Drug DUI

Overview

Drug-related DUIs can present unique legal challenges and may offer more defense opportunities than alcohol-related DUIs. If you are charged under A.R.S. 28-1381(A)(3), you may have a better chance of prevailing at trial because Arizona law allows certain prescription medications and medical marijuana in your system while driving.

Prescription Drugs and Drug DUI Charges

Many individuals wonder why they are charged with a Drug DUI despite having a valid prescription. Law enforcement officers often follow “policies” and “protocols” when making arrests, and sometimes, even legally prescribed medications can result in charges if impairment is suspected.

To secure a conviction, the State must prove:

1. You were operating or in actual physical control of a vehicle.
2. A drug was present in your system.
3. Even though you had a valid prescription, you did not follow your doctor’s instructions when taking the medication.

One method prosecutors use to argue improper prescription use is by assessing whether the drug concentration in your system exceeded therapeutic levels or if the prescription label explicitly warned against driving while taking the medication.

Therapeutic Range in Drug DUI Cases

A therapeutic range is a medically accepted range of drug concentration in the body for treatment purposes. This range varies for different medications. Over time, individuals develop tolerance to prescribed drugs, requiring higher doses for treatment effectiveness. If your drug levels fall within the therapeutic range, this can support your defense by demonstrating proper prescription use and non-impairment.

Medical Marijuana and Drug DUI Charges

Medical marijuana is legally recognized in Arizona, but legal uncertainties still exist regarding its use and DUI charges. Having a medical marijuana card serves as a defense against a Drug DUI charge. However, there are no legally established therapeutic levels for marijuana, allowing the defense to argue that any detected amount aligns with legal medical use.

One challenge in marijuana-related cases is public perception. Some jurors may have preconceived notions about marijuana use, particularly in courts outside Maricopa and Pima counties. Identifying and addressing biased jurors during voir dire is an important part of trial strategy.

Impairment vs. Drug Presence in DUI Cases

Being charged with A.R.S. 28-1381(A)(1) (Impairment to the Slightest Degree) differs from a Drug DUI under A.R.S. 28-1381(A)(3). The impairment charge requires the State to prove the drug in your system impaired you while driving. Since tolerance plays a key role, long-term prescription users may have significant drug levels without impairment, making this a strong defense strategy.

Prosecutors and Drug DUI Cases

Prosecutors rely on law enforcement testimony and toxicology reports to present their cases. However, cross-examining the State’s expert witness can reveal significant gaps in their argument:

• Experts must acknowledge that therapeutic levels exist.
• Experts must admit that tolerance reduces drug effects over time.
• Experts cannot definitively determine impairment without extensive study of the individual.

Prescription Medication and Hearsay Evidence

Some prosecutors argue that prescription evidence is hearsay and should not be presented in court. However, under Arizona’s rules of evidence, testimony about medical diagnosis and treatment is not hearsay, meaning both patient testimony and prescriptions are admissible.

Accidents and Drug DUI Cases

An accident can make a Drug DUI case more challenging, as jurors often assume impairment when an accident is involved. However, most misdemeanor DUI investigations focus primarily on DUI charges, not accident reconstruction. A strong defense strategy can challenge the officer’s conclusions by highlighting the lack of detailed accident analysis and alternative explanations for the crash.

Legal Defense for Drug DUI Charges

Building a successful defense in a Drug DUI case requires meticulous examination of medical records, prescription history, toxicology reports, and law enforcement procedures. At The R&R Law Group, we specialize in defending individuals facing Drug DUI charges, ensuring a thorough defense strategy tailored to your specific case.