Drugged Driving in Arizona

Arizona law defines many distinct drug crimes, all of which can carry severe penalties. Some drug crimes may be commonly known, such as possession of marijuana. Other drug charges may arise from less expected circumstances. One particular drug-related crime is driving under the influence of drugs, or DUI. Like all drug crimes, Phoenix prosecutors take DUIs very seriously. To learn more about drugged driving charges, read the information below. 

What Does DUI Mean?

In Arizona, DUI can mean operating a motor vehicle while drunk, while under the influence of illegal drugs (or their metabolites), or driving under the influence of both drugs and alcohol. For drugged driving, as opposed to drunk driving, a motorist can be arrested and charged even if only slightly impaired. In other words, there is not a high threshold for drugged driving charges under Arizona law. It is important to note that you could face drugged driving charges when impaired by legal prescription drugs, even if you were prescribed those medications.  

What Penalties Do I Face for DUI?

Penalties for DUI can be harsh, even for a first offense. These penalties can sharply increase for each conviction. Below are potential penalties for first, second, and third DUI convictions:

●      First offense: mandatory drug treatment program; fines; driver’s license suspension for 90 days; up to five years probation; requirement to install and maintain an ignition interlock device for 12 months; and/or a jail sentence of 10 to 180 days.

●      Second offense: driver’s license revoked for one year; steep fines; substance abuse evaluation; up to 5 years probation; community service; and/or jail for 90 to 180 days.

●      Third offense: if committed within 7 years of a previous DUI conviction, or on a suspended driver’s license, this offense is an aggravated felony; thousands of dollars in fines; driver’s license revocation for up to 3 years; up to 5 years probation; and/or mandatory minimum of 4 months prison sentence.

Proving that a driver was impaired can be difficult since the law does not clearly define what this means. In some cases, a driver may have used a drug but was not impaired. In other cases, police and prosecutors may not be able to prove that the driver even used or consumed an illegal drug.  More info here.

Like other Arizona drug crimes, penalties for drugged driving charges depend on the circumstances of the case. If a driver is found in possession of drugs at the time of arrest, he or she could face additional drug charges, such as drug possession. No matter what the circumstances of your arrest, it is important to contact an experienced Phoenix drug crime attorney as soon as possible.  Written by the attorneys at Ariano & Reppucci, PLLC.