Arizona Drug DUI Lawyers
Charged with drug DUI in Arizona? Under A.R.S. § 28-1381 you can be charged for driving impaired by any drug, including marijuana and prescription medication, or simply for having a drug or its impairing metabolite in your body. A blood test, not a breath test, drives these cases, and a positive result does not mean a conviction. Do not talk to police before you call us.
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What Is a Drug DUI in Arizona?
Quick answer: Arizona charges drug DUI two ways under A.R.S. § 28-1381: (A)(1) driving while impaired to the slightest degree by any drug, and (A)(3) driving with any proscribed drug or its impairing metabolite in your body, even without proof of impairment. It covers illegal drugs, marijuana, and prescription medication. A drug DUI is a Class 1 misdemeanor with the same penalties as an alcohol DUI. The strongest defenses are a valid prescription, the presence of only an inactive (non-impairing) metabolite, and challenges to the blood test and the drug-recognition evaluation.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending drug DUI and other DUI cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is a Drug DUI in Arizona?
- What is a drug DUI in Arizona?
- What factors can change a drug DUI first offense in Arizona?
- Can a drug DUI be pleaded down in Arizona?
- How to get the result of a drug blood test from a DUI in Arizona?
- Is Valium a drug tested for in a DUI in Arizona?
- What are the penalties for a drug DUI in Arizona?
- Impairment vs. Metabolite
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with drug DUI in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-1381(A)(3), the penalties, and the defenses that matter most.
What is a drug DUI in Arizona?
A drug DUI under A.R.S. § 28-1381 is driving while impaired to the slightest degree by any drug, or driving with a proscribed drug or its impairing metabolite in your body. It covers illegal drugs, marijuana, and prescription medication, and is a Class 1 misdemeanor with the same penalties as an alcohol DUI. There is no breath test for drugs, so these cases rest on a blood draw and often a drug-recognition officer’s opinion.
Awards & Recognition
Our recognition for Phoenix DUI defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix DUI lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
What factors can change a drug DUI first offense in Arizona?
Several factors can change the outcome of a first drug DUI. Whether the blood shows an active, impairing compound or only an inactive metabolite, whether you had a valid prescription, whether the stop and blood draw were lawful, and whether a drug-recognition evaluation actually supports impairment can each move a case from conviction toward reduction or dismissal. Your level, any priors, and whether there was an accident or a refusal also affect the penalties you face.
Can a drug DUI be pleaded down in Arizona?
Often, yes. Weaknesses such as an inactive metabolite, a valid prescription, an unlawful stop, chain-of-custody problems, or a flawed drug-recognition evaluation give your lawyer leverage to negotiate a reduction or even a dismissal. Where the evidence is stronger, a drug DUI can sometimes still be pleaded down to a lesser charge or resolved with reduced jail, but the result depends on the specific facts.
How to get the result of a drug blood test from a DUI in Arizona?
The blood results are part of the State’s evidence, and your attorney obtains them through the formal discovery process, along with the lab’s notes, calibration records, and chain-of-custody documentation. You generally should not try to collect them yourself; your lawyer can demand the complete file and have an independent toxicologist review it. Getting that full record is often where the defense begins.
Is Valium a drug tested for in a DUI in Arizona?
Yes. Valium (diazepam) is a benzodiazepine, and Arizona’s blood testing can detect it and its metabolites. You can be charged under the “drug in body” theory for having it in your system, but if it was lawfully prescribed and used as directed, that is a defense to the (A)(3) charge, though not to actually driving while impaired by it.
What are the penalties for a drug DUI in Arizona?
A first drug DUI is a Class 1 misdemeanor carrying a mandatory minimum of 10 days in jail, often reduced to one day with screening, plus fines, a certified ignition interlock, license suspension, and drug screening. A second within 84 months jumps to 90 days in jail and a one-year license revocation. A third in 84 months, or one on a suspended license or with a child under 15, becomes an aggravated felony DUI with prison exposure.
Impairment vs. Metabolite
How the State charges your drug DUI determines what it must prove, and which defense wins.
| Theory | Statute | What the State Must Prove | Key Defense |
|---|---|---|---|
| Impairment | 28-1381(A)(1) | A drug actually impaired your driving to the slightest degree | No actual impairment; alternative explanations |
| Drug in body | 28-1381(A)(3) | A proscribed drug or its impairing metabolite was in your body | Valid prescription; inactive metabolite only |
A drug DUI can escalate to an aggravated (felony) DUI or, in a fatal crash, to DUI causing death.
