I’ve been charged with a DUI for driving while using a Doctor prescribed medication

by Aaron Black • September 26, 2016
Doctor prescribed medicationDid you know that even though you have you are using a medication prescribed by your physician while operating a motor vehicle in Phoenix that it is possible to be convicted of a DUI? In most instances the state of Arizona will try to prosecute you for being “Impaired to the slightest degree.” Impaired to the slightest degree basically means that you are kind of tipsy.

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
  • Fines
$250 Fine
$210 Surcharge
$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)
If have been arrested for a DUI in Phoenix while using a Doctor prescribed medication, because of the severity of the penalties and potentially life-changing implications of a conviction I strongly encourage you to contact a DUI Defense Attorney.

For a free consultation click here to contact Aaron or call (480)729-1683.


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.
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