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In the state of Arizona, Driving Under the Influence (DUI) charges can be categorized in several ways, including Basic DUI, Extreme DUI, and Aggravated DUI. “Driving under the influence” accounts for any kind of intoxicated driving, whether from alcohol, drugs, or a combination.

An Aggravated DUI, which carries the harshest punishments in the state, is applicable if a driver commits a DUI while their license is suspended (licenses that have been revoked or cancelled are also included in this), if the driver commits three DUIs within an 84-month time frame, or if the driver has a person under the age of 15 in the vehicle with them at the time of being pulled over.

If you are charged with an Aggravated DUI, you may face up to two years in prison, have your license suspended for a year, be forced to submit to drug screenings and treatment, as well as have community service requirements and harsh fines.

But what about prescription medications? Can you still be charged with a DUI if you have a valid prescription? And what can you expect if you get pulled over?

Let’s take a step back and look at the general laws surrounding drugged driving in Arizona.

Arizona Drugged Driving Laws

Arizona has a strict no-tolerance policy when it comes to drugged driving. This means that intoxication in any form (as previously mentioned) is illegal, whether you’re intoxicated due to alcohol, marijuana, or other forms of drugs – even prescription medications.

If a driver is pulled over under the suspicion of drugged driving, a chemical test can be legally requested by the police. If the driver does not comply with this test, he or she can face up to a one-year license suspension. This is because, in the eyes of the Arizona law, drivers give their consent to these tests the moment they get behind the wheel of their vehicle.

The most challenging part of this process is identifying and proving impairment due to drugs. Most U.S. states use the 0.08 blood-alcohol level to determine impairment from alcohol; however, a mobile devices (such as the breathalyzer for testing alcohol) does not currently exist to test intoxication due to drugs.

As it stands, there are two methods with which this process is conducted: “per se” charges, which rely on chemical tests to determine if there is a drug of some kind in the driver’s system, or by charging the driver with an “impaired DUI.” This means that the driver displayed signs of being intoxicated, which the police officers then witnessed. Because of the circumstantial nature of these charges, some defense teams can attempt to argue that the driver was not under the influence of drugs by providing other causes for the observed symptoms.

Being convicted of a DUI in Arizona can have a variety of consequences depending upon the level of severity and other factors (such as whether or not it’s your first offense, if there are other people in the vehicle with you at the time of arrest, etc.), and these can be harsh with fines in the thousands of dollars.

Prescription Pills and Drugged Driving

But the question still stands: what about prescription drugs? Can you be charged with drugged driving if you have a valid prescription?

Yes and no.

Probably not what you were hoping to hear, right?

As is the case with “per se” DUI laws and impairment DUI laws, it’s all about context. In order for you to be convicted of an impairment DUI or DUI-D when you have a valid prescription, the prosecutor must successfully prove that you were, in fact, impaired/intoxicated (by said drug) at the time you were pulled over.

And “slightly” impaired isn’t going to cut it, either. In most courtrooms, the prosecution needs to prove that you were intoxicated to such an extent that you were no longer able to safely operate your vehicle.

Certain ways in which this can be done is by having the driver submit to a Field Sobriety Test (FST) after being pulled over or through documented observations of the driver’s physical appearance from the arresting officers.

While it is more difficult to identify and prove drugged driving, it is certainly not impossible. There is not a single state in the U.S. that only prosecutes DUIs for people who were under the influence of illegal medications. There are no exclusions for prescription medications. If you are driving while intoxicated, you can legally be pulled over and charged with a DUI – period.

Opioid Abuse in Arizona

Unfortunately, opioid abuse is on the rise in Arizona (and throughout the U.S.) and has been for quite some time. In 2018 alone, there were more than 46,000 deaths due to opioid-induced deaths in the United States. More than 1,100 of these deaths were in the state of Arizona alone.

In a survey done between 2010 and 2011, 6% of Arizona residents above the age of 12 admitted to abusing prescription medication to some degree. There could be a number of reasons for this, including that prescription medications are easier to come by. Officials believe a lot of this addiction can also be attributed to inadequate education (about what happens if prescription drugs are misused), doctors prescribing medications their patients don’t really need, patients giving away (or selling) medicine they’re not using, or, what is known as “doctor shopping.” This is when someone bounces from doctor to doctor, requesting specific prescriptions and then stockpiling the medication.

Opioid usage has risks involved other than putting you at risk for being pulled over under suspicion of drugged driving. For example, the frequent use of opioids – even if you have a valid prescription for the medication – puts you at a much higher risk of developing an addiction to much more dangerous drugs, such as heroin, which can be detrimental to the health and safety of yourself and the people around you.

Prescription drug abuse, in general, comes with a torrent of side effects, from nausea and vomiting to dizziness, depression, low testosterone levels, pain sensitivity – the list goes on.

Fighting a Prescription Drug DUI Charge – What Should You Do?

As obvious as this may sound, it is critical that you find a proper lawyer to help you. Someone who is familiar with Arizona DUI laws as they stand in relation to prescription drug regulations is going to be a major help to you and your case.

A lawyer will be able to provide you with a thorough understanding of your options, possible outcomes, and the next steps. Having a lawyer with you will ensure you’re making educated decisions based on the most current laws and regulations.

Be upfront and honest with your lawyer. If you have a valid prescription, make sure this is clear to your defense team as it will be a critical piece of building your overall defense.