Drug-Related DUI
In Arizona you can be convicted of DUI if you operate a motor vehicle while under the influence of any illegal substance, or any legal substance if you were impaired at the time of driving. There are two statutes that criminalize driving under the influence of drugs. A.R.S. §28-1381(A)(1) states that you cannot operate a motor vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing, a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. Under this statute you can be charged with DUI for legally prescribed medications if you have used the drug outside of the doctor’s recommendations, or if the officer believes the drug has impaired your ability to drive.
The other statute that criminalizes driving under the influence of drugs is A.R.S. §28-1381(A)(3), which states that illegal to drive “while there is any drug defined in section 13-3401 or its metabolite in the person’s body. Drugs defined under A.R.S. §13-3401 include marijuana, narcotic drugs, dangerous drugs, and prescription medications (without a valid prescription). Under this statute it’s irrelevant whether you were impaired at the time of driving, only that drug metabolites are found in your system. Drug metabolites are what left behind when the liver breaks down the drug, and with certain drugs such as marijuana, can remain in your system weeks, well after the effects of the drug have worn off. Although this statute may appear unfair, it has recently been upheld by the Arizona court of appeals.
Hiring an Experienced DUI Attorney
Hiring a experienced and locally based DUI attorney is an important step in the DUI criminal process. A Phoenix DUI lawyer should be hired within the week following a DUI arrest. A skilled DUI attorney should have specialized knowledge and access to the resources necessary to competently defend you and successfully fight your DUI charges.
The criminal DUI defense attorneys at Gilbert DUI Lawyer are dedicated to providing the highest-quality defense available to our clients. It all starts with your free case review, where you can get a better idea of the legal road ahead. Contact us today to schedule your complimentary and private consultation with our superior DUI lawyers.