Facing Charges for DUI (Drugs) in Arizona?
Arizona DUI laws stipulate that it is illegal for any person to navigate, drive or be in actual physical control of any vehicle if under the influence of alcohol, drugs, or a combination of both. If you have been arrested for a drug-related DUI in Phoenix, Arizona it is best to contact an Arizona DUI attorney immediately.
Arizona DUI Laws
According to the Arizona Department of Public Safety, Arizona Revised Statutes (ARS) Title 28-1381 (A) (1) prohibits anyone from driving while under the influence of drugs, vapor-releasing substances, toxic substances, or a combination of these substances with the slightest impairment.
ARS Title 28-1381 (A) (3) prohibits driving while there are certain drugs or their, metabolites in your body. These drugs include marijuana, narcotics, and other dangerous drugs. Whether or not you are impaired, you may be charged with a drugged DUI should these drugs register in your body.
ARS Title 13-3401 lists illegal substances and any trace of such drugs in the body could elevate your DUI case. Drugs listed include marijuana, heroin, LSD, hallucinogens, etc.
If you face charges under the Arizona DUI laws, your best course of action is to have a DUI attorney in Arizona who has the expertise and the experience in dealing with such cases. The Snader Law Group in Phoenix, Arizona, specializes in criminal defense cases such as DUIs.
Blood Alcohol Limit Test
The Implied Consent Law is imposed in Arizona. Under this law, all holders of a driver’s license in Arizona allow the State to test for blood alcohol concentration or drug content (BADC) when they are apprehended for driving while under the influence of alcohol or drugs.
Should there be any indication of intoxication or drugged driving, law enforcement officers will call for your submission to a BADC test to calculate the amount of alcohol or drugs in your bloodstream. This BADC test would require blood, breath, urine, or other bodily substance samples.
Drug metabolites will register in a BADC test. Drug metabolites are by-products of the process where the liver breaks down or metabolizes drugs in your system. It can take weeks or months before your body is free from drug metabolites.
If you refuse to undergo the chemical test, this may lead to the suspension of your driver’s license for a year for the first offense and two years for the second or third offense.
Field Sobriety Tests
Another group of tests that an officer can request you to undergo is the Field Sobriety Tests, a group of tests to check if a driver is impaired. The three tasks check out the driver’s balance, coordination, and ability to divide his attention into more than one task.
Penalties for DUI
A first offense conviction of Driving Under the Influence of Drugs could be penalized with the following:
- Jail time of not less than ten days and not more than 180 days in county jail
- A fine of not less than $1800
- Community service
- Undergoing a drug treatment program
- Suspension of driver’s license
Second offenses call for stricter and more extensive penalties. Other aggravating factors that could elevate your DUI case include driving with minors in a vehicle, driving with a suspended license, driving while on probation, injuries, damages, and/or deaths that resulted from impaired driving or reckless driving.
When a charge gets overwhelming, especially for first-time offenders, pleading guilty and getting a lesser sentence sound appealing.
While there are some advantages to admitting guilt, pleading guilty is not ideal especially when we factor in the DUI charge in your permanent record.
A DUI conviction in Arizona can have grave penalties. This is why it is better to plead not guilty from the start so you will have time to hire a good criminal defense lawyer who can evaluate your case and strategize your next steps. If deemed meritorious, you and your lawyer can submit a new plea and enter into plea bargaining at any time before conviction.
Drugged DUI Defenses
The first step in a Driving under the Influence of Drugs case is hiring the right lawyer. It is important to build a solid defense when charged with drugged driving. A good consideration is whether the law enforcer had probable cause or reasonable suspicion to pull you over and if the field sobriety tests and chemical tests were conducted properly. Did the evidence and samples pass through the correct procedure from collection to handling and storage? Is their equipment regularly checked?
Such evaluation can have a great impact on the case. A solid legal representation may negotiate for a lesser charge or a dismissal.
Consulting a Phoenix Criminal Defense Lawyer
A reliable DUI attorney will evaluate the factors and circumstances surrounding your Driving Under the Influence of Drugs case including detention and arrest, assess the case built by the prosecution and provide you with sound advice and legal representation.
Phoenix DUI lawyer Howard Snader has a track record of protecting individuals from incurring the maximum penalties for criminal cases such as DUI charges. If you or someone you know is arrested for DUI in Phoenix, Arizona, contact Snader Law Group immediately at(602) 825-3031 or book a consultation online.