Experienced Drug DUI Attorney in Scottsdale, AZ
Most DUI arrests and subsequent prosecutions in Scottsdale allege that a person has operated a motor vehicle under the influence of alcohol. However, the state’s DUI laws also prohibit the operation of vehicles under the influence of any foreign substance, including street drugs and prescription medications. Driving under the influence of any substance that impairs your ability is against the law.
If you are facing these charges, let a Scottsdale drug DUI lawyer guide you through the legal process. At Grand Canyon Law Group, our seasoned DUI attorneys can explain the relevant laws, evaluate the potential penalties of a conviction, and take all the steps necessary to defend you against these accusations.
For a free legal consultation with a dui drugs lawyer serving Scottsdale, call 480-400-5555
DUI LAWS CONCERNING DRUGS AND MEDICATIONS
The state’s DUI statute covers a wide range of behaviors. According to Arizona Revised Statutes § 28-1381, it is illegal to operate a vehicle while under the influence of any substance that impairs a person’s driving ability. While this certainly includes alcohol, any substance that interacts with a body’s chemistry can also fit this definition.
When most people imagine these substances, they think of street drugs like marijuana, cocaine, heroin, and methamphetamine. However, certain prescription medications and even over-the-counter substances could impair someone’s ability to drive. A Scottsdale drug DUI attorney can further explain the state’s prohibition on substances that impair a person’s ability to drive safely.
Scottsdale DUI Drugs Lawyer Near Me 480-400-5555
DRUG DUIS VERSUS ALCOHOL DUIS
All DUI cases require a prosecutor to prove that a person’s ability to control a vehicle was compromised. In alcohol cases, a police officer may require a driver to take a blood, breath, or urine test. However, drug cases cannot rely on breathalyzers.
Police officers suspecting impairment due to the use of drugs may require a driver to take a blood or urine test at a nearby hospital. Challenging the rationale for insisting on this test is one common method our Scottsdale lawyers use to defend drug DUI cases.
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PENALTIES FOR DRIVING UNDER THE INFLUENCE OF DRUGS
Just like those involving alcohol, drug DUI cases are misdemeanors. A conviction can come with equally harsh penalties, including a mandatory 10-day jail sentence. Additionally, the court can order significant fines and a loss of license for at least 90 days. The court may also order a person to complete a drug education or treatment program.
A conviction for a drug DUI can seriously disrupt a person’s life, making it important to work with our Scottsdale defense attorneys on a strong defense strategy.
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DEFENSES TO DRUG DUIS IN SCOTTSDALE
Driving under the influence of drugs is a common yet misunderstood charge. For example, many people are surprised to learn they can face DUI charges for prescription drugs. These allegations can arise in various scenarios and lead to serious criminal penalties.
Drug DUI cases often rely on an officer’s opinion that a driver was impaired, meaning there are many opportunities for an effective defense. Consult Grand Canyon Law Group on defenses to drug DUIs in Scottsdale.
INVOLUNTARY INTOXICATION DEFENSE
Involuntary intoxication could be an effective defense to a DUI charge if the driver did not intentionally take the drug or medication. This could involve scenarios where someone drugged the driver or spiked their drink. However, involuntary intoxication would not be a valid defense if the driver knowingly took medication without knowing how it would affect them or how it would interact with other substances.
If the officer believes the driver was impaired and can show they had drugs in their system, the driver will likely face DUI charges. A driver who suspects they were involuntarily intoxicated should speak with our Scottsdale attorneys immediately, as this could be a defense to the drug DUI charges.
DEFENSE STRATEGIES DURING A DUI STOP
In a drug DUI case, limiting the amount of information an officer can use against the driver is important. Our experienced lawyers highly recommend that anyone pulled over for a drug DUI in Scottsdale politely decline any field sobriety testing. The driver should not walk in a line or stand on one leg, as the officer can mark down subjective observations that are difficult to disprove.
A driver has the right to refuse field sobriety tests and decline to answer the officer’s questions. If the officer asks, “Are you on any medications?” the driver should exercise their right to remain silent. As our experienced Scottsdale lawyers can attest, the less information the officer can gather during the arrest, the easier it will be to defend the drug DUI charges in the future.
DEFENDING AGAINST DRUG TESTS IN DUI CASES
Unlike with field sobriety tests, refusing a blood or breath test can come with administrative consequences. A refusal leads to a driver’s license suspension or revocation for a year. This is due to “implied consent” in Arizona, meaning drivers implicitly consent to chemical testing when an officer suspects them of DUI.
