What Drugs Could Lead to a DUI Arrest in Phoenix?
According to Arizona Revised Statutes §28-1381, there are three conditions under which a police officer may arrest someone in “actual physical control” of a motor vehicle for DUI, only two of which have to do with alcohol consumption. A.R.S. §28-1381(A)(3) defines the third condition as someone having any amount of any substance named in A.R.S. §13-3401 in their body at the time they were pulled over.
Any medication or illicit drug that could impair someone’s cognition, memory, motor skills, or judgment could result in a DUI charge. The most common rationale for a drug DUI arrest that Gilbert local attorneys see is impairment from marijuana, but any trace of cocaine, amphetamines, psychedelic drugs, or opioids could also lead to a criminal charge.
It should be noted that there is no standard in Arizona defining “intoxication” for drugs like there is for alcohol, so a person could be arrested based on the presence of a controlled substance in their blood even if they were not actually intoxicated. However, if the substance found in their bloodstream is lawfully prescribed by a licensed physician and taken as prescribed it could be a defense against a DUI charge.
Potential Punishments Upon DWI Conviction
Just like drunk driving offenses, driving under the influence of drugs is classified as a class 1 misdemeanor. A first offense is punishable by a minimum of 24 hours up to a maximum of 10 days in jail, along with a maximum fine of $1,250 and at least a 90-day license suspension. A convicted individual may also be required to install an ignition interlock device in their vehicle at their own expense.
These penalties increase significantly for anyone convicted of more than one drug DUI offense within a seven-year period. A second offense may be punishable by up to a $2,500 fine, a jail sentence between 90 days and six months in length, and a year-long license suspension, as well as mandated attendance at driving school.
Third and subsequent convictions could result in a minimum jail sentence of four months, a minimum $4,000 fine, license suspension, and mandated attendance at an alcohol treatment program. Based on how severe these penalties can get for repeat offenders, it may be especially important for anyone with a prior record of driving under the influence of drugs to seek help from a seasoned lawyer in Gilbert, AZ.
Discuss Legal Options with a Gilbert DUI Drugs Attorney
Driving under the influence of alcohol is not the only way you can get arrested for DUI in Gilbert. If a police officer pulls you over and suspects you have any kind of illicit drug in your system, and in their opinion that substance is impairing your ability to operate the vehicle even to the slightest degree you could be charged with driving under the influence regardless of whether you actually were impaired.
Handling these charges effectively often takes significant skill and legal knowledge, both of which a Gilbert drug DUI lawyer could provide. Call today to find out what may be possible in your situation and get your questions answered. We look forward to hearing from you.
Regular Phoenix DUI or DWI
A regular DUI is considered driving with a BAC of 0.08-0.14% or driving with a controlled substance in your bloodstream.
- Undergoing a substance abuse screening assessment;
- Completing substance abuse treatment program;
- Serving 10 consecutive days in jail and payin g jail costs;
- An additional 9 days in jail will be suspended if the substance abuse program is completed;
- $250 fine plus any surcharge;
- $500 State Prison Construction and $500 State General Fund payments.