Can I get a DUI while on my prescription medication?

by Aaron Black • February 15, 2012
In Arizona it is possible to be convicted of a DUI even if you have a prescription for your medication or pills. The state will try to prosecute you for being impaired to the slightest degree. This is why it is important to hire an experienced DUI attorney in Phoenix in order to have your best chance at having a winning defense.

“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."

With two DUI charges against you, the prosecutor has two chances of convicting you of basically the same thing. However, the punishment for both charges are exactly the same. You cannot get double punished.

There are many defenses to prescription medication or pill DUI charges:

  1. The doctor said you could drive
  2. There was only a therapeutic amount of the prescription medication in your system
  3. No signs of bad driving
  4. Having a prescription for the medication or pills
  5. Tolerance levels acquired for the medication
  6. No blood drawn, only a urine sample
If you have been charged with a prescription medication or pill DUI in Phoenix, contact DUI attorney Aaron Black at 480-729-1683 for a free consultation. A conviction for prescription medication or pill DUI carries a minimum punishment of 10 days in jail with 9 days suspended and the loss of your driver's license for one year!

Aaron Black is recognized as a 2012 Southwest Super Lawyer Rising Star in Criminal/DUI Defense. He has been recognized by his peers as the top 2.5% of defense lawyers in Arizona and New Mexico under 40 years old!