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Pima County Prescription Medication DUI Defense Lawyers
Devoted Law Firm Assisting Clients Charged With Driving Under the Influence of Prescription Medication in Tucson
Arizona law states that it is illegal to drive or be in actual physical control of a vehicle while impaired due to any drug – even if the drug was lawfully prescribed to you by a doctor. If you have been arrested and charged with driving under the influence (DUI) of a prescription medication, you should contact the DUI defense lawyers at The Behan Law Group, P.L.L.C. at 520-220-5047 to learn about how we can help you fight these charges and protect your reputation and freedom. Our attorneys are here to look out for your best interests, keeping you informed of your options throughout your case and advocating for you in a court of law.
Arizona Law on Prescription Drug DUIs
Based on Arizona statute §28-1381, you can be convicted of a DUI for driving or being in actual physical control of a vehicle "while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if [you are] impaired to the slightest degree." All it takes is for a prescription drug or an over-the-counter (OTC) medicine to diminish your physical or cognitive capabilities for a few minutes.
Many prescriptions and OTC drugs like painkillers, antihistamines, anti-diarrheal products, and anti-nausea drugs specifically warn that they can make you drowsy. The effect is so common and potentially significant that the U.S. Food and Drug Administration has published warnings against driving while using fatigue-inducing medications. However, just because you took a prescription or OTC drug before driving does not mean your abilities were impaired or that you are guilty of a DUI. When facing these serious charges, it is important to have an attorney on your side who is trained in reviewing scientific evidence and experienced in litigating these issues.
Defending Against a Prescription Drug DUI
Whether or not you were impaired by a prescription or OTC drug is rarely crystal clear. You may have been arrested based on the police officer's casual observations or gut feeling – not because the facts pointed to impairment. The lawyers at The Behan Law Group, P.L.L.C. can challenge the legality of your initial stop and your arrest in order to seek the dismissal of the charges.
Unlike a standard alcohol DUI charge, there is no measure of BAC or an equivalent to tell if somebody is under the influence of a prescription drug. In these cases, law enforcement officers may use field sobriety tests to look for evidence of impairment. However, standardized field sobriety tests are not always accurate, as the results can be impacted by external factors like a pre-existing medical isue or poor conditions on the roadway.
If you took your prescription or used an OTC drug as prescribed or recommended, you did not do anything inherently wrong. We can use this fact to fight to have the charges dropped or for the judge or jury to find you not guilty. Our attorneys will conduct a thorough investigation into your situation to find weaknesses in the state's case and to find evidence that is beneficial for your defense. We will use this information to make every possible argument for your innocence and also to minimize the potential consequences of any conviction.
Prescription Medication DUI FAQs
Answer: Under Arizona law, you can be charged with DUI if you are “impaired to the slightest degree” by alcohol or drugs. This means that you could get pulled over and arrested for DUI if a prescription medication allegedly caused you to be unable to drive safely.
Answer: Yes, you can face DUI charges even if you were driving with a legally prescribed medication in your system. Arizona law notes that having a prescription to use a drug is not a defense if it impairs your driving in any way.
Answer: A prescription medication DUI is charged the same as an alcohol DUI in Arizona. A first offense is a class 1 misdemeanor, which is punishable by up to six months in jail.
Answer: According to Arizona law, you can be charged with DUI if you operate a vehicle with “any combination of liquor, drugs or vapor releasing substances if [you are] impaired to the slightest degree.” This is an important distinction, because it means you do not have to be drunk to be charged with DUI.
Answer: Yes, over-the-counter medicine can result in DUI charges in Arizona if there is evidence to suggest that you were not able to safely drive while under its effects. Police could cite evidence such as weaving between lanes, unconsciousness behind the wheel, or other erratic driving behaviors as evidence to support a DUI charge.
Answer: Any medication with side effects such as drowsiness or loss of bodily control could lead to a DUI charge. This could include certain allergy medications, painkillers, stimulants, or antidepressants.
Answer: A DUI charge, whether it involves alcohol or prescription medication, carries harsh penalties in Arizona. In addition to class 1 misdemeanor punishments, anyone arrested for DUI could have their license suspended for 90 days or longer.
Answer: There are many possible defenses an attorney can use to fight a prescription DUI charge. One method involves challenging the officer’s observations and questioning the supposed evidence of impairment. For example, swerving or drifting could be attributed to bad weather conditions or poor visibility rather than the effects of a prescription medication.
Answer: Police often use field sobriety tests to gauge impairment in prescription DUI cases. These voluntary tests attempt to gauge a driver’s coordination, ability to follow instructions, and balance.
Answer: Field sobriety tests are not always reliable indicators of impairment in prescription DUI cases. Indications of impairment based on these tests can have other explanations, like nervousness, pre-existing medical conditions, or uneven footing on the road.
Answer: If you have been arrested for a prescription drug DUI, the best thing you can do is to seek legal help from an attorney as soon as possible. A DUI defense lawyer can inform you of your rights and start building your case early.
Answer: If you took your medication as prescribed, it could support your defense in a prescription drug DUI case. However, simply being permitted to take a prescription drug does not mean that the prosecution will overlook evidence of impairment.
Contact Our Graham County DUI Defense Lawyers
Even if no alcohol was involved in the incident, prescription drug DUI can come with serious legal consequences. If you have been charged with a DUI based on the effects of a prescription medication or OTC drug, contact the DUI defense attorneys at The Behan Law Group, P.L.L.C. today at 520-220-5047. We serve clients throughout Pima County, Cochise County, Santa Cruz County and Pinal County.
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