After your arrest, fighting a driving under the influence of drugs (DUID) charge is challenging, as you face stringent legal procedures. Typically, a DUI is already considered a serious crime because it exposes other road users to potential harm. Thus, a DUI of drugs may attract additional repercussions from the possession or use of drugs. Arizona laws are some of the strictest in the country in terms of drug DUIs. That is because the law doesn’t require you to have used the drug immediately before your arrest.
Consequently, you risk facing incarceration or paying high fines for drug consumption that may have occurred weeks before the DUI stop. This can affect your life adversely, especially if you have a family, you attend school, or work. Therefore, consulting a reputable DUI lawyer is recommended for the best legal services and support.
At Phoenix DUI Lawyers, we have worked with numerous clients facing drug DUI charges in Phoenix, Arizona, over the years. Our team is well equipped to handle each case based on its circumstances for the best possible outcome. Moreover, we dedicate ourselves to personalized legal services for all our clients to ensure your needs are adequately met.
Understanding the Nature of a DUID
A drug DUI, also known as a DUID, is a criminal offense associated with driving a vehicle under the influence of drugs. The offense is a variation of alcohol DUIs, which are more prevalent among motorists. Nevertheless, since drivers are also prone to abusing drugs before operating a vehicle, legislation exists to control the offense and prefer sentences where applicable.
The Arizona Revised Statute provides for the offense of drug DUIs under section 28-1381, where the law makes it unlawful to drive or control a car when under the influence of drugs. Therefore, legislation accords similar seriousness to the offense of a regular DUI, as both actions cause impairment to the driver in question.
Like any other crime, a drug DUI one has several elements that make it easier for law enforcement officers to arrest you after stopping you at the checkpoint. Since you will face criminal charges, the prosecutor is in charge of raising arguments against you in court based on the different elements. Moreover, he/she holds the burden of proof set in a criminal trial as "proof beyond reasonable doubt.”
Due to the high standards, most prosecutors will do their best to source sufficient evidence and arguments for use in court. Therefore, you want to understand what these various elements of crime entail to avoid them in the future and gauge the nature of a pending case. They include:
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Being Under the Influence of Drugs or a Combination of Drugs and Alcohol
Depending on the circumstances of your day-to-day activities, you may take drugs in various forms, leading to the presence of chemical toxins in your body. As a result, your mind undergoes various changes that affect neurotransmitters, leading to impaired judgment, vision, and mobility. Due to these effects, driving a vehicle is dangerous not only to you but also to other drivers on the road in an accident.
Law enforcement officers are, therefore, keen to establish whether you abused any drugs before handling the vehicle. You should note that the form of drug consumption does not matter, provided traces of the toxins are visible. Therefore, injecting, smoking, or ingesting the drugs will have the same effect and consequences after a drug DUI arrest.
The commonly abused drugs include:
- Cocaine
- Marijuana
- Psilocybin
- LSD (Acid)
- Methamphetamine
- Spice
- MDMA (Ecstasy)
- Heroin
Due to the high potency of most of these drugs, some law enforcement officers may find a probable cause for arrest immediately after observing or questioning you for a few minutes. Thus, when you avoid driving after consuming any of the drugs, you may evade charges and subsequent related offenses.
In some cases, the suspect will have undergone an episode of heavy indulgence where he/she mixes alcohol and drugs. Consequently, the person is likely to be severely impaired when the officers stop him/her. Moreover, the presence of two different combinations in the body could pose serious health risks. This makes it necessary to apprehend the person and issue safety precautions, even as police reports and charges are entered.
Since some prescription drugs also alter normal brain function, traffic officers may arrest you for driving after taking the medication. The circumstances are prevalent for patients under prescriptions for opioid treatment. Common examples of medication that cause significant brain changes after consumption include Oxycodone, Oxycontin, and Hydrocodone.
Due to the strict measures, we recommend asking a designated person to drive you after taking the medication to avoid any consequences while on the road. Despite the legality of using prescription drugs, you may still face legal repercussions if you knew about the effects you face but chose to drive.
Another set of circumstances includes where the defendant abuses the medication by taking larger doses. Naturally, the side effects are more potent, leading to the adverse impacts while driving. You may also face additional restrictions after arrest because you will have portrayed a dependency on the drugs, contrary to a doctor's directives.
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Knowingly Driving a Vehicle Under the Influence of Drugs
Apart from proving that you are impaired with a combination of drugs and alcohol, the prosecutor must also show that you wilfully drove the vehicle under the influence. To do this, he/she requires evidence from the investigation officers to determine that your actions were voluntary or that you knew of the harm in driving yet proceeded to do so.
Therefore, most sources of proof include surveillance footage showing you behind the wheel moments before you stopped at the DUI checkpoint. Since the events occurring after your stop imply that you were under the influence, the prosecutor will have shown your guilty engagement.
Alternatively, witnesses may testify in court to provide evidence against you, especially if they saw you driving when intoxicated. For example, if you took the drugs at a party or a social gathering, some people present may testify to seeing you leave the premises by driving while high.
