Phoenix Drug DUI Lawyer

Drug DUI Attorney in Phoenix, AZ

It is illegal to operate any motor vehicle while under the influence of a foreign substance. Most people imagine charges for driving under the influence (DUI) as relating to alcohol. However, the state’s DUI statute also prohibits operating a motor vehicle while impaired due to drug use.

If you face drug DUI allegations, a Phoenix drug DUI lawyer can help you protect your rights and safeguard your future by building a strong defense on your behalf.

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480-400-5555

Grand Canyon Law Group – Your Trusted DUI Attorneys

When you face a high-stakes situation like a drug DUI charge, you need an experienced defense attorney to help you answer the charges and keep your life on track. At Grand Canyon Law Group, our seasoned Phoenix DUI lawyers can help by evaluating any tests that may indicate impairment, challenging a police officer’s recollection of events, or working toward a fair plea deal that helps you avoid jail time or the creation of a criminal record.

Our firm brings decades of combined experience to the table with every case we take on, and some of our attorneys on staff are former prosecutors. This means that they are uniquely positioned to help defend clients against criminal charges because they know the prosecutor’s playbook. At Grand Canyon Law Group, we can stay one step ahead of the prosecution’s case rather than simply responding to it.

Prohibition on Driving Under the Influence of Drugs

Most people recognize and understand that driving while under the influence of alcohol is illegal. However, a close reading of Arizona’s DUI statute reveals that this prohibition extends to any substance that may affect a person’s ability to control their vehicle. Arizona Revised Statute § 28-1381 says that it is a criminal offense to operate a vehicle on a public street or road while under the influence of any drug.

This prohibition certainly applies to street drugs, such as marijuana, cocaine, or heroin. However, any substance affecting a person’s reactions or mental processes also falls under this category. This can include prescription medications that a person legally takes or even over-the-counter medications available at any pharmacy. Our Phoenix drug DUI lawyers can provide more information on how certain drugs may lead to a DUI arrest.

How Do Drug DUIs Differ From Alcohol DUIs?

Although the general concept of a drug DUI is similar to that of an alcohol-related DUI, there are important differences. First, drug DUIs can involve legal or even mandated ingestion of the substance that causes impairment. Many people take prescription drugs with side effects that cause impairment, but it can be difficult for a person to determine whether or not a drug is affecting them in such a way that they should not drive.

Drug DUIs can be more difficult to prove than alcohol DUIs because, especially in cases involving prescription drugs, the presence of drugs in someone’s system does not automatically indicate impairment. In cases of alcohol impairment, there is a set legal limit for blood alcohol concentration beyond which a person is considered impaired for the purposes of driving. In Arizona, that limit is 0.08%.

The Consequences of Drug DUI Convictions in Phoenix

The law treats all convictions for DUI the same. Whether the conviction involved intoxication due to alcohol or drugs is irrelevant for sentencing purposes. Under the state’s statute cited above, a first conviction for a common drug DUI could result in:

• A jail term of no less than ten days
• A fine of not less than $250
• Fees of $1,000
• Attendance in a traffic survival school course
• Possible attendance in a drug education or treatment program
• Minimum 90-day loss of license.

Defend Yourself Against Drug DUI Charges – Hire a Drug DUI Lawyer

If you find yourself facing charges for driving while under the influence of drugs, you should hire a drug DUI lawyer at your earliest convenience.

The skilled Phoenix criminal lawyers at Grand Canyon Law Group are prepared to present defenses in Phoenix court against drug DUI allegations. These can include challenging the police officer’s justification for making a traffic stop, questioning the admissibility of field sobriety tests, and disputing the supposed scientific evidence resulting from a blood or urine test.

A strong defense can create reasonable doubt concerning the prosecutor’s case and convince a jury to return a verdict of innocence.

FAQs

Is a Drug DUI an Automatic Felony in Arizona?

No, a drug DUI is not an automatic felony in Arizona. Many lower-level or first-time offenses are misdemeanors rather than felonies. Repeated offenses or aggravating factors, such as driving impaired while a minor child is in your vehicle, could result in felony charges rather than misdemeanor charges. Your attorney can help you understand the charges against you and why they are misdemeanor or felony level.

How Much Does It Cost to Hire a Drug DUI Attorney in Phoenix?

The overall cost of a drug DUI attorney can vary significantly, even within the same geographical area. Attorneys usually set their own hourly rates and other fees, so these can be vastly different from person to person. Furthermore, some cases are more complex than others and take more time to resolve. Most defense attorneys require a retainer fee from their clients, which is an up-front payment that serves as a deposit.

Does a Drug DUI Automatically Result in Jail Time in Phoenix?

Yes, a conviction for drug DUI in Phoenix does result in mandatory jail time. According to Arizona law, a first-time conviction for a drug DUI results in a mandatory 10-day jail sentence. This is the same mandatory minimum sentence for a first-time alcohol-related DUI. A simple, first-offense drug DUI is considered a Class 1 misdemeanor, which can carry a jail sentence of up to six months.

Can I Also Be Charged With Drug Possession in Relation to a Drug DUI?

Generally, a drug DUI is its own charge, independent of any other circumstances, even if the drugs in question are found to be illicit substances. However, if law enforcement finds you to be under the influence of an illegal drug while driving, they may see that fact as probable cause to search your property for illegal drugs. This may lead to subsequent drug possession charges, even though these would technically be unrelated to the DUI.

Contact a Phoenix Drug DUI Lawyer Today

Drug DUI cases are serious matters that must be dealt with proactively. Just like similar cases alleging driving while under the influence of alcohol, convictions could create a criminal record, force you to pay heavy fines, cause you to lose your license for 90 days, and even lead to jail time. It is critical that you be prepared to dispute these charges as soon as possible. Contact us at Grand Canyon Law Group now to schedule your appointment.

Grand Canyon Law Group – Phoenix, AZ Office

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