DUI with Drugs

A DUI, no matter what the circumstances, will generally result in serious punishments and consequences if the driving under the influence offense ultimately results in a conviction. Even though you may not be under the influence of alcohol in Arizona while operating your vehicle, you can still receive charges for a DUI. “Under the influence” also includes drugs and controlled substances in its definition.

If an individual is pulled over on suspicion of driving under the influence of alcohol, drugs or controlled substances (DUI) in Mesa, and they subsequently test positive for illegal drugs, they may be charged with a drug DUI offense. The mere presence of illegal drugs in the driver’s system is enough to charge the alleged offender with a criminal offense. Even if the drugs were taken weeks ago, if they are in your system at the time of testing, this information will most likely be used against you.

If you have been charged with drug DUI offense in Arizona, it is essential to contact an experienced DUI defense attorney who will challenge the prosecution on issues involving the accuracy and reliability of blood and urine chemical tests, including how the tests were administered and whether mistakes were made in the Arizona police crime labs.

If you have been charged with driving under the influence of drugs or controlled substances in Mesa, or any of the surrounding cities of Phoenix, Gilbert, Tempe, Chandler or Scottsdale, contact the Law Office of James E. Novak. Attorney James Novak is knowledgeable in all areas of Arizona’s DUI laws and has the legal and forensic tools needed to challenge Arizona drug DUI charges. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your alleged DUI drugs offense.

• Drug DUI Laws in Tempe
• Penalties for Drug DUI in Chandler
• Challenging Drug DUI Evidence in Scottsdale
• Mesa DUI with Drugs Resources

Back to top

An individual can be charged with a drug DUI offense in Tempe under the Arizona Revised Statutes § 28-1381 if they drive or are in actual physical control of a vehicle:

• While under the influence of any drug, vapor releasing substance containing a toxic substance, and any combination of alcohol and drugs and they are impaired to the slightest degree, or
• If any controlled substance is found in their body.

As for the specific drugs included in this definition, the list is extensive and can be found in ARS section 13.3401. Some of the most common drugs that can result in charges for a drug DUI can include the following substances:

• Marijuana (cannabis, bud, ganja, weed)
• Cocaine (coca leaves)
• Codeine
• Heroin
• Oxycodone
• Morphine
• Methamphetamines
• Amphetamines
• Nitrous oxide
• Peyote (Mescaline)
• Opium
• Ecstasy

Back to top

Charges for a drug DUI can be prosecuted as a misdemeanor or felony offense. If police found drugs or paraphernalia on you or in the vehicle, you may face additional charges for drug and paraphernalia possession.

In most cases first time offenders will be charged with a Class 1 Misdemeanor, which, according to ARS section 13.707, comes with a presumptive sentence of:

• Six months in jail, and/or
• Fines of no less than $250.

Although this is a presumptive sentence, with an experienced DUI lawyer you may be able to forgo jail altogether, depending on the circumstances and specifics of your case. If you have been convicted of previous similar offenses, the punishments you will likely if convicted will probably be enhanced. ARS § 13.707 states:

• A person who is at least eighteen years of age who stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has been convicted of one or more of the same misdemeanors or petty offenses within the past two years shall be sentenced to the next highest offense than the one the person currently is convicted.

This basically means that if you are a repeat DUI offender, you may be charged with a Class 6 Felony instead of a Class 1 Misdemeanor, which comes with a presumptive sentence of:

• 1.5 to 2 years in prison and/or fines of at least $750.

Back to top

DUI with drugs charges involve many variables that can potentially complicate your case, along with some important instances that can be advantageous to your case. It is important to understand why the police stopped the alleged offender in a drug DUI case. If the individual was given a blood or urine chemical test to determine their blood alcohol concentration levels (BAC), it also important to understand what the reasons were for requesting the blood or urine sample. Your criminal defense attorney will help identify if the blood or urine sample was handled appropriately and preserved for independent testing.

An experienced criminal defense attorney in Tempe will also review how the police conducted the investigation, how they collected and treated blood or urine samples, and whether these tests are accurate indicators that the individual was driving while impaired.

If the police discovered drugs in the alleged offender’s car, a criminal defense lawyer will evaluate the case and police procedure for the possibility to challenge the search of the vehicle and identify any failures of proper police procedures. If the law enforcement officer conducted an illegal search and seizure or arrest without probable cause, the alleged offender’s criminal defense attorney will likely file a motion to have the charges dismissed.

Back to top

Drug List – ARS – This site lists every substance that the state of Arizona considers an “illegal drug” that can result in charges for a drug DUI if you are under the influence of any of these controlled substances when pulled over for an alleged DUI with drugs offense.

Arizona Department of Motor Vehicles – This site contains information about the department of motor vehicles and includes pertinent references concerning driver’s licenses, ignition interlock devices, vehicle insurance requirements, and include something here that pertains to drug DUI.

DUI and Traffic Law Guide – This website developed by the Arizona State University, gives information on Arizona traffic and DUI laws, such as specific statutes, reading material and relevant external links.

Back to top

A driving under the influence offense in Arizona can be interpreted in many ways, and can result in criminal charges if you are under the influence of alcohol or drugs. A drugged DUI charge is a serious offense that should be approached in a studied and informed manner with regard to your legal defense.

Contact the Law Office of James E. Novak today for a consultation about your drug DUI charges throughout Maricopa County in Arizona, including the cities of Mesa, Phoenix, Tempe, Gilbert, Chandler and Scottsdale. James Novak is an aggressive and experienced DUI lawyer in Tempe who will use his substantial legal knowledge to make every effort to fight your charges and help you move on with your life. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your drug DUI.