Drug Arrests / DWI
According to Arizona law, driving under the influence of drugs or their metabolites is considered a Class 1 misdemeanor. This law makes it a crime for a driver to have any illegal or non-prescribed drug in their system while operating a vehicle. As stated in A.R.S. §28-1381(A)(3), it is against the law for an individual to:
If a substance listed in A.R.S. §13-3401 or its byproduct is found in the individual's body.
The term "metabolite" refers to the residue of the initial drug that is left behind once it has been metabolized by the body. This byproduct is typically inactive and does not have any effect as the original drug.
Legal Pursuit of Cases Involving DUI Drugs or Metabolites
The State is only required to demonstrate that the driver has an unlawful or non-prescribed drug in their system. It should be noted that having a valid prescription for the specific drug can be used as a complete defense against prosecution in this situation. Additionally, there is no need for the State to prove impairment. Impairment is only relevant in a §28-1381(A)(1) case for DUI Impairment to the Slightest Degree. The reason for making drugs and their byproducts illegal without impairment is that it is unlawful for an individual to possess or use any quantity of an unlawful or non-prescribed prescription drug. Therefore, it is clearly against the law to operate a vehicle with any amount of such substances in one's system.
Consequences of Driving Under the Influence of Drugs
Initial Violation
In Arizona, individuals who are convicted of a first-time misdemeanor DUI involving drugs or metabolites may face imprisonment. The law mandates a 1-day jail sentence and requires enrollment in drug counseling. The total cost for fines, fees, and assessments is estimated to be around $2000, in addition to a 90-day suspension of their driver's license. However, in cases of DUI drugs or metabolites, neither the court nor the department of motor vehicles will require the installation of an ignition interlock device in the offender's vehicle.
Subsequent Violation
A person who is convicted of a second misdemeanor for DUI involving drugs or metabolites will face more severe consequences compared to a first-time offense. These penalties may include a 30-day jail sentence and mandatory substance abuse counseling. However, after spending 6 days in jail, the individual may be able to serve the remainder of their sentence through home detention. Additionally, the State may impose fines, fees, surcharges, and assessments amounting to approximately $3000, and there is a risk of losing their driver's license for up to 1 year.
Select Huss Law as your legal representative for DUI cases.
A person's life can be greatly affected if they are convicted of misdemeanor DUI drugs or metabolite in Arizona. It is crucial to seek the advice of an attorney who is well-versed in the complexities and concerns of DUI drug or metabolite cases. The legal team at Huss Law has vast experience in handling criminal cases in Arizona, particularly those related to DUI drugs or metabolite. Contact Huss Law now for a complimentary consultation!