Driving while under the influence of drugs in Arizona is a serious offense and can result in a DUI charge. Arizona state statute ARS § 28-1381(A)(1) states that “it is unlawful for a person to drive or be in actual physical control of a vehicle in this state… 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.”

This law means that if you are found to be under the influence of drugs like heroin, psilocybin mushrooms, LSD, or marijuana while operating a vehicle, you can be charged with a DUI if you are impaired.

You may also be charged and convicted of a drug DUI in Arizona if you are not impaired. Arizona state statute ARS § 28-1381(A)(3) states that “it is unlawful for a person to drive or be in actual physical control of a vehicle in this state…while there is any drug defined in section 13-3401 or its metabolite in the person's body.” Some of the more common drugs that result in a Drug DUI include codeine, marijuana, ecstasy, cocaine, nitrous oxide, methamphetamines, amphetamines, heroin, oxycodone, and hydrocodone.

A metabolite of a drug is a byproduct of the body that breaks down, or 'metabolizes,' a drug into another substance. The process of metabolizing a drug is calculable, and drugs are metabolized the same way by everyone. Illegal metabolites can remain in your bloodstream for weeks, depending on the drug. While the laws in this area can be complicated, even medical marijuana users should not automatically assume that they are safe from being charged with a drug DUI.

What penalties can result from being convicted of a drug DUI in Arizona?

There are severe penalties for driving under the influence of drugs in Arizona. They are mandatory consequences and equal in seriousness to receiving a DUI for drinking and driving. The minimum penalty a person will face for a Drug DUI conviction is ten days in jail. Nine of those days may be suspended if the offender completes specific requirements. While a Drug DUI may be charged as either a misdemeanor or a felony, first-time offenders who were not involved in an accident are typically charged with a misdemeanor.

First Offense Drug DUI.

If a person is charged with a first offense Drug DUI, it is considered a Class 1 Misdemeanor in Arizona. If convicted, penalties may include:

• Up to 6 months in jail
• An assigned number (usually significant) hours of alcohol/drug screening and treatment
• A fine of up to $2,500 plus surcharges
• Up to 5 years of probation

Second Offense Drug DUI.

The case becomes more severe if the person charged has a prior DUI conviction within seven years. If convicted, the offender faces:

• A minimum of 30 days of jail
• Drug screening/alcohol screening
• Treatment
• Up to five years of probation

Third Offense Drug DUI.

The third offense within seven years (or with a suspended license) is a Class Four Aggravated Felony in Arizona. Full details are listed in Arizona state statute Id. §§ 28-1383 (J)-(K), but penalties include:

• Up to $150,000 in fines plus an 80 percent surcharge
• A minimum of four months in prison
• Possible seizure of your vehicle by the state
• Revocation of your driver’s license for three years
• Up to five years of probation

It is also important to know that anyone charged with a drug DUI can have their driver’s license suspended for one year. During the suspension period, the individual will not be able to obtain a restricted driver’s license, which would allow you to drive to or from work or school. You will also want to be aware that the circumstances surrounding any given case can significantly change the severity of the penalties.

Additional consequences can be assessed for things such as drug transportation, drug possession, and drug paraphernalia. Arizona is a “complied consent” state, and you will also likely face added penalties for refusing to be tested for controlled substances. Refusing such a test can result in having your driver’s license suspended for twelve months. Drug driving with a child under the age of 15 in the vehicle is a Class 6 felony and warrants further consequences.

What are some possible defenses for someone facing a Drug DUI charge in Arizona?

If you are charged with a Drug DUI in Arizona, it’s easy to assume the worst. However, charges for Drug DUI are reduced and even dismissed in Arizona every day. Your lawyer will be able to specifically address circumstances surrounding your case that can mount a formidable defense. The prosecution is charged with proving their case beyond a reasonable doubt, and a good attorney will search for answers to questions such as:

These and other questions can lead to perfectly viable defenses and reduce charges or result in case dismissal. Listed here are some of the more common defenses attorneys consider for Drug DUI charges.

Chemical Testing Error

Not unlike a test to determine your blood alcohol concentration (BAC) level for drinking and driving, there are chemical tests used to detect various drugs in your system if you are suspected of driving while drugged. Any trace of an illegal controlled substance in your system will result in a charge. Challenges can be made to the test results as they pertain to the size of the sample given, the dependability of any particular test, or the procedures used to administer the test.

Drug DUI. Without Impairment

Although you can be charged in Arizona with a Drug DUI whether you are impaired while driving or not, the legal dynamics of any given case can change when you are accused of impairment when you are not legally impaired. If you can prove that the substance in question did not legally impair you, the charges you face could be changed, reduced, or dismissed, depending on the circumstances.

Necessity

It is not uncommon for people to take prescription drugs for a health issue. It is also sometimes necessary for those individuals to drive to keep their job and earn an income. Arguing that fact before a judge may lead to flexibility in potential repercussions, and, when possible, charges may be reduced.

Stopping Unlawfully

All of us have the right to drive our vehicles without the expectation of interference. An Arizona Law Enforcement Officer must have reasonable suspicion of a crime to pull a person over while driving. Your rights are violated if an officer pulls you over without a valid reason. If this can be proven in court, it is possible that anything that results from the traffic stop can be rendered inadmissible.

Incorrect Investigation Obtaining Evidence

Permits, warrants, and other evidence collecting tools are used regularly when investigating a Drug DUI charge. Most of the time, the procedures used to collect evidence are followed correctly. However, it is not unheard of for a law enforcement agency to incorrectly obtain evidence that is used against you. If that is the case, law enforcement agencies can be held accountable, and any evidence collected is not allowable.