Phoenix DUI Lawyer Blog

Drug DUI Charges Gilbert AZ

In 2011 Drug DUI charges were responsible for over 50% of all DUI charges in Arizona. By laws a motorist may be arrested for DUI, even if they have not consumed any alcoholic beverage, but is driving under the influence of any drug. The offense is called DUI - "impaired to the slightest degree". If convicted, the penalties are as harsh and similar to Drunk Driving due to Alcohol.

DUI with Drug Laws Arizona

Under A.R.S. § 28-1381. You may be found guilty if you were driving or in actual physical control of a vehicle, 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;

• There is any drug defined in section A.R.S. § 13-3401 or its metabolite in a person's body, that caused the impairment to the slightest degree.

In absence of Aggravated (felony) factors, Drug DUI violations are charged as Class 1 Misdemeanors.

Drug DUI Penalties

Despite the fact that a Drug DUI is a Misdemeanor, it still calls for harsh penalties. If convicted of a first offense Class 1 Misdemeanor the following penalties may be imposed:

• 10 days mandatory jail;
• Ignition interlock device (IID) at least 6 months;
• Drug/Alcohol counseling or treatment:
• Fines, Fees, Costs, & Assessments $1,250.00;
• Driving privileges suspended for 3 months;
• Probation or community service

If you were arrested for any type of DUI in Arizona, it is important that you consult a criminal defense firm to discuss your matter, and defense. Consequences for convictions are serious. There may be defenses that are available that if used may lead to a dismissal or reduction of charges and penalties. If retained, an experienced DUI lawyer will protect your rights, defend your charges, and help you get the most favorable outcome possible in your case.

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