Prescription Drug DUI
Prescription Drug DUI Charges
Driving while under the influence of prescription medications can result in a Drug DUI arrest, similar to that of an illegal drug DUI, or alcohol DUI. If you are taking a medication as directed by your doctor; with a valid prescription, you may still be arrested for impaired driving in Arizona.
Prescription medications account for a large number of DUI arrests in Arizona. In other words, in Arizona you can be arrested for Driving Under the Influence even if you have not been drinking liquor. If convicted, DUI calls for jail terms, and other harsh penalties. A conviction may adversely impact your life and future. It can cost you your job, residency, and driving privileges. It is important to know the laws in Arizona, and that by law, you have the right to defend your charges. In order to defend your charges, you should retain a qualified criminal defense firm, like the Law Office of James Novak, PLLC in Maricopa County.Definition of Prescription – Only Drug
Under A.R.S. 13-3401 (28) “Prescription Drug” as it applies to Arizona Drug Laws means:
- It does not include “Dangerous” defined in section (6) or “Narcotic” defined in section (20) of this Chapter; but
- A drug that produces a toxic or other potentially harmful effect, and
- its method of use, or measures needed to use, are not generally recognized among the medical community as safe only for use under the supervision of a medical practitioner.
- Drugs that fall within the approved new drug application under the federal act or section 32 1962 to be used under medical practitioner supervision;
- Potentially harmful drugs, that do not contain proper labeling or include the full descriptions, dosage, quantity and instructions for the consumer; or
- Drugs required to include the following warning "Caution: Federal law prohibits dispensing without prescription" or "Rx only", as required by Federal Law.
Arizona has strict DUI laws, with some of the harshest penalties in the country. It is unlawful to drive “impaired to the slightest degree” due to spirituous liquor or any type of toxic drug including prescription medications. Arizona Statute A.R.S. 28-1381 includes specific language that applies to impaired driving due to alcohol, drugs, toxic substances, vapor releasing substances, or any combination of these, if it causes driving impairment to the slightest degree.
A first offense Drug DUI charge will be brought as a Class 1 Misdemeanor, in absence of aggravated factors. Convictions for prescription medication impaired driving are treated the same or similar as alcohol related DUI – DWI charges. Penalties include 10 days jail; fines, fees, assessments; probation; substance abuse education, counseling or treatment and other penalties.Drug DUI Attorney for defense in Scottsdale AZ
The first step to defending your DUI drug charges is to retain a qualified and experienced DUI defense attorney. James Novak is a former prosecutor, and criminal trial attorney. If retained, he will protect your rights and defend your charges. He will evaluate your case to determine the most effective defense strategies that can be applied to you case. If there of constitutional rights violations, or other defenses that apply to your circumstances, he will present them, and work to get the best possible outcome in your case. At times this can lead to a dismissal of the case, reduction in charges, or mitigation in sentencing. The Law Office of James Novak defends clients in Maricopa County, including Phoenix, Tempe, Mesa, Chandler, Gilbert, Scottsdale AZ and surrounding cities. Call now for your free consultation with James Novak, PLLC at (480) 413-1499.Additional Resources
- Arizona Prescription Drug Definition
- Arizona Drug DUI Laws
- Scottsdale Police Department
- Scottsdale Municipal Court
- Scottsdale Motor Vehicle Department
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