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.
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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