Driving Under the Influence of Drugs in Tucson

When most people think about DUIs, they think of alcohol. And although driving under the influence of alcohol is the most talked about, there’s another type of DUI drivers should be aware of: drug DUIs, also known as drugged driving. Drug DUIs are one of the most common Tucson drug crimes and, along with alcohol DUIs, can carry stiff criminal penalties.

If you’ve been charged with driving under the influence of drugs in Tucson, you need an experienced criminal defense attorney on your side. Find out everything you need to know about fighting an Arizona drug DUI charge from Lerner and Rowe Law Group.

What Is a Drug DUI in Tucson?

It’s well-known that Arizona has some of the harshest DUI laws in the country, and that includes Tucson drug crimes. There are three very important statutes that address drugs and driving:

• Arizona Revised Statutes (A.R.S.) §28-1381(A)(1) states that it is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs, or vapor releasing substances if the person is impaired to the slightest degree. 
• A.R.S. § 28-1381(A)(3) specifies that detectable metabolites (traces of the drug leftover after being broken down by the liver) can be grounds for a drug DUI arrest and subsequent conviction.
• A.R.S. §13-3401 establishes an extensive list of known intoxicating drugs, including marijuana, hallucinogens, depressants, narcotics, stimulants, and any prescription drug not prescribed to you..

Understanding these statutes is crucial. They uphold the notion that a driver can be arrested for DUI even under the following circumstances:

• You were under the influence of a prescribed medication, but the arresting officer had reason to believe the drug was impairing your ability to drive.
• Whether or not you were impaired at the time of the arrest may be irrelevant if metabolites are present while you were operating a motor vehicle. This means you could be penalized for ingesting a drug such that is no longer affecting you but whose traces or metabolites may still be detectable in your body weeks after ingesting it.

Will I Go to Jail for a Tucson Drug DUI?

Tucson drug crimes can carry severe consequences, but with the help of a qualified DUI defense lawyer, you may be able to avoid jail time.

For a first-time drugged driving DUI offense, the penalties are the same as a first-time drunk driving charge. As a class 1 misdemeanor, you could face:

• Anywhere from ten days* to six months in jail
• 90 suspension of driving privileges
• Up to $2,500 in court fines
• Up to five years probation
• Drug screening and treatment
• Requirement to attend Traffic Survival School (TSS)
• Possibility of being required to install an ignition interlock device. 

*Up to nine days of your sentence may be suspended by completing a drug treatment program, probation, and paying court fines.

*Up to 60 days of your sentence may be suspended by completing a drug treatment program, probation, and paying court fines.

Tucson drug crimes may be increased to an aggravated DUI depending on the following factors:

• You are convicted of drugged driving while your license is revoked (class 4 felony)
• You are convicted of a third drug DUI within 84 months (class 4 felony)
• You are convicted of any DUI while legally required to have an ignition interlock device installed (class 4 felony)
• You are convicted of a drug DUI while transporting a child who is fifteen years old or younger (class 6 felony)

An aggravated DUI is a felony in Arizona and can result in the following penalties:

• For a class 4 felony DUI, anywhere from four months up to 3.75 years in prison
• For a class 6 felony DUI, anywhere from the mandatory minimum misdemeanor DUI penalties up to two years in prison.
• Revocation of your driving privileges for one year
• Loss of voting privileges, right to bear arms, and voting rights
• Thousands of dollars in court fines and fees

What Should I Do If I’ve Been Arrested for Tucson Drug Crimes?

Tucson drug crimes including drug DUIs should be taken very seriously. If you’ve been arrested or charged with a DUI, it’s important to contact a criminal defense attorney right away. At Lerner and Rowe Law Group, our lawyers are available around the clock to assist you. Call us at 520-620-6200 to get the legal counsel you need 24/7.

Our law firm also offers free and confidential consultations to help you understand the charges against you and what you can do to have them reduced, dismissed, or discharged. We can also help with restoration of civil rights, sentence mitigation, and more. 

Contact us today at the number above, chat with an online representative, or send us a message using our secure contact form.