Recently in DUI with Medication Category

March 13, 2013

Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution.

A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals.

The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence revealed on a blood test was an inactive chemical compound in Marijuana. In this case, the drug compound was one that does not cause impairment, "Carboxy-THC". This is a residual compound known to stay in a person's blood stream for 3 to 4 weeks after Marijuana use.

The inactive or non-impairing compound was examined in contrast to the known active ingredient THC or Tetrahydrocannabinol. THC has been successfully argued in courts as one that causes driving impairment.

The lower court dismissed the case before appeal, on the basis that the motorist was not driving impaired. But the Arizona Court of Appeals ruled that both the active compound and the inactive compound fall within Arizona DUI Law A.R.S. 28-1381, so the motorist could still be subject to prosecution.

The impact of this ruling is that the prosecution does not need to prove that the driver was impaired. In order to prosecute the motorist for DUI with Marijuana, as long as at least one of the two compounds can be identified in the DUI blood test evidence. Another adverse impact is that a person may have used the Marijuana legally in another state, days or weeks prior to driving in Arizona, and still be arrested for Marijuana DUI.

The Arizona Court of Appeals indicated that this ruling shall not be used to set precedent. However, this presents challenges in consistency for the courts since other cases similar to this are pending prosecution.


Arizona Drug DUI Law

Currently under Arizona law A.R.S. 28-1381 a person may be guilty of DUI under the following circumstances:

(1) While under the influence of intoxicating liquor or drugs while they are impaired to the slightest degree; or

(2) If the person has an alcohol concentration of 0.08 percent or more, within two hours of driving or being in actual physical control of the vehicle and the alcohol was consumed either before or while driving or being in actual physical control of the vehicle; or

(3) While there is any drug defined in section A.R.S.13-3401 or its metabolite in the person's body.

A person driving under the influence of Marijuana could be arrested under items (1) or (3) depending on the circumstances of the Marijuana DUI. It is not a defense if the person is a qualified Medical Marijuana user.


Criminal Defense Attorney for Drug DUI charges Mesa, AZ

If you face any type of drug DUI charges in Arizona, you should always consult a qualified criminal attorney to discuss your case. Arizona has some of the most strict laws, and severe penalties for DUI conviction in the state. Sentencing for drug DUI charges are the same or similar to those of drunk driving. They include jail terms, suspension of driver's license, probation, substance abuse screening and counseling; fines, fees, and assessments. Other penalties may apply. If retained an experienced criminal lawyer will protect your rights, and defend your charges. There may be defenses that you are not aware of that could lead to a dismissal of charges, or otherwise favorable outcome in your case.


Additional Resources:

Arizona Drug DUI Laws

Arizona Court of Appeals Division 1

Arizona Drugs Defined Under Criminal Code

Mesa AZ Municipal Court

Mesa AZ Police Department


Continue reading "Marijuana DUI: The Impact of Montgomery V. Harris in Arizona " »

July 4, 2012

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.


Resource Links:


http://goo.gl/Co2gf

http://goo.gl/yUsVQ

http://goo.gl/ruAN2

Continue reading "DUI Laws: Drug DUI offenses are subject to same harsh penalties as drunk driving convictions. " »

October 10, 2010

Phoenix Drug DUI Lawyer | Criminal Defense

"Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense."

BAC 0.00 DUI arrest Prescription Drugs, Drug DUI
If you were arrested for drug DUI charges or prescription drug DUI charges in Phoenix, AZ, you should contact an experienced DUI, Drug DUI or criminal defense attorney who defends drug DUI cases in Arizona as soon as possible. These charges are very serious, and are some of the toughest in the country.

If you test positive for drugs in Phoenix AZ, charges fall under the rule of Arizona State Laws and the processes of the Arizona Criminal Justice System. The mere presence of a drug found in your system is enough for AZ police to charge you, if the officer believes that drugs impaired your driving "to the slightest degree." Prescription DUI charges and Drug DUI charges and penalties are very similar to alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Drug DUI Laws Phoenix AZ
Whether you were arrested for Felony DUI or Aggravated DUI in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona the rule of law falls under the authority of Arizona State Law and criminal codes A.R.S. 13-3401.

Arizona 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 it is a prescribed drug is legally prescribed medication by a licensed physician A.R.S. 28-1381 3.B. or illegal dangerous drugs as defined in A.R.S. 13-3401. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 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...."
"A.R.S. 13-3401. Chapter 34 Beginning with DRUG OFFENSES 13-3401 Definitions..."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Prescription Drug DUI, Drug DUI Defense
If you have been charged with drug dui in Phoenix AZ, or prescription drug DUI in Phoenix Arizona, you will need to hire a good Arizona Criminal Defense, DUI or Drug DUI defense Attorney who defends DUI and drug DUI in Arizona on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Drug DUI charges in Arizona. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, or prescription drug DUI by a Criminal Defense Attorney who defends Drug DUI charges often in Phoenix, Arizona through the Arizona Criminal Justice system and in Phoenix Court. If you try to take on the monumental task fighting through the maze of the Arizona Criminal Justice system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a swift conviction.

A qualified defense attorney who defends Drug DUI charges in Phoenix Arizona will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategies to use based on the circumstances in your case in order to get you the best outcome possible for your Phoenix DUI charges in Arizona. Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense.

If you have been charged with any Phoenix Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, gun charges, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).
For more Arizona criminal defense and DUI defense help visit http://www.arizonacriminaldefenselawyer.com
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona. 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.

May 29, 2010

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.

Continue reading "Arizona Drug DUI Attorney DUI with MEDICATION" »

April 28, 2010

Phoenix DUI - AZ DUI Laws

In Phoenix Arizona, did you know you can get an Arizona DUI without being drunk, or having had any alcohol at all? It's true. You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication, prescription drugs. Arizona DUI charges with medication, are taken can be just as seriously by the State as a DUI with alcohol, that is with harsh punishments. If charged with a DUI linked to medication you should consult an Arizona DUI Lawyer as soon as possible regarding your case.

According to recent news agencies (source Arizona Department of Public Safety Laboratory ) report Arizona arrests + 377% surged in 2009 over from 2001 due to DUIs linked to legally prescribed medications such as anti-depressants (Valium and Xanax) and benzodiazepine (psychoactive drugs, such as those used to treat muscle pain, anxiety or insomnia). Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to a toxicology testing based on blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severities of the DUI charges will be based on how much of the substance (s) was or were found in your bodily system based on toxicology results.

It can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys; you and everyone else will have piece of mind and be a lot safer on the road.

Continue reading "DUI with Medication - Arizona DUI Criminal Defense" »