Illegal Drug DUI
Prior Use vs Impairment With Illegal Drugs in Phoenix, AZ
Koplow Law Firm - DUI Lawyer in Phoenix and Scottsdale, AZ
Some Drugs Can’t Be Prescribed. When such drugs are in a driver’s system, their presence alone, is a violation of Arizona’s DUI laws. Unlike Prescription Medication and Medical Marijuana DUI cases, the primary legal issue in illegal drugs DUI cases is usually not impairment – but rather prior use.
Sober DUI Violations
Your doctor can’t give you a prescription to take to the pharmacy to get a bottle of Cocaine, Bath Salts, Ecstasy, Black Tar Heroine, or Spice. These drugs are considered per se illegal. That is, proof them in your blood is in-and-of-itself proof of guilt.
Here is the kicker: If these drugs are found in your system the considers this a DUI violation – even if you are not impaired. That’s right, Arizona makes per se use of an illegal drug the basis for a sober DUI. However, the good news is…that is not the end of the story.
Measurable Amounts in Blood
The fundamental premise of prosecuting a person for a per se violation of having an recreational drug in your system while driving is – the government will be able to detect a measurable amount of the drug in your blood. However, easier said by them then done.
Understand this: Measuring the amount of a drug, in blood, requires the ability to distinguish between signal versus noise. Here, the signal is the data you desire to obtain. However, the instrument produces other information that can be difficult to different from the signal, but has not value. That is noise.
Drug blood testing is performed using a technique called mass spectrometry. There are many reliable forms and instruments that utilize this methodology. Used properly, mass spectrometry can distinguish signal from noise. However, the used properly part is where the problem occurs.
If you are accused of a DUI, based upon having an illegal recreational drug in your system, then the government’s chemical test becomes their end-all-be-all evidence. Thus, shouldn’t you find out if the way they created this evidence, was good enough to distinguish between real evidence and merely noise?
Hiring an Illegal Drug DUI Attorney in Phoenix, AZ
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
For more information, call our office at (602) 560-7837 or visit our contact page.
Hear From the People We’ve Helped
Testimonials and Reviews
At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
"Great trial attorney."
Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.
- Jesse S. -
"Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.- Ryan M.
-
"You cannot go wrong with Lawrence."
Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
- Charity C. -
"No other lawyer knows the science of DUI like Lawrence does."Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!- Greg S.
-
"It was miracle!"
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.
- Joe C. -
"One of the best."Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.- Jack L.
-
"You cannot go wrong with Lawrence."Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.- Charity C.
-
"Nobody knows the court and laws better than him."Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.- David E.
DUI Library
The best DUI defense stuff that only a few know and none want to share. A one of a kind annotated resource for lawyers, people accused, or anyone who wants to see what’s going on in our justice system with DUI cases… and how to fix it.
-
Scottsdale DUI Definitive GuideScottsdale DUI Definitive Guide
-
The Definitive Guide to Defeating an Arizona DUIThe Definitive Guide to Defeating an Arizona DUI
-
Field Sobriety Tests in Arizona DUI CasesField Sobriety Tests in Arizona DUI Cases
-
Traffic Stops in Arizona DUI CasesTraffic Stops in Arizona DUI Cases
-
Warrantless Blood Draws in Arizona DUI CasesWarrantless Blood Draws in Arizona DUI Cases
-
Right to Counsel in Arizona DUI CasesRight to Counsel in Arizona DUI Cases
-
Failure to Preserve EvidenceFailure to Preserve Evidence
