Arizona Criminal Defense Attorney Blog
“In Arizona a you can be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out what defenses experienced DUI lawyers use to challenge Drug DUI charges.”
Arizona DUI with Medications – Drug DUI Charges
You may be charged with Drug DUI under Arizona Drug DUI law A.R.S. § 28-1381. If convicted, you will face the same penalties as an alcohol DUI conviction. The mere presence of a drug in your system is enough for the Scottsdale Police to charge you, as long as they have probable cause to believe you were driving “impaired to the slightest degree. Drug DUI first time-offenses are charged as Class 1 Misdemeanors. Penalties may include: 10 consecutive days in jail; 90 day driver’s license suspension or denial; probation; drug and alcohol education program; fines, fees, costs and assessments that exceed $1,200.00.
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Drug DUI Defenses Arizona
Defenses used by experienced Drug DUI lawyers to challenge DUI charges are based on the unique facts surrounding your charges. Some areas targeted for defenses may include:
“Reasonable Suspicion” for Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires “reasonable suspicion” that a violation of the law was in progress or occurred (excluding DUI Task Force Stops).
Probable Cause” for Arrest: For the arrest to be lawful, the standard is elevated from “Reasonable Suspicion” to “Probable Cause”. The police must have probable cause to believe a person is driving impaired due to alcohol or drugs. This requires material evidence, for example a failed Field Sobriety Test (FST), or a driver admitting they were impaired due to drugs while driving.
Deficiencies or Violations in DUI blood, urine or chemical testing: This includes administration;;collection; transport; labeling; solutions for mixing; preservation; processing; and reporting;
The drug found in the driver’s system did not cause the driver to be impaired to the slightest degree; and the drugs were legal, and harmless;
Independent lab results obtained by the criminal defense attorney contradicted lab results reported by the police. This includes inconsistencies, validities, and proper identification of the drug or substance the defendant was accused of having in their system.
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 sample of the DUI blood or chemical test, for the purpose of retesting it independently to admit exculpatory evidence in their defense;
Constitutional Rights violations
Criminal Defense Lawyer for Drug DUI Charges in Scottsdale AZ
Challenging DUI with Drugs or Medication DUI charges requires special training, education, skills and a vast amount of litigation experience by a criminal defense lawyer. You should retain an attorney who is well versed on not only the law and criminal defense but, forensics; psychology and pharmaceuticals. They will know which areas of the prosecution’s case to challenge in your defense, based on your unique set of facts, and the laws in place. They will defend your rights; and attempt to get the best possible resolution in your case. Your chances of getting a good outcome will significantly increase if you retain legal representation of a private practice criminal defense firm to defend your case.
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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, Mesa,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ
Free Consultation! Call (480) 413-1499