• Jail time
• Probation
• Driver license suspension
• Community service
• Ignition interlock device installation
• Treatment programs
• Traffic school
• Fines and assessments

Even those taking the medications as directed may face Arizona DUI charges. Two DUI statutes, ARS § 28-1381(A)(1) and ARS § 1381(A)(3), govern prescription medication DUIs. ARS § 28-1381(A)(1) refers to cases involving “impairment to the slightest degree.” This statute makes it illegal to operate a vehicle while impaired by any drug or alcohol. This zero-tolerance law strictly prohibits driving under these conditions, regardless of whether the driver has a legal prescription. ARS § 1381(A)(3) involves “driving with an illegal drug in one’s Body” and generally refers to non-prescribed prescription medications and street drugs.

A potential defense may involve a violation of an accused’s Fourth Amendment rights. The Fourth Amendment refers to protections from unreasonable searches and seizures by the government. Under the amendment, law enforcement must have reasonable suspicion of a crime to pull over a driver. Further, even if they have the appropriate suspicion, the law limits their investigation. In prescription drug DUI cases, an accused may claim that the officer lacked probable cause for the stop or arrest. Additionally, an Arizona DUI attorney may suppress the results of any unlawful methods the officers used to establish probable cause.

Presenting a valid prescription alone does not constitute a valid defense against a charge under 1381(A)(1). However, a valid prescription may be a valid defense to charges involving 1381(A)(3). In these cases, the government must prove that the prescription medications caused impairment. The government often relies on biased and subjective accounts from the arresting officer. In an effort to combat this fundamental shortcoming, police departments use drug recognition programs and certify “experts” to recognize impairment. However, an attorney can use their skills, resources, and experience to refute these claims.

Arizona DUI laws are complex, and anyone facing these charges should reach out to an experienced attorney for immediate assistance.

Contact an Arizona Prescription Drug DUI Defense Lawyer

If you face Arizona DUI charges related to prescription drug use, non-prescription drugs or alcohol use, contact the Law Office of James E. Novak. Our Maricopa County criminal defense law firm has successfully represented those accused of drunk and drugged driving crimes for nearly 20 years. Attorney Novak prioritizes every client’s needs, and their defense comes first. He believes that all clients deserve a vigorous defense, and he fiercely fights for their constitutional rights, future, and freedom. Our firm handles Arizona criminal defenses involving DUIs, assault, burglary, vehicular crimes, sexual offenses, arson, domestic violence, drug offenses, and more. Contact Novak Law at 480-413-1499 to schedule a free initial consultation.

Lorazepam is a prescription drug, often used to treat anxiety. It can impair driving, by making a driver drowsy and slowing the driver’s reaction time, even when taken as prescribed. The defendant testified that he was prescribed lorazepam, and had taken it two days before the crash. Methadone is a narcotic, generally used to treat heroin addiction. It also can cause sleepiness and can slow reaction time, even when taken within the therapeutic range. The defendant took a dose of methadone at a clinic on the morning of the crash. There is also evidence that the combination of the two drugs can also compound their effects.

At the conclusion of the trial, the defendant was convicted of three counts of aggravated assault, two counts of criminal damage and two counts of driving under the influence. The defendant appealed his convictions and sentences. On appeal, the defendant argued that the evidence at trial did not support the DUI convictions, because, while he had both lorazepam and methadone in his body, he was using the drugs as prescribed.

The defendant argued that he qualified for the defense of “narrow safe harbor” under Arizona Statutes section 28-1381(D). That statute states that a person using a drug as prescribed by a licensed medical practitioner is not guilty of driving under the influence. The appeals court disagreed, finding that the defendant failed to prove that he was using the medication as prescribed. Although the defendant testified that he was using the medicine as recommended by a doctor, he did not present a prescription or a doctor’s letter. The court noted that he also failed to present any additional evidence suggesting he took the medication as prescribed. For example, the defendant could have presented testimony from the physician who wrote the prescription. The court explained that in this case, the jury heard the evidence and rejected the defendant’s defense. Accordingly, the court affirmed the defendant’s convictions.

Call a Phoenix DUI Defense Lawyer

DUI convictions carry harsh punishments under Arizona law. A DUI attorney can help drivers avoid or mitigate the consequences of an Arizona DUI offense to the extent possible. At the Law Offices of James E. Novak, we are committed to protecting the rights of drivers accused of drunk driving, whether it is a first or subsequent offense. James E. Novak is a former prosecutor who understands how the other side tends to approach these cases, and he can anticipate and counter the prosecution’s strategies. Contact us at (480) 413-1499 or by completing the contact form on our website.

We’ve talked a fair amount about drunk driving charges on this blog, though we have yet to address DUI when it comes to the use of medications and prescription drugs. Let’s go over these matters right now.

Driving Under the Influence of Pills/Medication Is a Serious Offense

While many people understand that driving while drunk is very serious, it’s important that motorists also understand that driving while under the influence of medications can also pose a number of dangers to others. This includes potential collisions, striking pedestrians and bicyclists, and so forth. It’s for this reason that certain types of medications have warnings with regard to driving and operating machinery that have to be kept in mind.

Drug Addicts and Those with Legal Prescriptions Can Be Charged

Whether you are using a medication as directed by your doctor or the label, or if you have illegally obtained and/or are using the substance outside of proper medical supervision/necessity, this makes no difference in the eyes of the law. Anyone who is pulled over and founds to be under the influence of a medication will be charged with driving under the influence and face legal penalties for this action.

Common Kinds of Pills/Medications That Lead to DUI Stops and Arrests

The most common kinds of pills and prescription medications that result in the arrest of drivers include:

• Oxycontin
• Oxycodone
• Vicodin
• Valium
• Percocet
• Xanax
• Methadone
• Morphine

Penalties for DUI with Pills/Medication

The penalties for DUI when driving under the influence of prescription medication are like the penalties for driving while under the influence of alcohol.

For a first offense of DUI using medication/pills, the most common penalties are:

• Up to 10 days of jail time
• A base fine of $250
• Suspension of driver’s license for up to a year

Additional penalties will apply as well depending on the circumstances of the incident and your arrest.

For a second offense of DUI using medication/pills, the most common penalties are:

• Up to 90 days of jail time
• A base fine of $500
• Suspension of driver’s license for one year

As with a first offense DUI, additional penalties will apply depending on the circumstances of the incident and your arrest.

How a DUI Attorney Can Help You with Your Case

If you or a loved one has been charged with a DUI for using medications while behind the wheel, a defense attorney will fight diligently for you to ensure that you receive a fair shake from the law. We will help ensure that the system is just and that the legal proceedings are carried out properly, with full attention paid to your legal rights and entitlements.

A defense attorney will note any potential mistakes or improprieties in the arrest process in order to help get charges dropped or penalties reduced. An attorney will also be sure to provide counsel after the legal proceedings are over so you understand how to move forward following any charges and penalties levied against you.

Contact the Team at The Law Office of James Novak

For more information about your legal rights and options following a drunk driving or intoxicated driving arrest, it’s important that you contact a skilled DUI and drug charge defense lawyer today. We at The Law Office of James Novak will work closely with you to ensure that you receive expert legal counsel and guidance going forward.