Phoenix, AZ Prescription Drug DUI Defense Attorney

In Arizona, there are two ways you can be charged with a DUI for prescription medications. Both ways are found in Arizona's DUI statute at ARS 28-1381.

Under ARS 28-1381(A)(1), you can be charged with a DUI if you drive while impaired to any degree by your prescription medications. This subsection prohibits driving while you are under the influence of any drug or alcohol, including legally prescribed medications.



If you drive with any amount of a prescription drug for which you do not have a valid prescription, you can also be charged with a DUI under ARS 1381(A)(3). This is a per se offense, meaning that it will not matter whether you were impaired or not by the drugs in your system. This subsection also prohibits driving with any amount of illegal drugs in your system or active metabolites of marijuana. You can defend against a charge under this subsection by showing you had a valid prescription at the time of your stop and arrest and you were taking your medication as prescribed, however.

Having a Valid Prescription as a DUI Defense

Many people think that presenting a valid prescription will get their DUI charges dismissed. However, this is only true for a DUI charged under ARS 1381(A)(3). Even then, the prescription is an affirmative defense where you have to prove that you were taking your medication as prescribed. A valid prescription is not a defense to an impairment DUI charged under ARS 1381(A)(1).



If your driving was impaired by your prescription medication, you could still be convicted of an impairment DUI. A valid prescription is a defense to a per se offense in which showing impairment is not required since prescribed drugs are not illegal. If you only had legally prescribed drugs in your system, and you can prove that you were taking it as prescribed, the prosecutor should only proceed on the impairment DUI offense under ARS 1381(A)(1).

If you are convicted of driving under the influence of prescription drugs as a first offense, you can face the following penalties:

• Jail from 1 day up to six months
• Up to five years of probation
• Suspension of your driver's license for 90 days with a restricted license available for the final 60 days
• Community service at the judge's discretion
• Ignition interlock device at the judge's discretion for 12 months
• Drug and alcohol assessment and complying with treatment recommendations
• Mandatory traffic survival school
• Possible SR-22 insurance for up to three years
• Fines, assessments, and costs totaling around $2,000

The court is not required to order the installation of an ignition interlock device for DUI convictions based on prescription drugs. However, the court can order you to install an ignition interlock device at the judge's discretion.

If you are convicted of a DUI on prescription drugs when you have had a previous DUI conviction in the last seven years, you will face the following penalties:

• Jail from 90 days (60 of which may be suspended) up to six months
• Up to five years of probation
• Fines, costs, and assessments totaling around $3,500
• Suspension of your driver's license for 12 months
• Ignition interlock device at the judge's discretion
• 30+ hours of community service
• SR-22 insurance for up to three years
• Traffic survival school

For the jail sentence, the final 60 days of the minimum 90-day sentence can be suspended if you complete a drug and alcohol assessment and comply with the treatment recommendations. If home detention is available, the 30 days can be reduced to six days in jail, followed by 24 days on home detention.

If you have to serve 30 days in jail, you can apply for the jail's work-release program after you serve 48 hours in jail. This would allow you to leave the jail each day to go to work for up to 12 hours six days per week.



You will be eligible for a restricted license to drive to work, school, court, or medical appointments after 45 days have passed. If you get a restricted license, you will be required to install an ignition interlock device in your vehicle.

DUI defense lawyer Michael Alarid will examine your case to identify the defenses that might be available to you. One potential defense that might apply could include problems with the vehicle stop. If the officer did not have a reasonable suspicion that you had committed a traffic offense or other crime, your attorney might challenge the stop.

If the court finds that the officer's stop violated the Fourth Amendment, any evidence that was subsequently collected will be inadmissible, leaving the prosecutor with no choice other than to dismiss your case.

Your attorney will also review how the officer and the DRE investigated your case. This might include how any tests were performed. Officers sometimes make mistakes during their investigations that can be used in your defense.

If you are charged with a per se offense but have a valid prescription for the drugs in your system, then you have a viable affirmative defense. If you can show the prosecutor, or the jury at a trial, that you were taking your medication as prescribed, then the prosecutor may dismiss this count or the jury may find you not guilty of this count. This can be done through cross-examination and expert testimony. You may still have to fight the impairment charge.