DUI while on Prescription Drugs in Arizona: What You Need to Know
Under Arizona Revised Statute ARS 13-3401 (28), a prescription drug is any drug that produces any toxic or other type of harmful effect to the human body, and which that the method of use are not typically recognized among the medical community as generally safe when only used under the direct supervision of a doctor or other medical practitioner.
And, under Arizona Revised Statute 28-1381, it is considered entirely illegal to operate any motor vehicle when “impaired to the slightest degree” due to alcoholic beverages or any other kind of toxic drug, and that does absolutely include prescription medications, whether they are prescribed to you or not. The specific language in the statue refers to any “alcohol, drugs, toxic substances, vapor releasing substances, or any combination of these.”
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Lawful Use of Prescription Drugs and Selecting Your Driving Under the Influence Attorney in Arizona
The first and most critical step in defending yourself against an DUI conviction is finding a defense attorney who has the experience and understanding to make your DUI defense a winning one, that will help the court to see that the charges must either be dismissed or dramatically reduced.
To achieve this goal, your prescription drug DUI defense attorney will need to know Arizona Revised Statute 28-1381(D) and understand every nuance of you using your drugs as prescribed by your medical professional to show you were not impaired, and the best way to get started with that is to obtain free legal counsel through our complimentary and entirely free legal consultation.
During this time, your prescription Arizona DUI attorney at the Law Office of Daniel Hutto will listen and ask you questions about your charges so that s/he can best understand precisely what happened. From there, our highly experienced and caring staff will work with your AZ prescription DUI attorney to iron out the details of your defense and prepare for your day in court.
Arizona Prescription Drug DUI Penalties, Fines, and Fees
Because Arizona has strict laws around any type of driving under the influence, and because prescription drugs are included under those laws and statutes, it’s important to understand the penalties, fines, and fees to the court that are associated with Arizona DUI law where prescription medications and other prescribed drugs are concerned.
If this is the first time being charged, your prescription DUI offense will be brought against you as a class 1 misdemeanor, as long as there are no aggravated offense factors in play.
A prescription drug driving under the influence charge in the state of Arizona will fall under the same rules and regulations as any other first-time misdemeanor driving under the influence charge, and the penalties will include:
- Minimum 10 days in jail
- A base fine of $250 that can be amended and added to until it amounts to as much as $2,500 in total fines and fees to the court
- Potential probation for up to five (5) years as determined by the judge in
- Substance abuse education classes and potentially drug screening as ordered by the judge in your case
If this is your second DUI or third DUI conviction within a 84 month time span since your first conviction, the penalties and fines significantly increase. Call us immediately so we can go over the details of your case.
Harsh Arizona DUI Laws Mean You Need Legal Representation for a Prescription Drug DUI Charge Right Away
Arizona has some of the strictest driving under the influence laws in the entire US, along with some of the harshest penalties for those charged with a first-time driving under the influence (DUI) anywhere in the state of Arizona.
For first-time DUI offenses involving any prescription drugs, convictions are treated exactly the same as if you had been drinking and driving — and while that may not seem very fair, it’s important to know and understand if you have been charged with a prescription driving under the influence offense in the state of Arizona. The big difference is how a prescription drug DUI is defended versus an alcohol DUI.
We will find the absolute best defense for your unique case to best ensure your best chances at getting your prescription medication charges dropped or dramatically reduced. Reach out to the Law Office o Daniel Hutto today to begin your free legal consultation. Dial 602.536.7878 now to start the process of building your best Arizona DUI legal defense today.
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- Daniel saved my record by getting both DUI charges dropped. He truly connected with me and acted as if the case was happening to him. Daniel fights hard and aggressively in court by using real facts and laws. He made me feel secure and taken care of through his communication, diligence and patience to find every little detail and angle of my case. I felt as if we were a team and in this together. He's talented beyond his knowledge of the court system and laws. He's quick on his toes. I really could not have found a better lawyer. I am forever grateful for his thorough effort and determination to find success. Thank you Daniel!!!⭐⭐⭐⭐⭐ Anonymous (Review from Avvo)