The Behan Law Group, P.L.L.C.


1-877-MISS-DUI / 1-877-647-7384

Se Habla EspaƱol
945 N. Stone Ave, Tucson, AZ 85705

Tucson Driving Under the Influence of Drugs Defense Attorneys

Cochise County Drug DUI Attorney

Drug DUI Defense Lawyers in Pima County

If you have a blood alcohol concentration (BAC) of .08 percent or more within two hours of driving or being in actual physical control of a vehicle, you may be charged with a DUI. However, you should also be aware that DUI charges apply to drugs as well as alcohol. If there is evidence that you were under the influence of a drug or medication to the extent that you were impaired to the slightest degree while driving, or if you have a controlled substance or its metabolite in your blood within two hours of driving, then you will likely be charged with a DUI.

Facing drug-related DUI charges can be a frightening prospect, but you do not have to resign yourself to a guilty verdict and harsh consequences. Contact the experienced attorneys of The Behan Law Group, P.L.L.C. at 520-220-5047 to learn what to do next.

Arizona Laws on Drug DUI

Under Arizona statute §28-1381, it is illegal to be under the influence of drugs while driving or in physical control of a vehicle. A driver may be charged with DUI if the police find they were in physical control of a car while they:

  • Had any amount of a controlled substance or its metabolite in their system;
  • Were impaired due to an over-the-counter (OTC) or prescription medication; or
  • Were impaired due to a combination of drugs and alcohol, whether or not they had a BAC of .08 percent or more.

What is a Drug According to Arizona Law?

Under Arizona's DUI statute, it is illegal for a person to drive or be in physical control of a vehicle while they have any drug defined in Arizona statute §13-3401 or its metabolite in their body. This statute includes controlled substances such as:

  • Cannabis/marijuana or any product containing tetrahydrocannabinol;
  • Products derived from coca leaves, including cocaine;
  • Hallucinogenic substances such as LSD;
  • Methamphetamine and other Illegal stimulants; and
  • Opiates such as heroin or morphine.

However, do not be fooled into thinking DUI charges only apply to illegal substances. Drivers can also be charged with DUI for impairment by over the counter or prescription medications.

How Will The Police Know You Are on Drugs?

Being arrested for a drug DUI is different than for an alcohol-related DUI. When police pull someone over on suspicion of drunk driving, they will likely ask the driver to perform one or more standardized field sobriety tests (FSTs). However, these tests have been studied for their accuracy in determining alcohol-related inebriation, not drug use. Additionally, a police officer may also ask a driver to blow into a roadside breath test machine for a preliminary BAC estimate, but these devices are unable to determine whether a driver has taken an illegal substance or prescription medication. There are very few well-tested and accurate roadside drug tests; however, cheek swab tests used to test for marijuana are growing in popularity.

Remember that you have the right to refuse to answer any questions or take any breath tests, cheek swab tests, or field sobriety tests. When asked to take a test, you should politely tell the officer that you will not do so without your attorney present.

Challenging Drug DUI Charges

Many officers use casual observations and experience to determine whether it seems like a driver is under the influence of drugs This type of basis for an arrest can be challenged in court. At The Behan Law Group, P.L.L.C., we are also able to challenge whether cheek swab and blood tests were lawfully administered and procedures were properly followed. We have experience reviewing scientific findings and investigating whether:

  • The test method has been proven to be accurate;
  • The test was properly administered by a qualified professional;
  • Any equipment used was in proper working order; and
  • Any saliva or blood samples were contaminated at any time.

We will thoroughly review your case, fight hard for an acquittal, and at the same time, find evidence that may minimize the consequences of any potential conviction.

Our Cochise County Drug DUI Defense Lawyers Can Help

If you are facing drug-related DUI charges in Arizona, contact the DUI defense attorneys at The Behan Law Group, P.L.L.C. today at 520-220-5047 to schedule a free consultation.

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