News

It’s easy to think that driving after taking your regular prescriptions is something that you can’t get in trouble for. After all, they were prescribed by a doctor for a reason, right? It will come to the flagstaff of many that this is actually not the case in Arizona.

Called an “impairment DUI”, it is taken into consideration what type of effect the drug had on the driver, rather than a typical DUI that focuses on how much of a substance has been ingested by the driver. This law applies if it is possible to prove the impairment caused by the prescription.

What Counts as a Prescription Drug?

A prescription drug is a drug that can only be obtained through a doctor’s script and picked up at a pharmacy. Dangerous drugs and narcotics are not classified as prescription drugs.

The most common prescription drugs that can cause for an impairment DUI are pain killers. Prescriptions such as Vicodin, Xanax, Valium, Morphine, Codeine, Oxycodone, OxyContin, Hydrocodone, and Percocet are some of the prescriptions that can cause for impairment while driving.

What Proof is Needed?

In a court of law, the state must provide proof of the driver’s impairment at the time of the traffic stop. The first thing that needs to be proven is if the Defendant was in fact driving and in physical control of a vehicle in Arizona.

Some factors to prove that the Defendant was driving include: the vehicle was running, the key was in the ignition, where the driver was found in the vehicle, if the driver was asleep or awake, if the headlights were on, and if the vehicle was stopped (if so, was it parked legally).

The next thing that needs to be proven is if the Defendant was under the influence of a prescription drug and they were impaired by it while driving the vehicle. In Arizona, if the state is able to prove that the Defendant was impaired by the drug to any degree, even slightly, this is enough evidence. If any drug or metabolite is found in the Defendant’s body at the time of driving, this is enough for an impairment DUI.

What are the Penalties for a Prescription Drug DUI?

Penalties for an impairment DUI are similar to those of a regular DUI.

For a first offense, you can receive 10 to 180 days in jail depending on severity, and all but twenty-four hours may be dismissed after the drug screening is completed. You will be required to complete drug treatment. There will be a fine of about $1,800 plus all jail costs. You will have your license suspended for 90 days. You may also be sentenced probation of up to 5 years, and community service will be required. You will also be required to have an ignition interlock device for 12 months.

For a second offense, you can receive 90 to 180 days in jail depending on severity, where 30 days must be served consecutively. All but 30 days may be dismissed after completion of drug screening and treatment. There will be a fine of about $3,500 plus all jail costs. Your license will be suspended for a full year, but you may be eligible for a restricted license after 45 days if you have an ignition interlock device installed. The ignition interlock device will be mandatory for 12 months. You may be sentenced probation of up to 5 years, and you will be required to complete a minimum of 30 hours community service.

For a third offense, if all three are within 7 years, you will receive a felony and mandatory jail time of at least 4 months. The state may seize your vehicle, or they might require an ignition interlock device for 2 years. There will be a fine of about $4,000 plus all jail costs. You will have your license suspended for at least one year, but it is possible to face a suspension of up to 3 years. You may be sentenced probation of up to 5 years, and community service of at least 30 hours will be required.

What if I Didn’t Know it is Against the Law?

Unfortunately, if you were not aware that driving under the influence of prescription drugs was illegal, it is not a valid excuse. However, if you were given a prescription drug unknowingly that caused you to be impaired, this can be helpful in defense.

What Defenses Can Be Used to Defend My Charges?

There are a few defenses that can be used to defend your case, here are some of the most common.

If the police did not provide you with a warrant to draw your blood but took it anyway, this information can be used to defend you.

If the police pulled you over without having any reasonable suspicion, say you weren’t swerving, you weren’t speeding, or another reason. This information can be used to defend you in a court of law.

If you decide to get an independent DUI blood test to check the results of the one the police did, and the results are inconsistent, you will be able to use this information in your defense.

If you can prove you were not driving impaired, even to the slightest degree, you may use this information in your defense.

If you can prove that you were using the drug as instructed by your doctor, this is some very helpful. Information that can be used in your defense.

If someone gave you a drug without your knowledge, this information can also be used in your defense.

If at any time during the investigation the police violated any of your constitutional rights while gathering evidence, this information will be extremely helpful in your defense in the court of law.

Can I Refuse a Blood or Breath Test in Arizona?

Arizona has very strict laws regarding any kind of DUI. Called the “implied consent” law, if you get pulled over under the suspicion of impairment, you are required to comply with a blood or breath test. If you refuse on your first offense, you will receive a license suspension of one year. If you refuse on your second or any following offense, you will receive a license suspension of two years.

Conclusion

In Arizona, it is considered illegal for a person to drive under the influence of any type of drug, including prescription drugs that are being used under doctor supervision. If you are taking a prescription drug, make sure you talk with your doctor to determine the best time of day to take it, preferably when you won’t be driving. You should also make sure you know how long after taking the medication will it be safe for you to drive.

If you have been convicted of an impairment DUI, it is best to seek out information and guidance from a lawyer. They will be able to help you with your defense, as well as help you figure out what steps you need to take during the investigation process. They will be able to point you in the right direction through the entire defense process.