How is an Arizona Drug DUI Different From an Alcohol DUI?

DUI in Arizona

Most of the time when people hear the term “DUI” they think of it interchangeably with “drunk driving.” Driving under the influence of drugs can get you into as much trouble as driving under the influence of alcohol, but how does Arizona law treat a drug-related DUI compared to an alcohol-related one?

Arizona is a “zero tolerance” state when it comes to drugged driving DUIs. What this means is that unlike alcohol-related DUIs that are based on your blood alcohol concentration (BAC)—like extreme DUIs and super extreme DUIs—a drug DUI only requires the presence of a drug in your system, even in residual metabolite form.

At the Rosenstein Law Group, our DUI defense attorneys represent clients charged with drug DUIs, including prescription drug DUIs. If you are facing any kind of DUI charge in Scottsdale, Maricopa County, or anywhere else in Arizona, call us at (480) 248-7666. In a free initial consultation, we can help you understand the charge against you and discuss possible defense strategies.

How Serious a Problem is Drugged Driving in Arizona?

According to information from the National Highway Transportation Safety Administration (NHTSA) , the Centers for Disease Control (CDC) , and the Governors Highway Safety Association, drugs like marijuana, cocaine, prescription medications, and other substances aside from alcohol degrade your ability to drive.

The extent to which drunk and drugged drivers pose a hazard on Arizona’s streets and highways is hard to state with certainty. This is for multiple reasons:

• A lack of field test equipment to detect drugs in the human body other than alcohol.
• The fact that simply because drugs are present in the body does not mean they are intoxicating. For example, marijuana metabolites remain detectable in blood and urine for days or even weeks after consumption.
• Because drugs are often used in combination with alcohol, it is hard to tell whether the driving effects come from the drugs or the alcohol.

We can gain a sense of the problem of drugged driving in Arizona by considering national data. Some of this information indicates that of drivers involved in accidents involving serious injuries, a little more than half are under the influence of alcohol, drugs, or both. After alcohol, marijuana is the most commonly encountered drug in motor vehicle crashes that involve drugs.

What are the Effects of Drugs on Driving?

Although in this post we frequently use marijuana as an example, many kinds of drugs can serve as the basis for a DUI charge in Arizona.

The Arizona statute that defines prohibited drugs is ARS 13-401. It is a lengthy statute that includes so many kinds of drugs that we cannot list them all here.

Suffice it to say, though, that all the drugs you would expect to see on a prohibited list are there, including opioids, amphetamines, Ecstasy, LSD, and even legally prescribed medications if you do not have a prescription for them.

Compared to alcohol, some drugs have similar effects on your ability to drive, and others have different effects. Here are some examples of how different drugs can affect your driving.

Marijuana

Marijuana is one of the most commonly used drugs in drug DUIs. Its effects on driving include:

• Slower reaction times
• Slower decision-making
• Reduced coordination
• Trouble judging time and distance
• Reduced attention span

These effects combine to impair a driver’s ability to maintain a steady speed, stay steady in a lane, and pay attention to the road.

Cocaine and Amphetamines

Stimulant drugs like cocaine and amphetamines, including methamphetamine, tend to simultaneously make drivers more aggressive and prone to risk-taking behaviors while reducing their perception and attention spans.

Prescription Drugs and Opioids

Prescription drugs and opioid medications often have sedative side effects that manifest themselves in drowsiness, reduced coordination and cognitive ability, and impaired vision. These drugs typically come with warnings not to operate equipment while taking them, and driving a car is no exception to this cautionary advice.

Some studies suggest that driving while under the influence of opioids can double your risk of being in a car accident.

Effects on Driving from Drug and Alcohol Combinations

One of the reasons why conclusive data about the effects of drugged driving can seem elusive is because in many DUIs alcohol and drugs are both present. In these situations, the combined effects create a cocktail of degraded driving abilities and impaired judgment that make them even more dangerous.

