Drug DUI Attorney in Gilbert, AZ
Driving under the influence of drugs is a dangerous activity, but it is rarely done with malicious intent. Most impaired drivers simply underestimate the effects of the substances they have taken. These mistakes pose a significant risk to life and property, though, so there are strict laws and harsh penalties associated with impaired driving. Working with a skilled Gilbert drug DUI lawyer can help you avoid the worst possible outcomes of this serious charge.
A trusted DUI attorney from Grand Canyon Law Group can help you fight these charges to avoid conviction. Having an experienced Gilbert drug DUI attorney in your corner can provide invaluable support to improve the outcome of your case. Please call us NOW to learn more.
For a free legal consultation with a dui drugs lawyer serving Gilbert, call 480-400-5555
DRIVING UNDER THE INFLUENCE OF DRUGS
Per Arizona Revised Statutes § 28-1381(A), a person may be convicted of driving under the influence if they were operating or in actual physical control of a motor vehicle while at all impaired by the effects of any drug or other intoxicating substance. But what exactly does that mean?
INTOXICATING SUBSTANCES
Under A.R.S. § 28-1381(A)(3), a DUI charge could apply if a driver has any criminally controlled substance in their system at the time they were operating or controlling their vehicle. These substances include contraband amphetamines, hallucinogens, barbiturates, and cannabis.
However, some legal substances can cause impairment as well. A person may still be convicted of a DUI if they legally consumed the intoxicating chemical. Driving in Gilbert while under the influence of a doctor-prescribed sleep medication, for example, could be grounds for a DUI if the driver is shown to be even slightly impaired by the drug’s effects. If this situation applies to your case, call our team today to discuss legal options.
ACTUAL PHYSICAL CONTROL OF A VEHICLE
A driver may be convicted of a drug DUI even if they were not in motion at the time they were confronted by law enforcement. Generally, a person is considered in “actual physical control” of a vehicle if, based on the circumstances of their case, they had the potential to operate it. If they were impaired by a drug at the time, they could be convicted of a DUI.
The Arizona Supreme Court provided several factors to consider to make an “actual physical control” determination in the 2009 case State v. Zaragoza. These factors include:
- Whether or not the vehicle was running
- Whether or not the keys were in the ignition
- Whether the defendant was awake or asleep in the vehicle
- Where the vehicle was parked
The elements for DUI can be subjective standards for the state to prove. A drug DUI attorney in Gilbert can challenge the prosecution’s case by demonstrating that their client was not impaired or did not have actual physical control of the vehicle.
Gilbert DUI Drugs Lawyer Near Me 480-400-5555
PENALTIES FOR A DRUG DUI CONVICTION
The elements for DUI can be subjective standards for the state to prove. A drug DUI attorney in Gilbert can challenge the prosecution’s case by demonstrating that their client was not impaired or did not have actual physical control of the vehicle.
FIRST OFFENSE DUI
A first conviction for a DUI without any aggravating factors can lead to a minimum of 10 days in jail, a fine of $1,250 or more, per A.R.S. § 28-1381(I).
SECOND OFFENSE DUI
A person convicted of a DUI within 84 months of a prior DUI conviction, provided that both convictions did not include aggravating factors, may face a minimum of 90 days in jail and a fine of $3,000 or more.
AGGRAVATED DUI
Aggravating factors for a DUI include committing the offense while on a suspended or revoked driver’s license, driving under the influence for the third time in an 84-month period, driving the wrong way on a highway, or having a passenger under 15 years old at the time of the DUI. A person convicted of aggravated DUI faces up to two years in jail and fines of more than $4,000.
Many DUI convictions mandate participation in drug education programs, license suspension, community service, and the installation of ignition interlock devices on the defendant’s vehicles. Grand Canyon Law Group can explain how you could get a lower sentence for your drug DUI charge.
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WHY HIRE A DRUG DUI LAWYER?
However, one 2021 National Survey on Drug Use and Health indicated that 11.7 million Americans admitted to driving after using illegal drugs in the past year. That’s nearly as many as the 13.5 million people who admitted to driving drunk. In 2024, Gilbert police made 975 drunk driving arrests.
If you’ve been arrested for driving under the influence of controlled substances, you can hire a drug DUI lawyer to help you fight the charges. You shouldn’t go to trial at the Gilbert Municipal Court without a skilled lawyer on your side.
Complete a Free Case Evaluation form now
COMMON DRUG DUI FACT PATTERNS IN GILBERT
You can get pulled over for a DUI anywhere in Gilbert, but these stops happen more often in some areas and situations than in others. Arrests for drug DUI offenses are more likely to occur:
- When drivers are leaving a restaurant or bar in downtown Gilbert
- As late-night welfare checks on a parked vehicle
- When a minor collision occurs, where law enforcement suspects impairment
- During a traffic stop that leads to a drug impairment investigation
FAQs
How Much Does a DUI Lawyer Cost in AZ?
How much a DUI lawyer costs in AZ depends on the complexity of your case. If your case is simple and straightforward, requiring no trial either due to being quickly dismissed or your taking a plea deal early on in the process, you can expect to pay less than you would if your case went to trial and took a long time to resolve.
Can a Lawyer Get You Out of a DUI in Arizona?
A lawyer may be able to get you out of a DUI in Arizona. Whether your lawyer can get your charges dismissed depends on the specifics of your case. If there were procedural errors made by law enforcement, for example, your lawyer could use them to argue that key evidence must not be allowed, destroying the prosecution’s case.
What Is the Ideal Plea Deal for a DUI?
The ideal plea deal for a DUI for most people involves pleading guilty to a lesser charge, such as reckless driving, in order to avoid a full DUI conviction. Pleading to a lesser charge may allow you to keep your license, avoid jail time, and get a faster resolution for your case. However, the outcome depends on the case’s specifics and your lawyer’s negotiation skills.
Is It Worth Going to Trial for a DUI?
It is worth going to trial for a DUI under certain circumstances. If there are weaknesses in the prosecution’s case, such as an illegal stop or insufficient evidence, it may be worth going to trial. If their case is strong, you may be better off taking a plea deal to resolve the case outside of court.
GET HELP IMMEDIATELY FROM A DRUG DUI ATTORNEY IN GILBERT
Knowing the elements of a DUI charge and how to disprove them is crucial for avoiding conviction, but it can be difficult to do on your own. Call us for help! Working with a knowledgeable Gilbert drug DUI lawyer can help improve your chances of a favorable case outcome, so reach out to the Grand Canyon Law Group as soon as possible.
Call or text 480-400-5555 or complete a Free Case Evaluation form
