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.

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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