Arizona DUI- Driving Under the Influence of Drugs

Many people are unaware that you can still receive a DUI if you are not under the influence of alcohol. As your local Phoenix criminal Attorney I am here to advise you that this is possible. Pursuant to A.R.S. §28-1381 (A)(3), it is illegal to operate a motor vehicle with a metabolite of illegal or illicit drugs in a person’s body. Illegal refers to the drugs which we are all familiar with (marijuana, cocaine, speed, etc.) that are usually illegal for everyone to possess and/or use. An illicit drug is a prescribed drug (Vicodin, oxycodone, etc.) that is possessed by somebody who does not have a valid prescription to consume or possess those drugs.

Under this statute, it is not required that you are impaired by the drug while operating a motor vehicle and it is a “strict liability” crime to merely have those metabolites in your system. This means that you could have smoked marijuana thirty (30) days prior to driving, or ingested some other substance and still be pulled over and cited for a DUI. However, the police officer still needs to have reasonable suspicion and probable cause in order to pull you over or force you to provide a blood, breath or urine test.

The DUI charge, by itself, does not require a breath reading. An officer obtains his reasonable suspicion or probable cause for a traffic stop through the driving patterns you display. Signs such as swerving, speed fluctuation (inconsistent speed), braking too early or late, and the obvious, speeding, are all sufficient reasons for an officer to pull you over for suspicion of driving impaired.   It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.

Arizona is a no tolerance state, therefore, the word leniency does not exist here. If you have a prescription for drugs that could cause impairment, or if you are a frequent user of Marijuana I highly urge you to not drive if you are under the influence of any of the above mentioned drugs as this could lead to a DUI.