For example, drivers intoxicated by alcohol tend to overestimate their abilities behind the wheel, while marijuana users generally tend to become more cautious, even excessively so when driving.

So, a drunk driver will often drive faster than the speed limit and will frequently weave outside his or her own lane, while a driver under the influence of marijuana will tend to drive slower than the speed limit and weave within the lane.

But when drivers are affected by both alcohol and marijuana, the alcohol tends to override the effects of the marijuana when it comes to aggressive behaviors behind the wheel. Meanwhile, the inability to handle multiple tasks while driving under the influence of marijuana remains.

How Do Police Make Arrests for Arizona Drug DUIs?

One nightmare scenario for some medical marijuana users in Arizona has been the possibility of being charged with a DUI based on the presence of days or weeks-old metabolites in a blood or urine sample.

This fear may be somewhat tempered by a specific Arizona statute, ARS 36-2852(B). This law requires a police officer making a DUI arrest for marijuana to first reasonably believe that you are impaired to even the slightest degree.

However, for drivers under the age of 21 in Arizona, this impairment requirement does not apply. Any detectable prohibited drug or its metabolite will suffice for a DUI charge in this situation.

Reasonable Suspicion and DUI Investigations

What this means in practice is that if a police officer pulls you over for a suspected DUI, the officer will likely have already observed signs of impairment in your driving. The next thing the officer will do is to perform a DUI investigation to evaluate whether you show signs of alcohol or drug intoxication or if physical or trace evidence of alcohol or drugs is in the car.

Drug evidence the officer will be looking for includes quantities of drugs in the vehicle, drug paraphernalia, and the odor of marijuana smoke in the car. The officer will also observe you for signs of drug consumption, such as having bloodshot, watery eyes, dilated pupils, slurred speech, and how well you respond to questions.

What is Actual Physical Control of a Vehicle for DUI Purposes?

Like with alcohol-related DUIs, to be charged with a drug DUI in Arizona you do not need to be driving the car when the police officer is working on reasonable suspicion to do a DUI investigation. You simply need to be in actual physical control of the car.

Like with observations of your physical appearance and demeanor, in cases when the officer approaches your car when you are parked, the officer is trained to assess the actual physical control question.

As a general rule, the officer will be deciding how easy it would be for you to resume driving again while still intoxicated. Here are a few of the decision points:

• Is the motor running?
• If the engine is off, then where are the car keys? How easy would it be to put them back in the ignition?
• Where are you in the vehicle?
• Are you awake or asleep when the officer first encounters you?
• If you are seated, is your seatbelt fastened?

It is possible to use a “sleeping it off” or “safe harbor” defense to a DUI charge, but you must be able to make a persuasive argument in plea negotiations or at trial that it was unlikely you would start driving again before you could safely do so. This is always a case-by-case determination.

Police Field Sobriety Testing for Drug DUIs

If the officer suspects that you are intoxicated from a drug other than alcohol, then the police officer may call in support from another officer who has taken drug recognition expert training.

If the police officer decides that reasonable suspicion exists to believe that you are intoxicated, the officer may ask you to perform some field sobriety tests. You are not legally required to submit to field sobriety testing. If you decline, however, then under Arizona law, the officer can still use that refusal to arrest you for DUI.

If you agree to submit to field sobriety tests and do not pass them, then the officer can decide that probable cause exists to arrest you for DUI.

Post-Arrest Blood Sampling and Implied Consent

At this point, because no reliable breath test exists to detect marijuana or its metabolites in your system, you will be asked to provide a blood sample once the officer has taken you to the police facility.

If you refuse to provide a blood sample at the station, the police can then obtain a warrant to get one.

Refusing to allow a blood sample to be taken carries its own consequences. Arizona is an “implied consent” state, meaning that if you refuse to provide a blood sample, then you will be subject to a 12-month driver’s license suspension and your refusal can be used as evidence against you at your DUI trial.

What are the Arizona Penalties for Drugged Driving?

