Over the last decade, a large increase of Drug DUI cases has been seen in the state of Arizona. Even if a driver is not driving under the influence of alcohol, they can still be stopped and charged with a DUI if they are under the influence of drugs or other controlled substances. A Drug DUI charge is a serious offense and one that carries harsh penalties and severe consequences. Therefore, anyone facing a Drug DUI in the state of Arizona must seek legal professional counsel immediately to defend the charge and fight their case.
What is a DUI with Drugs charge?
A.R.S. §28-1381 defines DUI as being in actual physical control of a vehicle while under the influence. It could be an intoxicating liquor, any kind of drug, a vapor releasing substance that contains a toxic substance, or any combination of these. The law states that anyone found driving a vehicle while under the influence of any controlled substance in their body may be convicted with a drug DUI offense.
Common Types of Drugs
Some of the most common drugs that may result in a drug DUI charge include marijuana, cocaine, ecstasy, nitrous oxide, methamphetamines, amphetamines, psilocybin mushrooms, as well as opiates such as heroin, hydrocodone, oxycodone, or codeine. All these are intoxicating drugs and presence of any of them in the human body will result in a drug DUI charge. The common terms used for a Drug DUI charge include Pot DUI, THC DUI, Metabolite DUI, or Weed DUI.
Road Side Tests
When someone is pulled over on suspicion of driving under the influence of drugs, the law enforcement officer will almost always conduct a road site test, also called a field sobriety test. Some of the common road side sobriety tests include the heel-to-toe test, one leg stand, finger-to-nose test, horizontal gaze nystagmus, and the alphabet recitation. If the investigating officer detects drugs to be involved, then they will issue a urine or blood test. Depending on the circumstances, it is not always advised to take these tests. Getting help from an attorney is advised in these situations.
Consequences of a Drug DUI charge
First time offenders facing a Drug DUI charge in Arizona with no accident involved will most likely be facing a misdemeanor charge. Repeat offenders face a felony charge. According to ARS section 13.707, the presumptive sentence for a first time offender is 6 months in jail along with a minimum fine of $250. Sentencing and penalties may include court fees along with drug education classes. If you have a qualified attorney representing you in court, or if you accept a plea bargain, you may face reduced sentencing. Your attorney may also be able to have all jail time suspended.
The presence of a controlled substance in your system is enough to charge you with a drug DUI offense in Arizona. To protect your rights and to avoid a criminal charge, it is advised to seek legal help immediately. Contact the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation to have your charges reduced or dismissed.
