Prescription Drug DUI in Arizona
Prescription drugs have a wide range of therapeutic and toxic effects depending on the person’s use, chemistry, and interaction with other substances. There Are Two Misdemeanor Prescription Drug DUI Charges in Arizona: Impairment to the Slightest Degree under ARS 1381(A)(1), which makes it illegal to drive while impaired by any drug or alcohol, or combination thereof. Driving with an Illegal Drug in one’s Body under A.R.S. 1381(A)(3), which makes it illegal to drive with any street drug, or non-prescribed prescription drug. Illegal drugs include street drugs like cocaine, marijuana, and methamphetamine, as well as prescription medication that wasn’t legally prescribed to the driver. A valid prescription IS A DEFENSE to the drugged driving charge under 1381(A)(3).
That’s because a lawfully prescribed drug is not illegal under Arizona law. Unlike an alcohol test, which measures BAC levels and correlated levels of impairment, a drug test cannot conclusively tell us whether a driver was impaired. A drug test only estimates how much drug was in our system based on a sample of blood or urine. To combat this shortcoming in prosecuting drug impairment cases, law enforcement created its own way to test impairment: police departments have drug recognition programs, whereby they appoint officers as drug recognition experts. These DREs are called out to DUI investigations to examine drugged driving suspects.
Although a person can theoretically be charged and convicted of both types of Prescription Drugged Driving, only one sentence can be imposed by the Judge. Mandatory Minimum Penalties for Prescription Drugs DUI under ARS 28-1381(A)(1) and 28-1381(A)(3): Jail: 10 days, but as little 1 day jail, if your criminal defense lawyer successfully negotiations for a suspended jail sentence with proof to the Court that you successfully completed an alcohol/drug assessment and classes.
DUI for Drugged Driving Under Pennsylvania Law
You’re probably familiar with Pennsylvania’s harsh laws for drunk driving, which can lead to jail time and hefty fines for a first-time conviction and even more severe penalties for subsequent offenses. Not as many people know about drugged driving and the fact that the consequences of a conviction can be just as serious – or even more so because you could face charges for possession of a controlled substance. If you’ve been arrested for drugged driving in Pennsylvania, talk to an attorney about how the state’s laws may apply to your case. There is any amount of a controlled substance in your blood as determined under Pennsylvania’s system of categorizing drugs. OR.
You may also be arrested for DUID if you are under the influence of a drug such that your driving capabilities are impaired. Plus, an officer needs only a reasonable suspicion that you’re under the influence of drugs; actual evidence is not necessary. An odor of marijuana smoke, bloodshot eyes, or slurred speech may be enough to arrest you for DUID. Penalties for a Drugged Driving Conviction. A person who is convicted of DUID is subject to the same penalties as a motorist who violates drunk driving laws under the Highest Rate of Alcohol classification.
A driver will be sentenced to a mandatory minimum of 72 hours in jail, up to a six-month maximum; the court may also order a fine up to $5,000. Administrative penalties include a suspension of your driver’s license for one year. It’s not just alcohol that can lead to impaired driving; operating a vehicle while under the influence of drugs can also result in a conviction for DUI. Plus, you’re committing another crime by being in possession of a controlled substance. A skilled lawyer can assist you with the administrative proceedings that impact your driving privileges and will be by your side to protect your rights in the criminal court case against you.
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