Arizona’s penalties for drug DUIs are basically the same as for those involving alcohol. But instead of using BAC level-based punishments, your punishment may be more severe depending on how many past DUI convictions you have in the seven years before your current conviction.

There are three levels of drug DUI penalties in Arizona.

Level One: First-Time Drug DUI

A first-time drug DUI is a misdemeanor. It includes the following penalties:

• A minimum 10-day jail sentence, with at least 24 hours mandatory. The other nine days can be suspended if you complete alcohol and drug testing and related classes.
• Fines, costs, assessments, and other financial penalties of more than $1,500.
• Drug testing and treatment.
• Probation and possible community service.
• A driver’s license suspension for 90 days.
• Attendance at Traffic Survival School.
• Eight points added to your driver’s license by the Arizona Motor Vehicles Division

Level Two: One Prior DUI Conviction in Seven Years

A second, drug-related DUI conviction if you have a prior DUI within the past seven years is still a misdemeanor. But the penalties stiffen:

• A minimum jail sentence of 90 days, 60 of which can be suspended if you complete alcohol and drug testing and related classes.
• Your fines, costs, assessments, and other penalties increase to more than $3,500
• Drug testing and treatment.
• Probation and a minimum of 30 hours of community service.
• A 12-month driver’s license suspension
• Attendance at Traffic Survival School.
• Eight points added to your driver’s license by the Arizona Motor Vehicles Division

Level Three: Two or More Prior DUIs in the Past Seven Years

A third Arizona DUI conviction in seven years becomes a felony-level, aggravated DUI. As you may expect, the penalties and punishments you face at this level are substantial. They include:

• At least four months sentence in an Arizona state prison
• Fines, costs, assessments, and other financial penalties of at least $4,000.
• Drug testing and treatment.
• Probation and parole requirements.
• A three-year driver’s license revocation.
• Attendance at Traffic Survival School.
• Eight points added to your driver’s license by the Arizona Motor Vehicles Division

Aside from not having categories like “extreme DUI” and “super-extreme DUI” like alcohol-related DUIs, another difference with a drug DUI in Arizona is that these convictions do not usually require the installation of an ignition interlock device.

What are Defenses to Drug DUIs in Arizona?

A drug DUI defense in Arizona is based on the same principles as DUI defenses generally. A DUI defense lawyer will look for weak points in the prosecution’s case against you, starting from the moment the police officer first saw you through the DUI investigation and your arrest.

How the prosecution handles any evidence it gathers against you, and more particularly from you in the form of a blood sample, is another facet of the case against you that your defense lawyer will examine closely. Errors in lab testing, or in handling the evidence to make sure no corruption happens in the chain of custody, are possible defense avenues for your DUI defense lawyer to explore.

Here are some additional, specific defenses our DUI defense attorneys at the Rosenstein Law Group will evaluate for our DUI defense clients:

• Lack of reasonable suspicion to stop you for a DUI investigation.
• Lack of probable cause to make a DUI arrest.
• Failure to properly administer field sobriety tests
• Failure to properly maintain, calibrate, and operate test equipment.
• Failure to properly inform you of your legal rights at the time of the arrest.

Charged With a Drug DUI in Arizona? Call Us

At the Rosenstein Law Group, our defense attorneys are highly experienced with all kinds of DUI cases, including Arizona drug DUIs .

Our entire focus is on limiting the ramifications of a DUI conviction that you could face over the short and long term. We will fight aggressively and always be prepared to go to trial to fight for your rights in court.

Do not wait to speak to a Scottsdale DUI attorney , we are available day or night. The main Rosenstein Law Group law office is in Scottsdale, but we represent people who are facing DUI and criminal charges throughout Arizona and in any specific court where your case will be heard, including Maricopa County Superior Court.

Call us any time at (480) 248-7666. Or, if you prefer, you can contact us online here. We offer free, no-risk initial consultations and monthly installment payment plans. We also accept all major credit cards.

Members of the editorial and news staff of Law&Crime were not involved in the creation of this content.

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