Previously, an officer could charge a driver with a new crime for refusing a blood or breath test in Arizona. Now, this only comes with driver’s license penalties, not criminal charges. When an officer asks for a chemical test for suspected drug DUI in Scottsdale, our defense lawyers recommend saying, “I am not refusing, but I want to talk to an attorney first.”
When you face allegations of driving under the influence of drugs, you need an attorney with experience handling these cases. There are key differences between drug DUI cases and those involving alcohol. You want someone with trial experience representing you throughout the legal process.
The skilled lawyers at Grand Canyon Law Group know how to build powerful defenses to drug DUIs in Scottsdale. We can raise issues with the traffic stop or the blood test. Our legal team can negotiate a favorable plea deal or take your case to trial, depending on your specific goals for the case.
WHAT TO DO WHEN FACING DRUG DUI CHARGES
If you’ve been pulled over for a drug DUI on a busy street like Scottsdale Road or Shea Boulevard, the steps you take immediately after your arrest could dramatically impact your case. It’s important to be respectful toward the arresting officer, but you should know that you are not required to comply with requests to perform field sobriety tests, and you don’t have to answer any questions posed to you by the police.
You should exercise your right to silence and your right to an attorney, hiring a drug DUI lawyer immediately. In the meantime, comply with mandatory chemical testing requirements to avoid an additional license suspension, but don’t speak with the police officers who arrested you until you have legal counsel.
WHY HIRE A DRUG DUI LAWYER?
There were 4,825 drug DUI arrests in one year, according to the most recent data from the Arizona Governor’s Office of Highway Safety. If you’re being accused of driving while impaired by substances, you can hire a drug DUI lawyer to help you defend yourself against these serious charges. Your attorney can help you:
- Understand drug DUI laws
- Protect your constitutional rights
- Look for issues with chemical testing
- Avoid the harshest drug DUI penalties
- Negotiate a beneficial plea deal
- Represent you in court, should your case go to trial
Hiring a Scottsdale drug DUI attorney is the most effective way to improve your chances of maintaining your license and your freedom.
FAQs
Is Jail Time Mandatory for a First DUI in Arizona?
Yes, jail time is mandatory for a first DUI in Arizona. However, you can often significantly reduce your mandatory minimum by successfully completing a court-ordered drug screening and treatment program. However, under ARS § 28-1381, you must still spend one day in jail even if you successfully complete the drug education program.
What Is the DUI Law in Arizona?
The DUI law in Arizona is codified in ARS § 28-1381. It sets the legal limit for blood alcohol concentration at 0.08% and indicates that driving while impaired by drugs to the slightest degree is a crime. ARS § 28-1381 also sets the penalties for driving under the influence, which can include a minimum of 10 to 90 days in jail, substantial fines, a license suspension, and a mandatory ignition interlock device installation.
How Much Coke Can Get You a DUI Charge in Arizona?
Any amount of coke can get you a DUI charge in Arizona. Arizona law makes it illegal to drive while under the influence of any amount of intoxicating substance, including cocaine and other illicit drugs. You could face serious consequences if you test positive for cocaine after being arrested for a DUI.
What Penalties Does a Second DUI Conviction Within Seven Years Carry in Arizona?
A second DUI conviction within seven years can carry substantial penalties in Arizona under ARS § 28-1381. You could face a mandatory minimum jail term of 90 days, which can sometimes be reduced to 30 days if you complete a court-ordered drug screening and treatment program. Your fines may also be more substantial and include not just a base fine of $500 to $2,500, but also additional lab fees and jail costs. You’ll also lose your license.
SPEAK WITH A DRUG DUI ATTORNEY IN SCOTTSDALE TODAY
Although most DUI cases hinge on the consumption of alcohol, it is just as illegal to take any foreign substance that impairs your driving ability, including street drugs and legal medications.
If you are facing charges of intoxicated driving following a traffic stop, a Scottsdale drug DUI lawyer is here to help. Our legal team can explain the state’s laws and potential punishments for conviction. We can work to formulate a defense that protects your rights and freedoms. Contact Grand Canyon Law Group today to learn how we can represent you and protect your way of life.
Call or text 480-400-5555 or complete a Free Case Evaluation form
