If you are facing a Drug DUI/DWI charge, we understand the seriousness of the situation and the potential consequences you may be facing. Our experienced attorneys are here to provide you with comprehensive legal guidance and a robust defense strategy tailored to your specific case. Let’s delve into the details of Drug DUI/DWI , the relevant statutes, potential consequences, defenses, and how Tamou Law can assist you.
A Drug DUI/DWI offense in Arizona occurs when an individual is charged with operating a vehicle while under the influence of drugs, impairing their ability to drive safely. These offenses involve driving while impaired by illegal drugs, prescription medications, or other controlled substances.
Drug DUI/DWI offenses in Arizona are governed by Arizona Revised Statutes (A.R.S.) §28-1381(A)(3). Let’s break down the key elements of the statute:
The Statute states that it is unlawful for a person to drive or be in actual physical control of a vehicle….”while there is any drug defined in 13-401 or its metabolite in the person’s body…”
Now lets break down 13-401 even more to understand what that means.:
- Drug: According to A.R.S. §13-3401(4), The definition includes both legal and illegal drugs. It encompasses a wide range of substances, such as prescription medications, over-the-counter drugs, controlled substances, and illicit drugs like marijuana, cocaine, heroin, and methamphetamine.
- Metabolite: Under A.R.S. §13-3401(15), a metabolite is defined as any substance that is formed by the metabolic process of a drug in the body. When drugs are consumed, they are broken down by the body into different substances known as metabolites. These metabolites can remain in the body for varying periods after drug use. In the context of DUI cases, testing for metabolites, such as THC-COOH for marijuana, can be used to indicate prior drug use but may not necessarily demonstrate impairment at the time of driving.
Unlike alcohol DUIs that rely on a specific blood alcohol concentration (BAC) threshold, determining marijuana impairment is more complex. Arizona law does not specify a specific threshold for marijuana metabolites. Instead, prosecutors must establish that the driver was impaired by the drug to the slightest degree.