If you’re asking, “Is it possible to get a DUI for driving on prescription medication in Tucson?”, the short answer is yes. Arizona has strict DUI laws that apply not only to alcohol and illegal drugs but also to prescription medications that impair your ability to drive. At Arizona DUI Pros, we’ve helped many clients facing charges for a DUI for driving on prescription medication in Tucson. If you need experienced legal help, call us at (602) 922-3755 today.
Understanding DUIs for Driving on Prescription Medication in Tucson
Arizona Revised Statutes (ARS) §28-1381 outlines the state’s DUI laws. These laws prohibit driving under the influence of alcohol, illegal drugs, or any medication—prescription or otherwise—if it impairs your ability to operate a vehicle safely. Even if you’re following your doctor’s instructions, you can still face a DUI for driving on prescription medication in Tucson if the medication affects your coordination, reaction time, or judgment.
Certain prescription drugs, such as opioids, benzodiazepines, and sleep aids, are known to impair driving abilities. For example, medications like oxycodone or alprazolam (Xanax) may cause drowsiness, slower reflexes, or dizziness, increasing the risk of an accident. In Tucson, law enforcement actively monitors for any signs of impairment, even if the substance involved is a legally prescribed medication.
Hypothetical Scenarios
Scenario 1: The Overprescribed Driver
Sarah, a Tucson resident, is recovering from knee surgery. Her doctor prescribed oxycodone to manage her pain, and she has been taking it as directed. On a sunny afternoon, Sarah takes her medication before driving to a follow-up appointment with her orthopedic surgeon. While merging onto a busy street, she becomes slightly disoriented and misjudges the distance to the vehicle in front of her, causing a minor rear-end collision.
When officers arrive at the scene, they observe that Sarah’s eyes appear glassy, and her speech is slightly slurred. She explains that she has a prescription for oxycodone and has been taking it as directed. However, under ARS §28-1381(A)(1), Arizona law prohibits driving if a person is impaired to the slightest degree by any substance, including prescription medications. Sarah is asked to perform field sobriety tests, which she struggles to complete, citing dizziness and fatigue as factors.
A subsequent blood test reveals therapeutic levels of oxycodone in Sarah’s system. Despite the legality of her prescription, the officer determines that her medication likely impaired her ability to drive safely. Sarah is charged with a DUI for driving on prescription medication in Tucson, leaving her to face potential penalties such as fines, a suspended license, and mandatory DUI education programs.
In Sarah’s case, her defense might focus on arguing that the therapeutic levels of oxycodone in her blood did not cause impairment. However, the prosecution could counter by emphasizing her inability to safely control her vehicle, referencing ARS §28-1381(A)(1). Legal representation, like that offered by Arizona DUI Pros, is essential for challenging the evidence and achieving the best possible outcome.
Scenario 2: The Cautious Yet Unlucky Driver
John, a Tucson school teacher, has been prescribed alprazolam (commonly known as Xanax) to manage his anxiety. He is well aware of the medication’s potential to cause drowsiness and usually avoids driving for several hours after taking it. One evening, John takes his medication as prescribed and, after waiting a couple of hours, decides to drive to a nearby store to pick up dinner for his family.
On his way back, a police officer notices that one of John’s taillights is out and pulls him over for the equipment violation. During the stop, the officer observes that John seems slightly lethargic and his responses to questions are slower than expected. Concerned that John may be impaired, the officer asks him to step out of the car and perform field sobriety tests. Although John does his best, he stumbles slightly during the walk-and-turn test, and the officer decides to administer a blood test.
The test results show therapeutic levels of alprazolam, but Arizona law under ARS §28-1381(A)(3) states that the presence of any drug, including prescription medications, can result in a DUI if the driver is impaired. Even though John’s medication was legally prescribed and taken at a therapeutic dose, the officer concludes that it affected his driving ability. John is charged with a DUI for driving on prescription medication in Tucson.
John’s case demonstrates the subjective nature of impairment evaluations. His defense could focus on showing that his slow responses were due to fatigue or anxiety, rather than impairment caused by alprazolam. Arizona DUI Pros would work to highlight potential flaws in the officer’s observations or the testing methods, ensuring that John’s rights under ARS §28-1381(A)(3) are upheld.
FAQs About DUI for Driving on Prescription Medication in Tucson
1. Can I be charged with a DUI even if my medication is legally prescribed?
Yes, Arizona law focuses on impairment, not whether the substance is legal. You can be charged with a DUI for driving on prescription medication in Tucson if it affects your driving.2. What are the penalties for a DUI involving prescription medication?
Penalties include fines, license suspension, mandatory education programs, and potentially jail time, similar to alcohol-related DUIs.3. How can Arizona DUI Pros help with my case?
Our attorneys will analyze the evidence, challenge blood test results, and build a defense tailored to your situation. We specialize in defending against charges like a DUI for driving on prescription medication in Tucson.4. Is a valid prescription a defense against a DUI charge?
No. Arizona law explicitly states that having a prescription doesn’t exempt you from DUI charges if you’re impaired.5. Should I tell an officer I’m taking prescription medication?
Be polite but avoid self-incrimination. Consult an attorney before discussing medication use with law enforcement.
ARS Statutes Relevant to Prescription Medication DUIs
Several sections of ARS §28-1381 apply to charges of a DUI for driving on prescription medication in Tucson:
- ARS §28-1381(A)(1): Prohibits driving under the influence of any substance if impaired to the slightest degree.
- ARS §28-1381(A)(3): Covers the presence of drugs, including prescription medications, in a driver’s system.
- ARS §28-1381(H): States that a valid prescription doesn’t exempt a driver from DUI charges.
Understanding these statutes is crucial for anyone charged with a DUI related to prescription medication.
Conclusion
Facing a DUI for driving on prescription medication in Tucson is a complex and serious matter. Arizona’s DUI laws under ARS §28-1381 are strict, holding drivers accountable for any impairment, even if caused by legally prescribed medication. This means that even when taken as directed, medications like oxycodone, alprazolam, or sleep aids can lead to serious legal consequences if they affect your ability to drive safely.
At Arizona DUI Pros, we understand the challenges these charges bring and the uncertainty they create for individuals who may feel they were acting responsibly. Our team has the knowledge and experience to navigate the intricacies of Arizona’s DUI laws, examine the evidence, and build a strong defense tailored to your unique situation. Whether it’s challenging field sobriety test results, questioning the officer’s observations, or disputing blood test accuracy, we’ll leave no stone unturned.
If you’ve been charged with a DUI for driving on prescription medication in Tucson, don’t face it alone. Contact Arizona DUI Pros at (602) 922-3755 to discuss your case and protect your rights. With the right legal strategy, you can fight the charges and protect your future.
