I’ve been charged with a DUI for driving while using a Doctor prescribed medication
What few people Phoenix know is that when you are arrested for DUI you are always charged twice. The first charge is for being over the legal limit of .08 BAC (Blood Alcohol Content.)
The second charge is 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."
The second charge falls under the Arizona Revised Statute 28-1381(a)(1). Click here to learn more.
As a DUI Defense Lawyer I know that there are many defense stances that can be taken on your behalf if you have been charged with a DUI while using a Doctor prescribed medication.
Typical DUI Defenses
- Your Doctor 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 Doctor prescribed prescription for the medication or pills
- You have acquired tolerance levels while using the medication over time
- The Police only tested your urine rather than having your blood drawn
Penalties for 1st Time Misdemeanor DUI (under .15 BAC (Blood Alcohol Content)
- Minimum jail 10 days jail, but 9 may be suspended
- Maximum Jail – 6 months
$500 Prison Fund
$500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
- 90 day License Suspension
- Possible Probation up to 5 years
- Alcohol / Drug Screening & Classes
- Possible community service
- Pay for jail incarceration
- Possible monthly probation fees
- Possible SR22 insurance
- 1 year Ignition interlock (6 months beginning January 1, 2012)
For a free consultation click here to contact Aaron or call (480)729-1683.