Facing a DUI in Maricopa County while taking a Prescribed medication?

by Aaron Black • October 26, 2017
“Impaired to the slightest degree,” in simple terms, means that you were categorized as being “kind of tipsy.” With that being said it is possible to be convicted of a DUI while using medication that was physician prescribed. In most instances, the State will try to prosecute you for being impaired to the slightest degree.
 
If you are charged with being “impaired to the slightest degree” in Maricopa County you could face jail time, fines, license suspension and a year of dealing with the IID (ignition interlock) on your vehicle.

Did you know you are always charged twice for a DUI?

What few people know is that when you are arrested for DUI in Phoenix, Arizona, you will always face two charges.
  • The first charge is the result of being over the legal limit of a .08 BAC (Blood Alcohol Content) 
     
  • The second charge falls under Arizona Revised Statute 28-1381(a)(1).  The statute states that you can be charged with driving or being in actual physical control of a vehicle while under the influence of an intoxicating substance and "impaired to the slightest degree." 
Because of the severity of penalties and potentially life-changing implications of a conviction, it is essential to speak with an experienced DUI Defense Attorney in Maricopa County who has a clear understanding of the complexities of DUI laws in Phoenix. If you have been charged with a DUI while taking a prescribed medication, many defense stances can be taken on your behalf.

DUI defense for impaired to the slightest degree

  • 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 did not display signs of driving erratically
     
  • You have a prescription for the medication or pills
     
  • You have acquired tolerance levels while using the medication
     
  • Instead of a blood draw, the Police only took a urine sample

Personal legal representation

If you have been charged with a DUI while taking prescription medication, contact the Law Office of Aaron Black or call to set up a free consultation today at 480-729-1683.

I represent each of my clients personally and will never recommend a guilty plea unless there is a substantial benefit to my clients that could not have been gained in any other way.

 

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.
 
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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