Under A.R.S. § 28-1381(A)(3), it is unlawful for a person to drive or be in actual physical control of a vehicle in Arizona while there is any drug defined in A.R.S. § 13-3401 or its metabolite in the person’s body. The two most common citations for a Drug DUI are for driving while either marijuana or a prescribed drug (with or without a prescription) are in an individual’s system while driving or in actual physical control of a vehicle.
It is important to note that, in Arizona, a person can be charged for a DUI Drugs even with a valid prescription if the drug taken is impairing the person’s ability to drive at the time the person was found to be driving (or in actual physical control of a vehicle). While presenting the prescription is a defense to the “(A)(3)” charge, the State can still attempt to proceed with an “Impaired to the Slightest Degree” DUI.
Our criminal defense team at Gallagher & Kennedy is on the cutting edge of the new medical marijuana laws and is well-versed in all aspects of the effects of prescription medications and, most importantly, the corresponding considerations with regard to Drug DUIs.
If you have been charged with a Drug DUI, you owe it to yourself to contact our attorneys to advise you how to proceed with your current situation. Call (602) 510-9999 today.
“After interviewing several recommended attorneys, I chose Woody Thompson without hesitation. From start to finish, he provided me with honesty, dedication and realistic details about my case. The entire firm was extremely thorough with communication and follow-up supporting me every step of the way. Woody never gave up by tackling every angle of my case for the very best outcome possible. ”