage. If you are arrested or charged with a drug DUI, 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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