Are Punishments Different for Prescription Drug vs Alcohol DUIs?

According to statute ARS 28-1381, it is prohibited to drive or be in control of a vehicle while impaired by alcohol, drugs, a vapor-releasing substance, toxic substances or a combination of any of these. While prescription drugs and alcohol DUIs are treated with the same severity by the law, proving impairment is actually much different.

As part of the National Highway Traffic Safety Administration’s (NHTSA) standardized field sobriety tests, a blood alcohol content (BAC) test is used to capture alcohol levels in the bloodstream. If a driver’s BAC levels are 0.08 or more, they will automatically be arrested and charged with a DUI.

Arizona is a zero-tolerance state — meaning an officer can arrest a driver if they suspect the driver is intoxicated, even if the driver’s BAC levels are below the legal level (0.08).

The means by which law enforcement determines prescription drug-related impairment has not yet been standardized by the NHTSA due to the unreliability and inconsistencies of testing and assessment methods.

The length of time drug tests show positive results varies greatly depending on the drug. On the short end of the spectrum are drugs like cocaine or opioids, that may only appear in blood or urine tests for two or three days after use. Marijuana is on the longer end of the spectrum, where urine tests can identify use within a month and hair tests up to three months.

A person who hasn’t used a drug for days or weeks and is completely sober when they’re pulled over might still test positive, leading to wrongful charges and convictions.

Instead of relying solely on saliva, urine or blood tests, potential prescription drugs impairments are identified by a Drug Recognition Expert (DRE) law enforcement officer who has gone through the drug recognition program. This program is designed to educate law enforcement officers about the signs and symptoms of prescription drug use and how to determine if someone may be under the influence.

Research about the accuracy of these tests has primarily been performed by law enforcement advocacy groups and lobbyists for the drug recognition program. As such, there are significant questions about the efficacy of DRE assessments. These legitimate concerns may be used to call into question the fairness and justification for arrests and prosecutions. 

What Drugs are Considered Prohibited While Driving?

It is prohibited under statute ARS 13-3401 to operate a vehicle while any of the following drugs or their metabolites are in the body:

• Prescription drugs
• Narcotics
• Dangerous drugs
• Marijuana

What If You Have a Valid Prescription?

If you are charged with an impairment DUI for a drug that you have a valid prescription for, you can defend the charge if you can prove the drug was prescribed at the time of the incident. However, this doesn’t mean you can get out of a DUI charge if you were driving while under the influence of a narcotic pain killer. Even if you can confirm that you were taking your medication as prescribed, it is not a defense against a DUI charged under ARS 1381(A)(1).

What Are the Penalties of a Prescription Drugs DUI in Arizona?

Penalties of a first offense prescription drugs DUI may include:

• Fines totaling around $2,000
• One day to six months of jail time
• 90-day driver’s license suspension
• Up to five years of probation
• Ignition interlock device (12-month requirement)
• Traffic school and community service

Penalties of a second or subsequent prescription drugs DUI may include:

• Fines totaling around $3,500
• 90 days to six months of jail time
• One-year driver’s license suspension
• Up to five years of probation
• Ignition interlock device
• Traffic school and 30+ hours of community service

Some of these penalties may be at the judge’s discretion. A judge’s verdict can vary on a case-by-case basis, making it even more important to hire an experienced prescription drug DUI attorney who can help formulate an effective defense and hopefully minimize a DUI’s impact on your future.

What Signs Do Officers Use to Determine if a Driver Could Be Under the Influence?

Law enforcement officers can pull over any driver if they display signs of impairment or intoxication including:

• Swerving and weaving across the road
• Tailgating
• Failure to adhere to traffic signs and signals
• Erratic braking
• Driving anywhere other than a designated road
• Rapid acceleration or deceleration

Can You Refuse a BAC or Breathalyzer Test if You Are Pulled Over?

If you are pulled over for reckless or unsafe driving and an officer asks you to take a BAC or breathalyzer test, you can refuse. However, there may be consequences. If you refuse the portable roadside breathalyzer, the consequence may be that you are arrested on the spot. If you refuse the BAC after you are arrested, even if you are sober when you refuse to submit a urine, breathalyzer or blood sample, you may face a license suspension for 12 months.  

Arizona has an “implied consent” law (ARS 28-1321) that applies to anyone who drives a car, truck, SUV or motorcycle in Arizona. Simply by operating a vehicle you tacitly agree to comply with the state’s regulations for drugs and alcohol testing. Failure to adhere to that agreement will result in consequences.

DUI Defense Lawyers and Legal Services in Arizona

A DUI conviction is a serious legal matter. People charged with a DUI of any kind may benefit from expert guidance. DUI defense attorney Michael Alarid is one of only five Arizona criminal defense lawyers board certified through the National College for DUI Defense (NCDD). He is well-versed in handling all types of prescription drugs and alcohol DUI cases, from first-time DUIs to felony DUIs.

Schedule a consultation by calling 602.818.3110.