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Learn about what is considered a drug-related DUI, how it is determined, and the penalties and consequences involved if you are convicted in Arizona.

In recent years, drugs other than alcohol that act on the brain have increasingly been recognized as hazards to road traffic safety. A Governors Highway Safety Association report states that drivers on drugs are becoming more of a problem than drivers drunk on alcohol.  The two primary reasons drivers under the influence of drugs are becoming a bigger problem are a quadrupling in prescription drug use since 1999 and the legalization of marijuana in some form in 23 states in the U.S.

• An estimated 13.7 million people drove under the influence of illegal drugs in 2019.
• According to the Governors Highway Safety Association, 43% percent of fatally injured drivers tested positive for drugs, which is higher than those testing positive for alcohol.
• Drugs other than alcohol are involved in about 16% of motor vehicle crashes.
• Of those surveyed, young drivers age 18 to 25 had the highest reported incidents of drugged driving.
• Marijuana is the drug most commonly combined with alcohol, and those who drive drunk are more likely to also drive under the influence of marijuana.
• Cocaine and methamphetamine make drivers more aggressive and reckless.
• Some prescription and over-the-counter medicines cause extreme drowsiness, dizziness, and other side effects.

What Sort of Drugs Are Commonly Associated with Drug-Related DUIs?

A nationwide study of fatal crashes reported that 46.5 percent of drivers that tested positive for drugs used a prescription drug, 36.9 percent had used marijuana, and 9.8 percent had used cocaine. The most common prescription drugs found were:

• Alprazolam (Xanax®)—12.1 percent
• Hydrocodone (Vicodin®)—11.1 percent
• Oxycodone (OxyContin®)—10.2 percent
• Diazepam (Valium®)—8.4 percent

Marijuana-Related DUI in Arizona

The Arizona Medical Marijuana Act (AMMA), allows qualified patients registered with the Arizona Department of Health Services with current registry identification cards, to use and possess marijuana. Like alcohol and prescription drugs, Arizona has zero-tolerance for driving while impaired by marijuana. Additionally, irrespective of impairment, drivers cannot have active marijuana in their body while driving.

• Research shows that marijuana impairs motor skills, lane tracking, and cognitive functions. 
• THC in marijuana also hurts a driver’s ability to multitask, a critical skill needed behind the wheel. 

The Arizona Medical Marijuana Act grants an affirmative defense to a defendant charged under § 28-1381(A)(3) who can show they are authorized to use medical marijuana as long as the concentration of marijuana or its metabolite in their body is insufficient to cause impairment.

How Do Drugs Affect Driving Skills?

The effects of drugs depend on how they react with the brain, but all impair faculties necessary for a vehicle’s safe operation. These faculties include:

• Coordination is affected as drugs effect the nerves and muscles reactions to steering, braking, accelerating, and manipulation of the vehicle
• Reaction time is affected as response & reactions are slowed.
• Judgment is affected by the Cognitive effects of the drugs including risk reduction, avoidance of potential hazards, anticipation, risk-taking behavior, inattention, decreased fear, exhilaration, and loss of control.
• Tracking is distorted making it harder to Stay in the lane or maintain distance from other cars or objects.
• Attention is divided and not focused as the demand for information processing is severely affected.
• Perception 90% of the information processed by our brain while driving is visual.  Glare resistance and recovery, dark and light adaptation, dynamic visual acuity are negatively impacted by drug use.

Small amounts of particular drugs can have a significant effect on driving ability.

Drug-Impaired Driving is Illegal in Arizona

All states have drunk driving laws. However, only some have enacted laws to address drug impairment specifically. Nineteen states either have specific limits for the presence of intoxicating drugs or a zero-tolerance policy, known as “per se” drugged driving laws.

Fifteen states have "per se" drugged driving laws that make it illegal to operate a motor vehicle with any detectable amount of certain drugs in one's system.

The states that have per se driving under the influence of drug laws are Arizona, Nevada, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, Pennsylvania, Rhode Island, Utah, Virginia, and Wisconsin. 

How Per Se Drugged Driving Laws operate in Arizona

You can be convicted in Arizona of a Drug-related DUI under one of two laws:

Arizona Statutes 28-1381 (A) (1) decree that it is against the law for anyone to be driving or have “physical control” of a car or vehicle while “under the influence” of an intoxicating liquor, any drug, a vapor releasing substance, or any combination of alcohol, drugs or vapor releasing substances if the person is impaired to the slightest degree.

Under Arizona Revised Statutes 28-1381 (A) (3), It is against the law for anyone to drive or have “physical control” of a car or vehicle while “under the influence” of a drug, as defined in Section 13-3401, or the drug’s metabolite in the person's body.

These drugs include marijuana, narcotic drugs, dangerous drugs, and prescription medications (if taken without a valid prescription).

Two key terms have been defined specifically by the Arizona Supreme Court to make convicting Drug-related DUI offenders easier:

Actual physical control. Having physical control of a car or vehicle means the driver has “current or imminent control” over the car or vehicle. Even if a vehicle is not in a lane of traffic, in motion, or not running, a jury could find you guilty of a drug-related DUI if you were under the influence and were driving or could have been driving and present a danger to yourself or the public.

Under the Influence. You can be brought up on chargesof a drug-related DUI if you are operating a motor vehicle and are impaired because you are under the influence of drugs.

