Arizona Criminal Defense Attorney Blog
AZ medication DUI Laws
A Driver who is charged with a DUI in Phoenix AZ who tests positive for illegal drugs are subject to drug DUI charges under the Arizona State Laws which are some of the strictest laws in the country. The mere presence of a drug found in your system is enough for the Phoenix police to charge you or any city in Arizona. If the officer has reason to believe you were “impaired to the slightest degree” while driving, and a drug was found in your system you will be charged with an Arizona medication DUI or Arizona Drug DUI. If charged, you will need to hire a good Arizona Criminal Defense, Drug defense or DUI Attorney who defends DUI and drug DUI in Phoenix on a regular basis to defend you. They must have must have the knowledge, experience, training, litigation background and the forensic tools needed to challenge Phoenix, Arizona a Drug DUI.
It takes many years of litigation experience and skill to defend these types of charges. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, Medication DUI. If you try to take on the monumental task fighting through the maze of the Arizona court system, challenging toxicology evidence, building a defenses strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the Arizona Prosecution, and determine what the appropriate course of defense strategy are needed to get you the best possible outcome in your case.
The first priority of a good AZ Drug DUI or medication DUI Defense Attorney’s list is to find a way to get your charges totally dismissed. A good Phoenix Drug DUI lawyer will examine many issues where possible defenses may apply. Based on the answers to these questions, they may be able to get evidence suppressed; charges reduced or even a total dismissal of your charges. Below are a just a few defenses cited from “101 DUI Defenses”© Book from the “Arizona Winning Defense Strategies” © Series -Author: James Novak:
• What was the reason for the stop? The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle.
• Was there probable cause for arrest? To make an arrest, the level rises to a higher standard, which is that “probable cause” to arrest.
• Was your blood sample preserved properly and according to protocol?
The preservation process can become an issue. The blood vials must have been stored properly prior to its use, and blood vials within expiration date, and preserved properly.
• Was the Urine Specimen collected, tested and transported properly?
The urine sample taken for drug testing must also be properly tested according to
required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.
• Were second samples given to you in order for your Defense Attorney to have them independently tested?
For instance, if your DUI/DWI charge was based on a blood draw, you have the
right to obtain an independent blood test sample. If the police deny you a
fair chance to obtain “exculpatory” (evidence in your favor). If not, your constitutional rights have been violated.
• Were you under the influence of a legal medication that did not impair your driving? The police will attempt to charge you for prescription drug DUI if they can not charge you with an alcohol based DUI Blood Alcohol Content (BAC findings) Therefore, the argument and testing would need to confirm that you were not driving impaired to the slightest degree, due to this prescribed or otherwise legal medication. Just because a drug legal, harmless, prescribed or not, was found in your system, does not mean it impaired your driving.
• Did police possess a legal and justifiable reason to search you and your vehicle?
It is a violation of your Constitutional Rights for the police to conduct unlawful “search and or seizure” of the contents of your automobile for a minor traffic offense without your consent, or a search warrant.
These are just a few defenses your Arizona drug DUI defense attorney should review in building your defense. With an experienced AZ DUI Drug Defense Attorney your chances of getting a good to great outcome on your case increase drastically.
If you have been charged with any Phoenix, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.
Speak directly with experienced Arizona Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Phoenix, Tempe, Scottsdale, Mesa, Chandler, Gilbert, and surrounding cities within Maricopa County.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.