Drug DUI

Drug DUI Attorney in Phoenix

In Phoenix, Arizona, driving under the influence (DUI) extends beyond alcohol and encompasses a broad spectrum of drugs. Whether you've consumed marijuana, cocaine, or even prescription medications, driving can lead to severe penalties, including jail time and substantial fines. However, a charge doesn't guarantee a conviction. The prosecution must prove the DUI allegations beyond a doubt, and any uncertainties could reduce or dismiss the charges. Given the stakes, it's essential to consult a seasoned Phoenix DUI defense attorney.

If you're faced with a drug DUI charge in Phoenix, our board-certified criminal law firm stands ready to assist. We offer unparalleled representation and a commitment to safeguarding your rights. Being a board-certified specialist means that Chad Pajerski upholds a higher standard of efficacy and commitment than many other defense practices across Arizona.

Our dedication lies in collaborating intimately with you to safeguard your rights and strive for the most favorable outcome, considering your case's details. We extend a free consultation to help you navigate your options and comprehend the potential outcomes. Don't let uncertainty deter you – reach out to us promptly to schedule a free consultation.

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What is a Drug DUI in Arizona?

Arizona law provides an extensive list of drugs in its DUI statutes. As per the Arizona Revised Statutes section 13.3401, there is a comprehensive list of substances that can be the basis for a drug DUI. Some of the more common drugs that often lead to drug DUI charges include:

  • Marijuana (cannabis, bud, ganja, weed):
    Despite changing laws regarding the recreational and medicinal use of marijuana in many states, driving under its influence can still lead to a DUI charge in Arizona.
  • Cocaine:
    Derived from coca leaves, cocaine is a stimulant drug that can impair judgment, reaction time, and motor skills.
  • Codeine, Heroin, Oxycodone, and Morphine:
    All of these are opioids that can significantly impair driving ability by causing drowsiness, slow reaction time, and altered perception.
  • Methamphetamines & Amphetamines:
    Stimulant drugs that can result in erratic or aggressive driving, reduced ability to concentrate, and impaired judgment.
  • Nitrous Oxide:
    Often referred to as "laughing gas" and sometimes used recreationally, nitrous oxide can impair motor functions and distort perception.
  • Peyote (Mescaline):
    A hallucinogenic substance that can severely impair perception, judgment, and motor coordination.
  • Opium:
    Another narcotic that can cause drowsiness, slowed reaction time, and altered perception.
  • Ecstasy (MDMA):
    A psychoactive drug that can alter mood, perception, and impair motor function.

It's crucial for drivers in Phoenix and throughout Arizona to understand that the laws surrounding drug DUIs are strict and can have significant consequences. Being knowledgeable about these laws can help in making informed decisions and preventing unintentional violations. If someone is using medication, even if it's prescribed, it's always a good idea to check with a doctor or pharmacist about its potential effects on driving.

Penalties for Drug DUI in Phoenix, AZ

The state of Arizona is known for its stringent DUI laws, and this extends to drug DUIs. When someone is charged with a drug DUI, the severity of the penalty can vary depending on a few factors:

  • Misdemeanor or Felony?:
    Drug DUIs can be prosecuted either as a misdemeanor or felony, depending on various factors such as the presence of drugs or paraphernalia, the amount of the substance, prior convictions, and specific circumstances of the arrest.
  • Additional Charges:
    If the police discover drugs or drug paraphernalia on an individual or within their vehicle during a DUI stop, this can lead to additional charges related to drug possession and paraphernalia possession. These charges can carry their own set of penalties, potentially exacerbating the legal consequences faced by the individual.

For First-Time Offenders:

A first-time drug DUI offender is typically charged with a Class 1 Misdemeanor. According to ARS section 13.707:

  • Presumptive Sentence:
    The default penalty can be up to six months in jail and/or fines not less than $250.
  • Potential Reduction:
    With the representation of a knowledgeable DUI attorney, it's possible for some offenders to get the penalties reduced, especially if there are mitigating circumstances. In some cases, jail time might even be avoided entirely.

For Repeat Offenders:

The penalties increase for those who have prior similar convictions. The Arizona Revised Statutes, in ARS § 13.707, clarify that an individual aged 18 or older convicted of any misdemeanor (excluding traffic offenses) who has had one or more of the same misdemeanors within the last two years will face an elevated charge:

  • Elevated Charge: The individual will be sentenced as if they committed the next highest offense. In the context of DUIs, a person with prior DUI convictions can be charged with a Class 6 Felony for a subsequent DUI.
  • Presumptive Sentence for Class 6 Felony: Those convicted can face prison time ranging from 1.5 to 2 years. In addition, there will be a minimum fine of $750.

It's essential to understand that these are the presumptive sentences and potential outcomes. The actual outcome of any case can vary based on a multitude of factors, including the specific facts of the case, the presence of any aggravating or mitigating circumstances, the quality of the legal representation, and the policies and attitudes of the local prosecutors and judges.

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Contact an Experienced Drug DUI Defense Attorney in Phoenix

In Phoenix, while some drugs might be legal for medical or even recreational purposes, driving under the influence of any drug is still considered a grave offense with significant legal repercussions. Understanding drug DUI laws, including the nature of impairment and potential consequences, is indispensable for anyone in Phoenix. If you have experienced a drug DUI charge, immediately seeking qualified legal representation is paramount for safeguarding your rights and potentially mitigating the penalties.

For those needing adept legal support for a drug DUI case in Phoenix or the broader area, our board-certified law firm stands as a beacon of expert legal advocacy. Don't delay in reaching out to us. Schedule a complimentary consultation today, and take that pivotal step towards preserving your rights and shaping a secure future.

Criminal Defense Attorney Chad Pajerski
Board Certified Specialist in Criminal Law
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The information you obtain at this site is not, nor is it intended to be, legal advice. Pajerski Law's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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