Prescription Drug DUI Attorney in Phoenix

While there is some debate on this issue, I believe it is a defense under Arizona law.

It can be the case. There are a lot of discussions about this issue in the legal community.

Yes, but these cases should not be charged by the government. Drugs like Ambien sometimes have unintended consequences that were not the result of a voluntary act.

A first offense DUI based upon prescription drug is a Class 1 misdemeanor and the penalties are the same as an alcohol DUI.

Receiving two charges for prescription medication DUI is standard practice.

One charge alleges you were impaired while driving. The other charge claims you have a drug in your system that was either illegal or you did not have valid prescription for its use.

Receiving these two charges does not mean your case was worse than other Arizona prescription cases.

Driving with a prohibited drug in your system, in and of itself, is a violation of Arizona’s DUI laws. This is technically true even if you are not impaired by the drug.

No. In the case of a DUI based upon the consumption of alcohol, Arizona has “per se” laws. For example, it is illegal for a person to drive with an alcohol concentration of .08 (the makes a presumption that a person is impaired at this level). This is not the case when it comes to a prescription drug DUI allegation.

This actually makes a lot of sense as, unlike alcohol, there is no universal level of impairment when it comes to drugs. The way prescription drugs affect the human body is very different than alcohol. Simply put, when it comes to prescription medications, there is no numerical definition of chemical impairment.

Yes. Consider the person who was legally given morphine at a hospital for an injury. They then drive home from the hospital while still impaired by the medication. This is a textbook example of a case that started with legal drug use and then turned into a DUI.

A chemical test cannot determine if you are impaired by THCWe all understand that “prescription” drugs are the medications your doctor have determined you need to treat some medical condition and have given you permission you to use. This is commonly done by giving you a written prescription or by a direct call from the medical provider to your pharmacy. However, in the case of driving under the influence laws, Arizona has given some additional legal meaning what we commonly consider as prescription drugs.

ARS 13-3401(28) provides that a “Prescription-only drug” does not include a dangerous drug or narcotic drug but means:

(a) Any drug which because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.

(b) Any drug that is limited by an approved new drug application under the federal act or section 32-1962 to use under the supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer.

(d) Any drug required by the federal act to bear on its label the legend “

Another way to think about this is, a drug will fall within this legal definition if, the medical community has recognized it is safe when taken as prescribed by a doctor.. The only thing a blood, urine or saliva test can do is show prior use of the drug.