Thirdly, the prosecutor should show that you operated the car and were not simply seated inside. The same sources of evidence mentioned above will be useful in showing that you engaged in the activity compared to merely staying in the car without moving it.
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Drug Test Results Indicate that You Were Intoxicated When Driving
Like alcohol DUIs, drug DUIs require law enforcement officers to authorize tests to source proof of your intoxication. However, you should note that the regulations guiding DUID tests are stricter because any traces of drugs found in the results may lead to criminal proceedings. In contrast, alcohol DUIs have a threshold blood alcohol concentration, meaning that you may avoid arrest if your BAC level is below the standard percentage limit.
Thus, abusing drugs puts you at a higher risk of arrest and facing criminal charges, especially if the test results indicate drug traces. Typically, the law enforcement officers will engage you in preliminary tests at the DUI checkpoint to confirm the need for subsequent blood or chemical test.
For example, you may be subjected to field sobriety tests that gauge your cognitive ability. You can expect the officers to instruct you on various physical abilities as they check for signs of brain impairment. Common field sobriety tests include having to walk in a straight line as a balance test. If you fail the test more than three times, the officers can rightfully form probable cause to apprehend you.
Moreover, some field sobriety tests include balancing your body on one leg for a short time or even answering simple logical questions. The traffic officers will apply these tactics to conduct a thorough investigation and determine your intoxication levels. If you were not under the influence, passing them will be easy, making it easier to raise a defense in court.
Additionally, the officers may require you to undertake a preliminary urine test that is likely to show traces of drugs in your system. The procedure is quick, and you will have the results in a few minutes at the checkpoint. Based on the outcome, you may face a subsequent arrest, especially if the traces are in high percentages.
Once the traffic officers form probable cause for arrest, they will transport you to the nearest station to administer the chemical blood test. The chemical test results are considered the main source of reliable evidence for use in court, so undertaking the test is necessary. However, you may choose to exercise your rights and refuse to take it, owing to various reasons.
Despite the allowance to skip the test, you will face the consequences for delaying the legal process. Normally, suspects who refuse to undertake the test may have their driving licenses suspended for up to one year. This leads to sentence enhancement in some cases, as the judge may have initially aimed to issue a lower sentence.
Furthermore, Arizona operates under the implied consent rule. Under this approach, all motorists in the state will have given law enforcement officers implied consent to administer tests at DUI checkpoints by driving. Thus, if you suspect that you may still have traces of previously consumed drugs, we recommend seeking alternative transportation means apart from driving yourself.
Refusal to submit to chemical tests may also work to your detriment, as the prosecutor may introduce the facts in court to show implied guilt. Typically, anyone who claims not to be intoxicated should be ready to submit to the test to clear up suspicion. Nonetheless, you may raise counter-argument to support your case, including a genuine fear of invasive procedures like using needles to draw blood for the test.
On top of this, you should note that some officers may impose the tests even when you are not necessarily intoxicated at the DUI stop. This may occur if you used the drug days, weeks, or even months before the check, as some drugs take a long time to clear in your system. Due to this, the officers can arrest you for previous indulgences that may not necessarily impair you at present.
Consequently, we recommend putting off driving in Phoenix for some time after consuming drugs because the consequences may follow you long after you ingested the drugs. You should also note that the officers do not necessarily have to rely on any signs of current impairment, provided the test results still indicate drug presence in your body.
Owing to the stringent regulations, most DUID defendants in court suffer legal consequences for previous activities. Working with a DUI lawyer to fight the charges is always a great choice, as you will have a decent chance of proving your case and possibly receiving leniency.
For example, if you were forcefully drugged a few weeks before your DUI check, your lawyer can represent your position in court. The argument may show that you did not drive under the influence of your wrongdoings. Nevertheless, the law generally expects all citizens to understand the possible repercussions of each offense, regardless of intentional or unintentional violations.
Penalties for Violating DUID Laws
After trial, the presiding judge determines whether you are guilty of a drug DUI. If the prosecutor adequately proved his/her case, you will face the subsequent sentence that includes penalties.
The Arizona Revised Statute provides sentencing guidelines for drug DUI offenses, but the judge may also exercise discretion based on various circumstances. You should note that drug DUIs attract both misdemeanor and felony penalties because of the varying intensity of the offense.
Despite this, first-time offenders are more likely to face misdemeanor charges compared to subsequent offenders. The exception arises if the first-time offender committed the offense with severe outcomes to others around him/her.
The expected penalties for first-time offenders are found under section 13-707 of the Arizona Revised Statute. Firstly you may face up to six months in jail for the offense. Alternatively, the judge may impose a fine penalty requiring you to pay up to $2500.
Some cases also result in the issuance of both penalties simultaneously, especially if you committed an aggravated offense. Court charges are also part of the total amount to pay after receiving a fine penalty. Thus, they may increase the total costs significantly, leading to some financial constraints.
