Can I get a DUI for driving while using my prescribed medication?

by Aaron Black • May 06, 2016
In Phoenix it is possible to be convicted of a DUI even if you have been prescribed the medication by your physician. In most instances the State will try to prosecute you for being impaired to the slightest degree.

“Impaired to the slightest degree,” in simple terms, means that you are kind of tipsy. What few people know is that when you are arrested for DUI in Phoenix, Arizona, you are always charged twice. First for being over the legal od a .08 BAC and the second charge falls under Arizona Revised Statute 28-1381(a)(1) for driving or being in actual physical control of a vehicle while under the influence of an intoxicating substance and "impaired to the slightest degree."

There are many defense stances that can be taken on your behalf if you have been charged with a DUI while using prescription medication.

Typical DUI defense stances include:

  • Your physician gave you the ok to drive while taking the medication
  • There was only a therapeutic amount of the prescription medication in your system
  • You displayed no signs of driving erratically
  • You have a prescription for the medication or pills
  • Tolerance levels have been acquired while using the medication
  • The Police did not do a blood draw instead they only took a urine sample
If you have been charged with a DUI while on a Doctor prescribed medication I strongly encourage you to contact a DUI Attorney. Because of the severity of penalties and potentially life-changing implications of a conviction, it is essential to speak with an experienced Attorney who has a clear understanding of the complexities of DUI laws in Phoenix.

The Law Office of Aaron Black is a respected Phoenix DUI lawyer and Aaron’s ultimate goal is to achieve the dismissal of your criminal case. Though most cases resolve short of trial, favorable outcomes are often obtained through intensive pretrial investigations. I do not employ associates or law clerks as I personally represent each of my clients and I will never recommend a guilty plea unless there is a substantial benefit to my clients that could not be gained any other way.

If you are in need of a Phoenix DUI lawyer, contact Aaron or call to set up a free consultation today at 480-729-1683.

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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