Scottsdale Drug Crimes Defense

Scottsdale is a city in the eastern part of Maricopa County. In 2008, the New York Times wrote that downtown Scottsdale was a "desert version of Miami's South Beach" because of its late night party scene. Drug offenses are particularly common in Scottsdale, as they are elsewhere in Arizona. Aside from the health risks associated with drugs, there are also physical risks presented by driving under the influence of drugs. While most people associate DUIs with drunk driving, it is also illegal to drive under the influence of drugs in Arizona. If you have been caught driving under the influence of drugs, contact knowledgeable Scottsdale drug crime attorney James Novak to begin protecting your rights today.

In Arizona, the blood alcohol limit is .08%. However, you can be considered intoxicated due to even minimal amounts of alcohol or drug use. Arizona Revised Statutes section 28-1381 provides that it is unlawful to drive under the influence of any drug (among other substances) if you are impaired "to the slightest degree." It also prohibits driving while there is any substance defined in section 13-2401 or its metabolites in your body. This means you could have smoked marijuana the day before and still have certain metabolites in your body, and be considered to be driving under the influence of drugs.

Section 13-2401 lists controlled substances including marijuana, cocaine, narcotics, methamphetamine, opium, ecstasy, mushrooms, peyote, nitrous oxide, and prescription drugs. As you can see, its scope is very expansive; Arizona treats driving under the influence, however slight, of any drugs harshly.

If you are pulled over on a suspected DUI, a law enforcement officer may conduct a field sobriety test. You may need to perform a finger-to-nose test, stand on one leg, recite the alphabet or perform a number of other tasks. You may also be asked to submit to a blood chemical or urine test. Arizona is an "implied consent" state, in which a person who operates a car consents to a test of blood, breath, urine, or another bodily substance for the purposes of determining alcohol or drug content. There are instances in which a lawyer may advise you that it is better to refuse to take this test. In general, however, if you have not received advice otherwise, you should be aware that failure to take the test when asked could lead to suspension of your license.

There are many state and federal rules that govern police conduct and administration of chemical tests in the suspected DUI context. A police officer's failure to follow any of these rules or an officer's use of defective test equipment can be used by an experienced Scottsdale drug crimes lawyer to get certain evidence suppressed, and to advocate with a state prosecutor for a plea deal or to have the charges dropped. Contact James Novak at (480) 413-1499 or via our online form to schedule your free initial consultation.