Arizona Criminal Defense Attorney Blog
“Under Arizona Drug DUI Laws, a person may be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out how experienced DUI lawyers challenge Drug DUI charges that may lead to dismissal.”
Arizona Drug DUI – Medication DUI Charges
In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. If convicted, they will be exposed to the same penalties as those that apply to alcohol DUI charges. The simple presence of a drug in your system is enough for the Phoenix Police to charge you. They must have probable cause to believe you were driving “impaired to the slightest degree. Offenses for Drug DUI are charged as Class 1 Misdemeanors, which carry harsh penalties including 10 days in jail; suspension of driver’s license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.
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Drug DUI Defenses Arizona
Defenses strategies used to challenge DUI charges should be uniquely tailored to the specific facts surrounding your charges. Some arguments may surround the following issues:
No “Reasonable Suspicion” for Drug DUI Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires “reasonable suspicion” that an offense occurred or is in progress (excluding DUI Task Force Stops).
No “Probable Cause” for Arrest: To make an arrest, the standard is elevated from “Reasonable Suspicion” to “Probable Cause” that you were driving impaired due to alcohol or drugs. This means substantive evidence is needed.
Violations in DUI blood, urine or chemical testing: Includes administration;, collection; transport; labeling; supplies; equipment; blood or urine sample storage; preservation; chemicals used with processing; and reporting;
The drug found in the driver’s system did not cause the driver to be impaired to the slightest degree; and were legal, and harmless;
Independent lab results requested by the defense contradicted crime lab results from the police/prosecution. This may include differences in amounts, or actual drugs found;
Defense expert testimony raised “Reasonable Doubt” that the drug or medication found in the driver’s system caused impairment to the slightest degree;
The driver was denied a second sample of the DUI chemical or blood test, for the purpose of obtaining exculpatory (evidence in their favor) evidence by defense for retest;
Constitutional Rights
Criminal Defense Lawyer for Drug DUI Charges in Phoenix AZ
Challenging DUI with Drugs or Medication DUI charges requires special skill, training and experience by a good criminal defense lawyer. It is necessary for them to be well versed on not only the law but S criminal defense; forensics; psychology and pharmaceuticals. They will know which areas of the prosecution’s case to target in your defense, based on your unique set of facts, and the laws in place. They will tailor a defense to you circumstances and present compelling arguments on your behalf. They will defend your rights; and attempt to get the best possible outcome in your case. Your chances of getting a good resolution to your case will significantly increase when you retain a private practice criminal lawyer, to defend your case. They may be able to help get your charges dismissed; or help you to avoid harsh penalties such as incarceration.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
Arizona DUI & Criminal Defense
Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ
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