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.