Drug driving laws in Arizona are located under § 28-1381 of the Arizona Revised Statutes. DUI-D or Driving Under the Influence of Drugs, including prescription or illegal drugs or any other controlled substance, may be charged as a misdemeanor or felony, depending on the circumstances. If drug paraphernalia is found on the person or in the vehicle, then there will be additional charges.
According to Arizona law, it is unlawful for a person to drive or be in actual physical control of a vehicle if there is any drug or its metabolite in their body. Even if the drug was not taken recently, some substances can remain in the system for weeks after use.
There is a “zero tolerance” policy against drugged driving in Arizona. This means that the mere presence of any controlled substance in your system will be enough to charge you with a drug DUI offense. Actual evidence of impairment is not essential for the driver to be charged with a DUI-D. As long as the officer had reason to believe that the driver was under the influence of a controlled substance, or showed signs of impairment, they can stop and arrest the driver.
The drugged driving law in Arizona prohibits certain substances which are listed in Section 13-3401 of the Arizona statutes. Administering any of these drugs, which means application, injection, inhalation, or ingestion of the substance, can get anyone in trouble if they are found being in actual physical control of a motor vehicle. Cannabis, cocaine, opium, oxycodone, heroin, ephedrine are common drugs that are on top of the list along with numerous other substances. Based on the substance involved, common names for a Drug DUI in Arizona are Weed DUI, Pot DUI, THC DUI, and Metabolite DUI.
When a person is stopped and arrested on the suspicion of driving under the influence of drugs in Arizona, they will be charged with driving under the influence. The driver will be subject to DUI penalties, and a conviction for drugged driving will be considered a prior offense if the person is later stopped and arrested for driving under the influence for alcohol or drugs.
Arizona is an implied consent state, which means that drivers in Arizona have to submit to drug testing if they are stopped on suspicion of driving under the influence of a controlled substance. Chemical tests include blood or urine testing and refusal to take the test will result in serious action against the driver.
A first offense Drug DUI in Arizona is classified as a Class 1 misdemeanor. It carries a minimum fine of $1,250 along with a mandatory minimum jail time of 10 days. The prison sentence can be suspended if the offender completes substance abuse treatment. The offender may be required to complete community service after a conviction and install an ignition interlock device in their vehicle for one year.
A second offense Drug DUI conviction will carry increased fines and a longer mandatory minimum jail sentence.
If you are facing an Aggravated DUI charge in Arizona, call the law offices of David Michael Cantor at 602-307-0808 immediately for proper legal representation.
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