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.
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!
“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!
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.
