If faced with a DUI for driving under the influence of drugs, you could be facing fines, jail time, and license suspension.
Impaired by the Drug
Arizona Revised Statutes 28-1381(A)(1)
It is unlawful for a person to drive or be in actual physical control of a vehicle if the person is impaired to the slightest degree by alcohol and/or drugs.
Presence of a Drug in the Body
Arizona Revised Statutes 28-1381(A)(3)
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.
First Offense DUI Drugs Penalties in Arizona:
The maximum sentence for a first offense DUI or DWI in Arizona is six months in jail and up to $2,500 in fines.
The minimum sentence for a first offense DUI Drug charge in Arizona includes:
- 10 days in jail – 9 days suspended if drug counseling is completed
- Fines, fees and costs of approximately $1,512.50
- Driver’s license suspension
- Ignition Interlock after license reinstatement (only if also have alcohol in system)
- 8 points assessed against driver’s license
- Attend traffic safety school
Other potential penalties:
- Possible Probation for up to 5 years
- Possible community service
- Possible MADD Impact panel
- Possible Jail costs
- Possible increased Insurance premiums
- Possible SR22 ( High Risk Insurance)
It is important to hire an experienced DUI lawyer who actually knows how the different courts and judges operate. For a free consultation, contact us today.
There is a ramped falsehood that claims a person in Arizona can get convicted of a DUI – Presence of a Drug in the Body, for up to 30 days after smoking marijuana. While it is true that inactive marijuana metabolites can be in your blood 30 days after you smoke, you cannot get a DUI – Presence of a Drug in the Body unless you have an active metabolite in your system. Active metabolites can cause impairment. Inactive metabolites cannot cause impairment.
The Medical Marijuana Card
A second rumor that is not true is that a medical marijuana card is an automatic get out of jail free pass. A medical marijuana card will not get a marijuana DUI charge dismissed. Having a card only offers an affirmative defense to the DUI – Presence of a Drug charge. The cardholder has the burden of establishing that they did not have an impairing level of THC in their body.
At the Law Offices of Robert A. Butler, we represent people charged with marijuana DUI. The scientific studies regarding the effects of marijuana do not always support the state’s claim of impaired driving. We have expert witnesses that can explain the real facts and the real science to a jury. For a free consultation, contact us today!
Prescription Medication DUI
Over the last five years, we have seen a large increase in the number of DUI cases involving prescription medication. The cases are not limited to the recreational use of a pill to get high. Even people following a doctor’s orders and taking the medication as prescribed are being charged with DUI. A valid prescription is a defense to the DUI – Presence of a Drug charge, but it is not a defense to the DUI – Impaired driving charge.
For more information on a Prescription Medication DUI, call us at 602-266-8282 or fill out the request for a free consultation.