Tucson Drug DUI

Driving Under the Influence of Drugs Defense in Tucson, Arizona

Driving Under the Influence of Drugs arrests are common in Tucson, Arizona.

 Arizona has some of the nation's toughest driving under the influence ("DUI") laws, and some of the nation's toughest drug laws.  What's more, Arizona is the only state in America where any amount of marijuana can be charged as a felony.  Putting these factors together, it is not difficult to imagine that driving under the influence of drugs is dealt with harshly in Arizona.  With high rates of illegal drug use, a nationwide struggle with prescription medications, and medical marijuana, Tucson sees many DUI cases where drivers are suspected of drug use, rather than (or sometimes in addition to) drinking alcohol.

Under Arizona law, the government can convict a person of driving under the influence of drugs in two ways.  First, the government can prove that a person was operating a motor vehicle while impaired to the slightest degree.  In order to establish this, police officers will testify to observing certain "objective symptoms" of impairment, including red, watery eyes, slurred speech, unsteady gait, and poor performance on field sobriety tests.  Additional evidence of impairment could include the odor of marijuana, an admission to recent drug ingestion (including taking medications as prescribed), a passenger's statements, and the presence of drugs or paraphernalia. 

The other way that the government can convict of driving under the influence is by proving that a person operated a motor vehicle while having any amount of a drug or its metabolites in their system.  This applies to illegal drugs like methamphetamine, cocaine, heroin, etc., as well as to prescription medications, and marijuana.  Note that the statute does not require the government to prove any impairment at all to convict a person of driving under the influence.  This section does require the government to have a chemical test, meaning that it might be more difficult if the officer failed to obtain a chemical test result, the results were excluded, or even in the case of a refusal.

The penalties for a first offense drug DUI, a Class 1 Misdemeanor, include up to six months in jail (technically, though such a sentence would be highly unlikely), drug and alcohol treatment (including drug testing), fines in the thousands of dollars, and up to five years of probation, and a one year license suspension.  While the maximum six month jail sentence is almost never imposed for a first offense, there is minimum jail time (ten days, nine of which can be suspended).  Repeat offenders will face harsher penalties, including a minimum of 30 days in jail, and higher fines.

SOME DEFENSES IN DRUG DUI CASES
Defenses to driving under the influence of drugs include:  was not driving/operating a vehicle, not under the influence of a drug, challenging traffic stop, challenging arrest, and more.  In cases where the government needs to prove impairment (because there was no chemical test, or the test was suppressed), strong cross examination of the arresting officer, including a strong understanding of the science of toxicology, and familiarity with the way police testify in DUI cases is key, especially in cases involving drugs.  Arizona police officers are trained in drug recognition, but the training is basic; some officers are certified as Drug Recognition Experts (DRE), but determining drug impairment often takes more knowledge and experience than police can learn in a matter of a few days of instruction.  Your attorney might be able to file motions to get evidence excluded, or your charges dismissed, but most likely your case will either go to trial, or result in a plea deal.

Note that the following are NOT valid defenses in drug DUI cases:  having a valid prescription, just driving a short distance, too impaired to take a chemical test, not having drugs in your possession, or

RELATED ARTICLES: 
Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI

If you or a loved one has been arrested or charged with DUI, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense and DUI Lawyer.  520-585-5757

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DUI Resources:
Pima County Law Library
NHTSA AZ Highway Safety Report
NHTSA Website
ADOT DUI Information
Alcoholics Anonymous

Tucson, AZ DUI Important Links:
Tucson City Court (Misdemeanors In City Limits)
Pima County Justice Court (Misdemeanors)
Pima County Superior Court (Felonies)
AZDPS DUI Enforcement Unit
Tucson Police Department