Watch this video of David Michael Cantor explain what to do if you have been stopped for a DUI with Drugs in Arizona:
When law enforcement personnel suspect someone of driving under the influence of alcohol or drugs, they will generally stop them and investigate further to determine their sobriety. While you might know that police usually test someone for alcohol impairment through breath tests, you might wonder how the police test for the presence of drugs. Law enforcement officers will usually look for visual signs of impairment, question the suspect and then order a blood test.
Depending on the type of drug, some substances can remain in your system for weeks after use. If you test positive for any drugs, you could be charged with a DUI of drugs or controlled substances. Do you need to speak with a DUI lawyer immediately? Call our 24 hour emergency DUI line at (602) 560-4004.
A.R.S. 28-1381 states that it is a violation of the law to be in physical control of a vehicle while under the influence any drug, no matter the amount. Common examples of drugs include marijuana, cocaine, heroin, oxycodone, methamphetamine and ecstasy. Prescription drugs can also cause you to be charged with a DUI, if you are impaired while driving, with that drug in your system. If you take expired prescriptions, chances are high that you would be charged for DUI, especially if the prescription is not in your name.
Since 2010, the state of Arizona has recognized Medical Marijuana, but it doesn’t preclude the state from filing DUI charges against you if you are impaired.
Arizona can decide to prosecute offenders who commit DUI with drugs either as a misdemeanor or a felony. If there are drugs or paraphernalia in the vehicle or on your person, you could face more charges. Other common names for a Drug DUI in Arizona are: Weed DUI, Pot DUI, THC DUI, and Metabolite DUI.
According to ARS 13-707, a DUI first offense is usually classified as a Class 1 misdemeanor and could receive a presumptive or standard sentence of a minimum fine of $1,250 and/or a maximum of six months in custody. The minimum, mandatory jail time is 10 days unless the offender completes substance-abuse treatment at which time all but one of those jail days will be suspended. Someone convicted may need to complete community service and install an ignition interlock device on their vehicle for one year. If you are convicted of a second offense, you could be charged with a second offense DUI which will increase the mandatory minimum amount of jail time and significantly increase the fines.
When determining penalties for second offenses, Arizona includes DUI convictions in other states. Enhanced punishments include at least 90 days in jail, and defendants must serve at least 30 days consecutively. This sentence can be suspended upon completion of an acceptable drug-treatment program. They must pay at least a $3,000 fine, and their driver’s license will be revoked for one year during which they must also install an ignition interlock device on their vehicle.
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