What the State Must Prove for Drug DUI
To convict you of Drug DUI under A.R.S. § 28-1381(A)(3), the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Driving or actual physical control. You were driving or in actual physical control of a vehicle.
- 2In Arizona, on a road or area open to the public. Arizona’s DUI laws applied to where you were.
- 3Impairment or a drug in your body. Either the drug impaired you to the slightest degree (A)(1), or a proscribed drug or its impairing metabolite was present (A)(3).
- 4A qualifying, impairing substance. For (A)(3), the substance must be a drug listed in § 13-3401 or an impairing metabolite, not merely an inactive one, and not a lawfully prescribed drug used as directed.
Examples of Conduct Charged as Drug DUI
- Driving after using marijuana, with THC detected in a blood test
- Driving while impaired by a prescription medication such as Ambien or an opioid
- A blood test showing an illegal drug or an impairing metabolite
- A drug-recognition officer alleging impairment with no chemical confirmation
What Sentence Could You Actually Face?
A drug DUI carries the same penalties as an alcohol DUI, mandatory jail, fines, interlock, and license loss, and escalates to a felony as a repeat or aggravated offense.
Misd.
First Drug DUI
Misd.
Second Drug DUI
Felony
Aggravated Drug DUI
⚠ A Positive Test Is Not a Conviction
A first drug DUI’s 10-day jail term can often be reduced to a single day with screening, but only if you are convicted. The presence of a drug, especially an inactive metabolite or a lawful prescription, frequently does not meet Arizona’s legal standard, which is why these cases should be fought before any plea.
Arizona DUI Penalty Estimator
Want the full out-of-pocket cost (insurance, interlock, attorney)? Try the Arizona DUI Cost Calculator.
How We Fight Arizona Drug DUI Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Charge Itself
Inactive Metabolite Only. Under Arizona Supreme Court law, the mere presence of an inactive metabolite (such as carboxy-THC) cannot sustain an (A)(3) drug DUI. Only an impairing compound counts.
Valid Prescription. A drug lawfully prescribed to you is a statutory defense to the “drug in body” charge, so long as you were not actually impaired.
No Actual Impairment. For an (A)(1) charge, the State must prove the drug actually impaired your driving to the slightest degree, presence alone is not enough.
Use Days Earlier. Marijuana and other drugs linger in the body long after any effect ends. A positive test can reflect lawful, sober use days before the stop.
Attacking the Evidence
No Reasonable Suspicion or Probable Cause. If the stop or arrest was unlawful, the blood evidence can be suppressed and the case can collapse.
Blood-Draw & Chain-of-Custody Problems. An improper draw, unqualified collector, fermentation, contamination, or a broken chain of custody can render the blood result inadmissible.
Flawed DRE Evaluation. The 12-step drug-recognition protocol is subjective and often performed incorrectly. We expose the gaps between the officer’s conclusions and the science.
Unreliable Quantification. There is no established “impairing level” for most drugs the way there is for alcohol, so the State’s numbers rarely prove impairment at the wheel.
Medical & Alternative Explanations. Fatigue, illness, and medical conditions can mimic the “signs” police attribute to drugs.
The Experts We Bring to DUI Cases
A DUI is a science case. We bring the specialists who take the State’s numbers apart, click any to see how.
Forensic Toxicologists
BAC & Absorption
Independently review the blood and breath results, the absorption curve, and whether the alleged number reflects your true level at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the machine’s calibration and maintenance logs and the 15-minute observation, exposing mouth alcohol, radio interference, and operator error that inflate readings.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, fermentation risk, lab protocol, and reported uncertainty, where applying the margin of error can drop the reading below the threshold.
Medical Experts
GERD, Diabetes & Diet
Explain how acid reflux, diabetes, and low-carb diets can push a breath reading upward, independent of how much alcohol was actually consumed.
Field Sobriety Experts
NHTSA Protocol
Evaluate whether the standardized field sobriety tests were administered and scored correctly, and whether the “clues” really show impairment.
Records & Discovery Specialists
Maintenance & Logs
Pull the full calibration history, repair records, and the discovery the State would rather not produce, the paper trail that often reveals an unreliable machine.
Recent Drug DUI Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles drug DUI cases across Arizona.
Marijuana DUI, Inactive Metabolite Only
Charges Dismissed
The blood test showed only inactive carboxy-THC. Because an inactive metabolite alone cannot sustain a drug DUI under Arizona law, the case was dismissed.