You can also be charged with a drug-related DUI for merely having the drug metabolite in your system, whether you are impaired or not. Drug metabolites are what is left behind in your system as the liver breaks down the drug. Many drugs may take more than 24 hours to be eliminated from your system. Thus even if you took the drug days before you were stopped, you could still be considered impaired because you are under the drug’s influence.

How is Drug Impairment determined?

Alcohol runs through the body rapidly, so it's relatively easy to measure a motorist's BAC at the time of a traffic stop. Breathalyzer tests are considered accurate and a reading of 0.08 percent or higher can result in a conviction of DUI charges.

The case is not the same with drugs. The National Highway Traffic and Safety Administration stated in a letter to Congress that current knowledge about drugs is "insufficient to allow the identification of dosage limits that are related to elevated crash risk."

There are two ways a Drug-related DUI is determined:

Arizona uses "Drug Recognition Experts" (DREs), w. DREs are specially trained police officers that follow specific guidelines to determine drug impairment in vehicle drivers. Officers examine a person's eye movements, behavior, and other cues that point to being under the influence of drugs. Drug Evaluation and Classification Programs are in place to train DREs in forty-four states and the District of Columbia.

The presence of drugs can be measured through urinalysis or a blood sample. While the drug can be detected, the amount of impairment cannot be calculated accurately.

Implied Consent Laws

All drivers lawfully arrested for a DUI are required to submit to a blood or breath test. Under Arizona’s “implied consent” laws, a refusal will result in the following license suspensions periods:

A second subsequent offense includes prior DUI convictions, refusals, and failed BAC test (.08% or greater) within the past seven years.

Penalties for a Drug-Related DUI in Arizona

A first time drug DUI in Arizona is considered a Class 1 misdemeanor and can carry penalties of:

• A term in jail of not less than ten consecutive days and not more than 180 days
• Required drug screening and treatment program
• Payment of fines and assessments of up to a maximum of $1,250
• They could also be required to undergo probation for up to 5 years.
• License suspension for up to 90 days. Unlike with an alcohol DUI, a drug-related DU/I offender couldn’t be considered for a restricted driver’s license to go to or from school or work.

Penalties for Repeat Drug-Related DUI Offenders

Just like an alcohol DUI, Drug-related DUI penalties get worse for repeat offenders. Both kinds of DUI count as previous offenses.

A second drug related Dui offense in Arizona carries penalties of:

• Incarceration not to exceed 180 days
• Required drug screening and treatment program
• Payment of fines and assessments of up to a maximum of $3,000.
• They could also be required to undergo probation for up to 5 years.
• Minimum of 30 hours of community service
• License suspension for up to 1 year. Unlike with an alcohol DUI, a drug-related DU/I offender couldn’t be considered for a restricted driver’s license to go to or from school or work.

A repeat offender with a prior drug DUI conviction within 7 years in Arizona is considered a Class 4 Aggravated Felony, which carries penalties of:

• Minimum of 4 months of prison
• The State can seize the offender’s vehicle.
• Payment of up to $150,00 in fines
• The license is revoked for three years.
• Required to undergo probation for up to 5 years

Another factor that can affect the penalties you face for a drug-related DUI offense is if of one or more children under age 14 were in your car at the time of the arrest. For each child you were transporting at the time of your arrest, you face an additional charge of DUI with Child Endangerment. Each charge carries additional penalties and amounts to an additional DUI on your record for each child in the vehicle.

The cost of being charged for impaired driving

A DUI can cost a bundle. Even when there is no accident involved, the financial implications are severe for someone convicted of driving under the influence.

Fines, court and attorneys' fees: $5,000

You will have to pay fines following a DUI conviction, along with various court costs. A conviction may carry other financial penalties up to three times higher. Often you will need a DUI attorney to help you post bail or fight a charge you deem unfair.

Towing/impound fee: $685

Since you can't drive if you are arrested, the police will have your car towed and impounded.

Drug education and treatment: $650

Most DUI convictions carry some mandatory alcohol or drug education program requirement. This could be anything from an eight-hour online class to months of classroom and group counseling.

DMV reinstatement fee: $100

The Estimated increase in your car insurance premiums over five years: $13,500

Every insurance company calculates premiums differently. No matter which company you use, you are likely to see a significant increase in your premium following a DUI. Estimates can range from a hundred dollars to $2,700 a year.

Total estimated minimum cost to you of a DUI: $19,935

A drug-related DUI is a serious charge and can have serious lifetime repercussions if you are convicted. You may not be accepted to college, accepted for employment, accepted for housing, and our insurance rates will increase substantially.

Why You Need A Criminal Defense Lawyer

To obtain a conviction against you, a prosecutor must prove beyond a reasonable doubt that you did operate a motor vehicle and were under the influence of drugs. That isn’t always as easy as it might seem.

Depending on your circumstances, defense strategies that could be used in driving under the influences of drugs cases might include:

• Questioning the results or administration methods of blood or urine tests
• Challenge the legitimacy of the search warrant used to force a test sample from you, or not having a warrant for the test sample
• Investigating whether police had legitimate reasons for your traffic stop or your arrest
• Challenging whether police followed proper procedure when you were arrested, such as administering your Miranda rights, or when evidence was collected

A skilled Criminal Defense lawyer experienced in Drug-Related DUI cases can evaluate your situation and the evidence against you and explain your defense options and the likely outcomes.

If you are facing a drug-related DUI charge, having a criminal defense lawyer experienced in drug-related DUI cases on your side will improve your chances of a successful outcome.