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DUI for Drugs in Arizona

In Arizona, it is unlawful for any person to be in physical control of a vehicle in public while under the influence of alcohol, drugs, or vapors. This means that any person who operates a vehicle in public after drinking alcohol or using drugs is subject to being charged with driving under the influence—popularly referred to as DUI. A DUI for drugs in Arizona is a DUI where the police have determined the operator had any amount of drugs or metabolites of drugs in his or her system at the time of operation. The laws governing DUI for drugs in Arizona are found in A.R.S. §28-1381.

The police determine that a driver is under the influence of drugs in several ways. Everything that the police see, hear, and smell will be used by them to make a determination as to whether the driver is under the influence. Observations like glassy eyes, odors, slurred speech, and unsteady walk or posture all indicate to police that a DUI has been committed. The police may also search the vehicle in an attempt to discover any illegal substances.

If the police believe a DUI for drugs has been committed, they will arrest the operator of the vehicle and continue their investigation. Once arrested, the police may require blood or urine tests to check for the presence drugs. If any amount of drugs or metabolites, which are remnants of drugs that sometimes remain for weeks after using drugs, are found in a person’s system, the police can charge that person with DUI for drugs. Since the presence of metabolites is enough to be charged with DUI for drugs in Arizona, a person who took drugs days or weeks ago can still be charged with DUI for drugs if there are detectable metabolites in his or her body. The list of illegal substances that will lead to a charge of DUI for drugs is found in A.R.S. §3401.

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A DUI for drugs in Arizona is a serious offense with serious penalties. A DUI for drugs in Arizona is a class 1 misdemeanor punishable by a sentence of at least ten days in jail, loss of license for 90 days, and fines over $1000.00. Penalties for additional offenses are even stricter. A second offense for DUI with drugs in Arizona within 7 years of the first offense calls for a minimum sentence of 90 days in jail, mandatory loss of license for one year, and even higher fines.

If you have a DUI case in Arizona that involves drugs you’ll need a strong defense for your case. To schedule a free consultation, please call our offices at (602) 461-8625 to set your appointment. Our offices are available 24 hours a day and can also be reached by email.

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