Arizona State Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). If the drug causes "impairment to the slightest degree" in your driving, and you are stopped by an Arizona Police Officer, you may be subject to questioning and possible drug testing for Arizona DUI. If you receive an Arizona DUI charge, you should consult an Arizona Criminal Defense Attorney, or Arizona DUI Lawyer. These are considered Arizona criminal charges; even if it is a first time offense. If your driving is altered due to the drug, any Drug, you could be subject to a DUI charge. Below are portions of the Arizona DUI drug laws:
Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)
If you are taking a prescribed drug or available over the counter drug, for pain, be it for headache, dental, muscle-skeletal pain, insomnia, anxiety, or a host of other causes, you may be taking a drug that can alter your ability to drive. The last thing most people think about when they are taking a legally prescribed drug, or something they just purchased from the grocery or drug store for their symptoms, is the possibility of getting a DUI on the way home or to their destination. Unknowingly, and innocently, you could be committing a criminal offense in State of Arizona.The best advice that ban be offered is simple:
• Think twice before getting behind the wheel after taking any drug
• Read Labels on the drug container
• Ask Your Doctor if you can safely drive while using the drug.
• Ask Your Pharmacist for a drug consultation when you pick it up.
• If you still are not sure, it's better to be safe than sorry. Don't Drive.
If you have been charged with any Arizona DUI, Arizona, Arizona Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.