Drug DUI & DWI in Arizona

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.

The Drug DUI/DWI Statute in Arizona

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.: 

  1. 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.
  2. 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.

Establishing Drug DUI/DWI Impairment:

Proving Drug DUI/DWI impairment typically involves a combination of evidence, including:

  1. Observations by Law Enforcement: Officers may rely on their observations of driving behavior, physical appearance, performance on field sobriety tests, and other indicators of impairment to establish probable cause for a DUI arrest.
  2. Blood or Urine Testing: If an officer suspects impairment, they may request a blood or urine test to detect the presence of drugs, marijuana, and metabolites.. However, it’s important to note that the presence of such does not necessarily indicate recent  use or impairment at the time of driving. Substances consumed can remain in the body for an extended period, sometimes even days or weeks after use.

Defending Against Drug DUI/DWI

When facing a Felony DUI charge, several defenses can be pursued to challenge the prosecution’s case. Some common defenses include:

  • Challenging BAC testing accuracy: The accuracy of blood, breath, or urine tests used to determine BAC levels can be challenged based on issues with calibration, handling of samples, or procedural errors.
  • Questioning the legality of the stop: If law enforcement lacked reasonable suspicion or probable cause to initiate the traffic stop, the legality of the stop itself can be challenged.
  • Disputing field sobriety tests: Field sobriety tests are subjective and can be influenced by various factors. Challenging the administration or interpretation of these tests can weaken the prosecution’s case.

How We Do It

  1. Conducting a comprehensive review and analysis of your case’s facts
  2. Contesting the evidence presented by the prosecution
  3. Identifying weaknesses in the State’s case
  4. Negotiating with the State for reduced charges or alternative sentencing options

Contact Us Today

At Tamou Law Group PLLC, we understand the stress and uncertainty that comes with facing DUI and traffic offense charges. Our experienced attorneys will guide you through the legal process and vigorously defend your rights. If you or a loved one has been charged with a Drug DUI & DWI or traffic offense in Arizona, contact us today at 623-321-4699 for a free consultation.