Additionally, penalties include license revocation orders for the offender, limiting your driving liberties. These directives may last for up to one year without a chance to acquire the restricted driver's license issued to DUI offenders. As a result, driving with a revoked license is prohibited until the penalty time lapses, making it difficult for you to navigate your daily life.
The judge may also sentence you to compulsory drug therapy if he/she notices a recurrent pattern of drug abuse. The orders are more likely to be issued if you abused prescription pills or were found to have taken extremely high levels of another drug. The counseling programs should offer rehabilitative treatment and help you manage the urge to use drugs. Eventually, the goal is to reduce the number of people dependent on drugs, leading to a reduction in DUID cases.
Since counseling is mandatory, courts often assign a probation officer or any other authorized court personnel to supervise your adherence to the rules. Alternatively, the court may direct you to a specific counseling institution where the professionals regularly provide progress reports to the presiding judge. This way, you will need to attend all sessions for a successful case dismissal.
Lastly, you may also have to submit to random drug tests as a penalty for offenses. This penalty is often issued to repeat offenders who demonstrate a recurrent need to abuse drugs and drive. Since the judicial system should ensure adherence to the law for all persons found guilty, the judge may require the tests to prove changed behavior.
Aggravating Factors in DUID Cases
While some cases may include regular facts attracting standard penalties, others include aggravating factors leading to sentence enhancements. This is because the presence of these factors leads to worse circumstances in the parties involved in your DUID violation. Consequently, you will be responsible for additional outcomes, including driving under the influence. Common aggravating factors for drug DUIs include:
Causing Death or Severe Injuries to Third Parties from Intoxication
As discussed, consuming drugs in any form or combination with alcohol will severely reduce your cognitive brain function. Thus you will face a challenge in controlling your actions or even acknowledging what you are doing at any time. Additionally, drugs may impair your vision or cause vivid hallucinations that cause dramatic reactions.
Facing these side effects when driving may therefore cause accidents to other motorists or pedestrians. Further, adverse cases lead to the death of victims of severe injuries that could cause permanent conditions.
Due to the severity of the outcomes, the judge will enhance your sentence to cater to the victim's needs. For example, you may have to pay expensive fees as restitution to the affected victims or their loved ones in case of death. After settling payments, you are also likely to face a longer jail sentence or separate charges like vehicular manslaughter.
Possessing Drugs in Your Car or on Your Body
Moreover, while a drug DUI already warrants penalties for the offender, possession of the drugs is an aggravating factor in your case. This is because the possession often intends to continue abusing the drugs, especially if the traffic officers had not stopped you. The drugs found in your car or on you may also indicate that you continuously consumed them when driving, increasing safety risks to you and others.
Subsequently, the judge will enhance your sentence on top of making preliminary orders. For example, your mandatory drug counseling sessions may be extended. Alternatively, your license revocation period will surpass the one-year limit, giving you a harder time navigating your city.
Sometimes, you may also face separate charges of drug possession as provided in section 13-3408 of the Arizona revised statute. If the trial concludes in the prosecutor's favor, you will receive class 4 penalties, including paying a fine of up to $750. Alternatively, you may face a jail sentence lasting up to two and a half years.
Possession of Weapons in Your Car or On your Body
Further, having weapons like guns and pocket knives in a DUI checkpoint could aggravate your case, as they often indicate an intention to commit additional crimes. Thus, on top of being intoxicated, the weapons will give the officers and judge a bad impression on your matter, leading to a sentence enhancement.
However, you can justify your possession of weapons like guns if you are a licensed holder. This way, you will be justified in retaining the gun in your car if it is your preferred storage location.
It is important to note that prior criminal convictions may also aggravate your case, especially for committing the same offense. Nonetheless, some judges may set presumptions aside and assess the current case facts for a final determination.
Defenses for a DUID Charge
Your DUI lawyer plays the vital role of presenting defenses on your behalf to persuade the judge to find you innocent or at least issue lenient sentences. Common defenses for DUID charges include:
- Lack of probable cause for arrest
- There was improper handling of drug test samples, leading to inaccurate results
- You suffered from police misconduct like duress, coercion, and planting evidence
Contact a Phoenix DUI Lawyer Near Me
A drug DUI charge can change your life significantly, depending on the accusation you face. For example, reintegration into your community after release from jail may be challenging because of the prejudice associated with drug use. On top of this, your criminal record may sabotage prospective opportunities in your career or academic life, making survival more difficult.
Due to all the potential disadvantages, you want to take your DUID charges seriously and work with a skilled and well-experienced lawyer. In doing this, you will increase your chances of receiving a favorable outcome in court compared to personal representation.
Choosing Phoenix DUI Lawyers to represent you and help you navigate the various processes like a DUID hearing, gives you the chance to present a strong defense in court. We believe in conducting due diligence and representing our clients to the best of our abilities using persuasive defenses.
Moreover, we are ready to handle any preliminary processes on your behalf to help you prepare adequately for the main trial when the time comes. If you or a loved one face DUID charges in Phoenix, Arizona, reach us today at 888-888-8888.
