AZ DUI Laws: DUI and Drugs (Illegal and Legal)
I wasn't drunk, but I did smoke some marijuana earlier in the day. I felt absolutely fine, but I hear that it doesn't matter. Is this true?
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Yes, you can be stone cold sober and still be convicted of DUI in Arizona. This is possible because Arizona law prohibits driving or being in "physical control" of a vehicle while there is any drug or its metabolite (as defined in A.R.S. 13-3401) in a person's body. Metabolites are what remains after the body uses up the drug. The best example I can give is after you burn wood in a fire, ashes remain. Drugs are much the same way. The body burns them. The metabolites are left behind. Metabolites can remain in the body well past the time a drug is actually active -- from hours up to days and even weeks, depending upon the drug.
What are the consequences of a drug related DUI - A.R.S. s 28-1381(A)(1)?
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The consequences of being convicted of driving with drugs or drug metabolites in your body are more serious then the consequences of a standard DUI. This is because MVD revokes a defendant's driving privilege for a minimum of one full year for any DUI conviction which is drug related. In other words, you do not have to be convicted under the drug statute to have your license revoked for one year. If the court reports to MVD that the DUI was the result of drug impairment, your license will be revoked for a minimum of one year. In addition to the license revocation, other penalties and consequences include:
Mandatory jail time.
Mandatory fines, administrative courts costs, jail fees, as well as substance abuse and counseling fees.
Increased car insurance rates.
A drug related criminal record.
Can I be arrested for driving under the influence of drugs if the drugs were prescribed by my physician?
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Absolutely. In Arizona, if your ability to drive has been impaired, even to the slightest degree, you can be convicted of DUI. Just as the legality of alcohol and alcohol consumption is not a defense to DUI, the legality of consuming a prescription drug is also not a defense. You may be authorized to take the drug, but you cannot operate a motor vehicle if it impairs your ability to drive. Furthermore, if the court lists prescription drugs as the cause of impairment, your license will be revoked for a minimum of one full year.
While you can still be convicted of DUI for driving while impaired by prescription drugs under A.R.S. § 28-1381(A)(1), the fact that you have a prescription is a defense to 28-1381(A)(3). In this type of case, prosecutors must still prove actual impairment.
