DUI in Arizona is not only about drinking and driving. You can also be arrested for driving under the influence of illegal or prescription drugs. If you are facing drug DUI charges in Surprise, Arizona, call Scott David Stewart right away. We have a history of success defending clients against DUI and other criminal charges.

Why Choose Us?

  • Every criminal defense attorney at Scott David Stewart has been a prosecutor in the past. This means we can anticipate the prosecution’s case and spot weaknesses to benefit your defense.
  • We have a successful track record, defending thousands of clients against criminal charges.
  • Our lawyers are single-mindedly committed to providing high-quality legal representation and fighting for the best possible outcome for our clients.

What Is Drug DUI in Arizona?

Under Arizona Revised Statutes Section 28-1381, it is unlawful to drive while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination thereof. It is unlawful to drive a motor vehicle with any drug defined in Arizona Revised Statutes Section 13-3401 or its metabolite in the body.

Driving under the Influence of Illegal Drugs

Arizona has strict, zero-tolerance laws on drugged driving. It is illegal to drive with drugs detectable in your system. Illegal drugs that impair driving include:

  • Heroin
  • Morphine
  • Cocaine
  • Marijuana
  • LSD
  • Methamphetamine
  • Ecstasy
  • Psilocybin

Driving under the Influence of Pharmaceutical Drugs

Prescription and even over-the-counter pharmaceutical drugs can have dangerous effects on a person’s ability to drive. They can affect alertness, motor skills, judgment, and concentration. A DUI case could be made for driving under influence of a number of pharmaceuticals, including:

  • Antidepressants
  • Valium
  • Hydrocodone
  • Sleeping pills
  • Antihistamines

Medical Marijuana and DUI

Medical marijuana was legalized in Arizona in 2010 with Proposition 203. The Arizona Department of Health Services (ADHS) is responsible for regulating the Medical Marijuana Act. However, even though it has been legalized for medical purposes when obtained under a valid prescription from a licensed dispensary, marijuana is still unsafe for consumption before and during driving. A medical marijuana card will not protect you against charges of drug DUI.

How Do Police Test for Driving Under the Influence of Drugs?

When law enforcement officers have reason to suspect driving under the influence of alcohol or drugs, they typically do a traffic stop and further investigation to determine sobriety. An officer who suspects drug DUI will look for visual signs of impairment, question the suspect, and order a blood test. Some substances can remain in the system for weeks after use. Nevertheless, you could be charged with drug DUI if you test positive.

Penalties for Drug DUI in Arizona

Penalties for driving under the influence of drugs will vary, depending on the drug involved and whether it is a first-time or repeat offense. For a first offense, drug DUI penalties may include:

  • Jail time of one day to six months
  • Revocation of driving privileges for one year
  • Fine of $1,460

For a second offense, penalties may increase to:

  • Minimum 30-day jail sentence
  • Fine of $3,420
  • Mandatory drug counseling

Contact Us Today

If you are facing charges of driving under the influence of drugs, your best course of action is to consult with an experienced DUI lawyer as soon as possible. Contact Scott David Stewart in Surprise, Arizona for outstanding drug DUI defense.