Can I get a DUI while on my prescription medication?
“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:
- The doctor said you could drive
- There was only a therapeutic amount of the prescription medication in your system
- No signs of bad driving
- Having a prescription for the medication or pills
- Tolerance levels acquired for the medication
- No blood drawn, only a urine sample
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!