Prescription Medication DUI
Charges Dismissed
Our client held a valid prescription for the medication detected. We raised the statutory prescription defense and the ‘drug in body’ charge was dropped.
Drug DUI, Faulty DRE
Reduced Charge
By exposing errors in the drug-recognition evaluation and the absence of impairment evidence, we secured a reduced, non-DUI resolution.
Marijuana DUI, No Impairment
Charges Dismissed
With only past use and no proof of impairment at the wheel, the State could not meet its burden and dismissed.
Prescription Drug DUI
Charges Dismissed
Our client’s valid prescription defeated the ‘drug in body’ charge.
Drug DUI, Blood Chain-of-Custody
Charges Dismissed
Gaps in the blood chain of custody made the result inadmissible, ending the case.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best drug DUI lawyer in Arizona, lawyers who handle marijuana DUI charges, or Phoenix drug DUI defense and a Scottsdale marijuana DUI attorney. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend drug DUI and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona dui charges practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Drug DUI FAQs
Quick answers to the questions we hear most about drug DUI charges, penalties, and defenses in Arizona.
What is a drug DUI in Arizona?
A drug DUI (A.R.S. 28-1381) is driving while impaired by any drug, or driving with a proscribed drug or its impairing metabolite in your body. It covers illegal drugs, marijuana, and prescription medication, and is a Class 1 misdemeanor with the same penalties as an alcohol DUI.
Can I get a DUI from prescription medication?
Yes. If a prescription medication impairs your driving to the slightest degree, you can be charged under A.R.S. 28-1381(A)(1). However, a valid prescription is a defense to the separate (A)(3) ‘drug in body’ charge, as long as you were not actually impaired.
Can I be charged with marijuana DUI if it is legal now?
Yes. Recreational marijuana is legal to possess under Prop 207, but driving impaired by it is still a crime. Because THC lingers in the body for days, a positive test rarely proves you were impaired at the time of driving. See our marijuana DUI page.
Does a positive drug test mean I will be convicted?
No. The presence of a drug is not the same as impairment, and under Arizona law an inactive metabolite alone cannot sustain a ‘drug in body’ charge. The blood test, the DRE evaluation, and the timing are all challengeable.
What is the inactive metabolite defense?
Arizona’s appellate courts have held that the mere presence of an inactive metabolite, such as carboxy-THC from marijuana, which cannot cause impairment, cannot sustain an (A)(3) drug DUI. What is actually in your blood, and whether it can impair, is decisive.
Is there a breath test for drugs?
No. There is no breathalyzer for drugs. The State relies on a blood test and the opinion of a Drug Recognition Expert (DRE), both of which are far more vulnerable to challenge than a breath alcohol reading.
How much jail time does a drug DUI carry?
A first drug DUI carries a mandatory minimum of 10 days in jail, often reduced to one day with screening, plus fines, interlock, and license suspension. A second within 84 months jumps to 90 days, and aggravated drug DUIs are felonies with prison exposure.
What is a DRE and can it be challenged?
A Drug Recognition Expert is a police officer trained in a 12-step protocol to opine that a driver is impaired by drugs. It is subjective and frequently performed incorrectly, and our experts regularly expose the gap between the officer’s conclusions and the science.
Will I lose my license for a drug DUI?
Yes. A drug DUI brings a license suspension and a certified ignition interlock requirement, plus a separate MVD action with a short deadline to request a hearing. We address both the criminal case and the license.
Should I talk to the police about what I took?
No. Provide your basic documents, then politely decline to answer questions and ask for a lawyer. Statements about drugs or medication are exactly what the State uses to prove a drug DUI.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Drug DUI (A.R.S. § 28-1381) covers illegal drugs, marijuana, and prescription medication.
- There are two theories: (A)(1) actual impairment, and (A)(3) any drug or its impairing metabolite in your body.
- Under Arizona Supreme Court law, an inactive metabolite (such as carboxy-THC) alone cannot sustain an (A)(3) charge, only an impairing compound counts.
- A valid prescription is a defense to the (A)(3) “drug in body” charge, though not to actual impairment.
- There is no breath test for drugs, the case rests on a blood draw and often a Drug Recognition Expert (DRE) evaluation, both challengeable.
- Recreational marijuana is legal to possess under Prop 207, but driving impaired by it is still a crime. See our Arizona marijuana DUI page.
- A drug DUI is a misdemeanor, but a 3rd in 84 months, a suspended license, or a child under 15 makes it an aggravated felony DUI.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.