Understanding DUI Prescription Drug Charges in Arizona

A prescription drug DUI occurs when a driver is impaired by prescription medication while operating a vehicle. Under Arizona law, it is illegal to drive or be in physical control of a vehicle while impaired to the slightest degree by any substance, including legal prescription drugs. This means that even if you are following a doctor’s orders, you can still face DUI charges if the medication impairs your driving abilities.

Arizona Revised Statutes § 28-1381 outlines the DUI laws for impaired driving, which includes not only alcohol and illegal drugs but also prescription and over-the-counter medications. If law enforcement believes that a prescription drug has impaired your ability to drive, you could be arrested and charged with a DUI.

Arizona’s DUI laws are very clear: impairment is the key factor in determining whether you will face charges. This applies regardless of whether the substance impairing you is alcohol, marijuana, or a prescription drug. In other words, it doesn’t matter if the drug is legally prescribed by a doctor—if it affects your ability to safely operate a vehicle, you could be charged with a DUI.

Law enforcement officers look for signs of impairment, which may include:

• Difficulty maintaining lane control
• Slurred speech
• Delayed reactions
• Inability to perform field sobriety tests

Officers may request a blood or urine test to determine whether prescription drugs are in your system. Unlike alcohol DUIs, which rely on a blood alcohol concentration (BAC) threshold of 0.08%, there is no specific “legal limit” for prescription drugs. Instead, the focus is on whether your ability to drive is impaired.

While many medications come with warnings about operating heavy machinery, not all drivers are aware of how severely some prescription drugs can impair their ability to drive. Below are some common prescription medications that often result in DUI charges:

• Opioids: Prescription painkillers such as oxycodone, hydrocodone, and morphine can impair judgment, slow reaction times, and affect motor skills.
• Benzodiazepines: Medications like Xanax, Valium, and Ativan are prescribed for anxiety or insomnia, but they can cause drowsiness and impair cognitive function.
• Sleeping Pills: Drugs like Ambien or Lunesta are designed to induce sleep, and even if taken the night before, they can cause drowsiness or disorientation the next day.
• Muscle Relaxants: Medications such as Soma or Flexeril can cause sedation and dizziness, making it dangerous to drive.
• Antidepressants and Antipsychotics: Some medications prescribed for depression, anxiety, or mood disorders can cause drowsiness, confusion, or difficulty concentrating.

Even if you feel fine, these medications can still affect your reflexes and judgment in ways that make driving hazardous. If you are taking any of these or similar medications, it’s essential to understand the risks before getting behind the wheel.

The penalties for a prescription drug DUI in Arizona are similar to those for alcohol-related DUI offenses. The consequences become more severe for repeat offenses or if there are aggravating circumstances, such as accidents or injuries.

For a First-Time Prescription Drug DUI:

• Jail Time: A minimum of 10 days in jail, though this may be reduced if the individual completes drug education or treatment programs.
• Fines and Fees: Up to $1,500 in fines, plus additional surcharges and court costs.
• License Suspension: A 90-day suspension of your driver’s license.
• Mandatory Drug Education: You may be required to complete a drug and alcohol education program.
• Community service at the judge’s discretion
• Traffic survival school
• SR-22 insurance for up to three years
• 8 points added to your Arizona MVD record

For Repeat Offenses:

• Increased Jail Time: At least 90 days in jail, with some portion possibly suspended if treatment is completed.
• Higher Fines: Fines can increase to over $3,500 for a second offense.
• Extended License Suspension: License suspension could last for a year or more, depending on the number of prior offenses.
• Probation and Monitoring: Repeat offenders may face longer probation periods and be required to install an ignition interlock device on their vehicle.

As with any DUI offense, the penalties can be enhanced if the driver causes an accident, especially if it results in injury or death.

A conviction for a prescription drug DUI can have long-lasting effects, extending beyond fines and jail time. Some of the potential impacts include:

• Criminal Record: A DUI conviction becomes part of your permanent criminal record, which can affect job opportunities, housing, and more.
• Increased Insurance Rates: Auto insurance premiums typically rise dramatically after a DUI conviction, and some insurance companies may refuse to cover you altogether.
• Professional Consequences: Certain jobs, particularly those involving driving, require a clean record. A DUI conviction can result in job loss or difficulty finding employment in certain fields.
• Educational and Licensing Issues: If you are pursuing a professional license or certain educational opportunities, a DUI conviction may limit your options.

The combination of legal penalties and collateral consequences makes it crucial to seek experienced legal help to fight a prescription drug DUI charge.

If you are facing a prescription drug DUI charge, there are several defense strategies that could be used, depending on the circumstances of your case:

1. No Actual Impairment: Just because prescription drugs are present in your system doesn’t necessarily mean you were impaired at the time of driving. Your attorney may argue that you were fully capable of driving safely despite having taken medication.
2. Unlawful Traffic Stop: If the police officer did not have reasonable suspicion or probable cause to pull you over, any evidence gathered after the stop, such as test results, may be thrown out.
3. Improper Drug Testing: Blood or urine tests used to detect prescription drugs must be administered and processed according to strict protocols. If there were errors in how the test was conducted, the results could be challenged.
4. Medical Necessity: If the prescription drug was necessary for your health, and you were taking it as directed by a doctor, your attorney may argue that the medication was lawful and did not result in significant impairment.

Medication Side Effects: Some individuals experience unexpected side effects or interactions with other medications. If the impairment was caused by a unique or unpredictable reaction, this could be part of your defense.

If you have been charged with a DUI for prescription drugs in Arizona, it’s essential to have a skilled legal team on your side. Guardian Law specializes in DUI cases and understands the complexities of prescription drug-related charges. We will work tirelessly to protect your rights and minimize the impact on your life.

At Guardian Law, we will:

• Analyze the details of your case to identify weaknesses in the prosecution’s evidence.
• Challenge unlawful stops and improper testing procedures.
• Build a defense strategy tailored to your specific situation, whether that means negotiating for reduced penalties or fighting the charges in court.

Facing a prescription drug DUI can be overwhelming, but you don’t have to navigate it alone. Contact Guardian Law today for a free consultation, and let us help you defend your rights and protect your future.