Can You Get a DUI on Prescription Medication in Phoenix?
It might come as a surprise, but a DUI on prescription medication in Phoenix is not only possible but more common than you might think. Arizona law doesn’t make exceptions for drivers impaired by legal, prescribed substances. If your ability to drive is compromised, you can be arrested and charged with driving under the influence (DUI), even if you’ve taken the medication as instructed by your physician.
Understanding Arizona DUI Laws for Prescription Medications
Arizona’s DUI laws, under ARS § 28-1381, make it illegal to drive if you are impaired to the slightest degree. This law covers alcohol, illegal drugs, and prescription medications. So, even when taking medicine as prescribed, if it causes impairment, you risk facing a DUI on prescription medication in Phoenix. The critical factor is impairment, not whether the drug is legally prescribed.
What Counts as “Impaired” in Phoenix DUI Cases?
When it comes to a DUI on prescription medication in Phoenix, “impaired” refers to any impact on your driving abilities. Examples include slower reaction times, dizziness, or an inability to concentrate. Medications commonly associated with impairment include:
- Opioid painkillers (e.g., oxycodone, morphine)
- Benzodiazepines (e.g., Xanax, Ativan)
- Sleep aids (e.g., Ambien, Lunesta)
- Antidepressants or antipsychotics that may affect motor skills or alertness
Hypothetical Scenario: A DUI on Prescription Medication in Phoenix
Consider a Phoenix resident, Jamie, who recently had surgery and was prescribed painkillers. One evening, Jamie takes the medication as directed and heads out to pick up groceries. While driving, Jamie feels groggy and finds it hard to maintain proper lane control. An officer notices this erratic driving and pulls Jamie over. After observing slurred speech and poor performance on field sobriety tests, Jamie is arrested for a DUI on prescription medication in Phoenix.
How Police Assess Impairment for a DUI on Prescription Medication in Phoenix
If you’re suspected of driving under the influence of prescription medication in Phoenix, law enforcement will follow several steps to establish impairment:
- Initial Observations: Police look for signs like swerving, slurred speech, or unusual behavior.
- Field Sobriety Tests (FSTs): These tests assess physical and mental coordination. Impairment in FSTs can contribute to the decision to arrest.
- Drug Recognition Experts (DRE): In Phoenix, specially trained officers evaluate whether a driver is under the influence of drugs, including prescription medication.
- Chemical Testing: Blood or urine tests will measure the presence of drugs. However, these tests do not quantify impairment. A skilled defense can challenge this evidence.
Legal Penalties for a DUI on Prescription Medication in Phoenix
If convicted of a DUI on prescription medication in Phoenix, the penalties mirror those for alcohol-related DUI offenses:
- First Offense: Up to 10 days in jail, fines of $1,250, mandatory drug education programs, and possible license suspension.
- Second Offense: At least 90 days in jail, fines of $3,000, a one-year license suspension, and a mandatory ignition interlock device.
- Aggravated DUI: Charges become more severe if there are extenuating factors like a minor passenger or a suspended license.
Defending a DUI on Prescription Medication in Phoenix
A strong defense can challenge the evidence or the legality of the traffic stop. Defenses to a DUI on prescription medication in Phoenix include:
- Proving Non-Impairment: You can argue that any unusual behavior stemmed from something unrelated to medication, such as fatigue.
- Questioning Field Sobriety Tests: These tests can be flawed, particularly if you have medical conditions affecting balance or coordination.
- Explaining Proper Use of Medication: If you can show the medication was taken as prescribed, it could impact the case’s outcome, although it doesn’t guarantee a dismissal.
Practical Steps to Avoid a DUI on Prescription Medication in Phoenix
If you’re on medication that may impair driving, consider the following:
- Discuss side effects with your doctor.
- Avoid driving until you know how the medication affects you.
- Use rideshare services or ask someone else to drive if you’re unsure.
FAQs About DUI on Prescription Medication in Phoenix
- How do police determine if I’m impaired by medication?
- They use a combination of field sobriety tests, observations, and assessments from Drug Recognition Experts (DREs).
- Can I refuse a blood test in Arizona?
- Refusing a blood test results in severe penalties, including an automatic license suspension under Arizona’s implied consent law.
- Will my DUI charge be dropped if I have a prescription?
- Not necessarily. A prescription doesn’t excuse impairment while driving. The key is whether the medication affected your ability to operate a vehicle safely.
- What are the long-term consequences of a DUI conviction?
- You may face higher insurance rates, difficulties with employment, and a permanent criminal record.
- Can an attorney help reduce my penalties?
- Yes, a skilled DUI attorney may negotiate for reduced charges or penalties, particularly if the evidence is weak.
For more information or if you need help with your case, contact Arizona DUI Pros at (602) 922-3755. They specialize in defending against DUI on prescription medication in Phoenix and can guide you through your legal options.
