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First Time Drug-Related DUI Penalties

Drunk driving isn’t the only way that you can get a DUI in Arizona, you can also be charged with a DUI if you are found to be driving under the influence of drugs.  There is no requirement that you have a particular level of drugs in your blood or that you even be impaired by those drugs.  Arizona is so strict on use of the statutorily listed drugs while driving, even if you’re not impaired by the drug, if the chemical test shows that you have the drug or its metabolite in your system, you get a DUI. This charge merely requires that you have the drug or its metabolite in your system.  The State does not have to prove that the drug(s) impaired your driving.

It is a complete defense to a DUI charge if you are using one of the statutorily listed drugs as prescribed by your doctor.  These drugs are listed in Arizona Revised Statutes § 13 – 3401.  The list is long and includes illegal drugs and prescription drugs and, in some cases, the drug’s metabolite.

The penalties for a first time drug-related DUI include:

  • one or more days in jail
  • fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more
  • revocation of your driver’s license for at least one (1) year
  • use of an interlock ignition device for up to 12 months
  • substance abuse screening followed by the recommended counseling
  • attend a Mothers Against Drunk Driving Victim Impact Panel
  • probation for up to five years
  • attend traffic survival school because you have attained eight points on your driver’s record statutorily
  • may be ordered by court to perform community restitution

The Legal Jargon: Arizona Revised Statutes § 28 1381.A.3.  For a complete list of the drugs, see Arizona Revised Statutes § 13 – 3401.

If you or a loved one have been charged with a misdemeanor or felony DUI, it is important to have an experienced DUI attorney on your side.  At Oracle Law Group Office, P.C., we have veteran DUI attorneys who want to handle your case and guide you through this difficult time.  If you or a loved one has been charged with a DUI, every day counts.  Contact us today to schedule a free consultation.  At Oracle Law Group Office, we listen, we care, and we want to help.


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