Stop sign with DUI and marijuana leaf DUI Drugs

A DUI doesn’t necessarily involve alcohol. A driver in Arizona can be charged with a DUI resulting from drugs under two laws. One is DUI in the Slightest which requires actual impairment. The other law does not require any actual impairment. Both are discussed below.

DUI in the Slightest with Drugs

The first way a driver can get a DUI from drugs in Arizona is called “DUI in the Slightest”. This requires three things:

  1. That the driver have drugs in his or her body.
  2. That the driver is actually impaired.
  3. That the driver is in actual physical control of a motor vehicle.

You can get a DUI in the Slightest even if you legally obtained and consumed the drugs (even if you have a prescription). This is just like legally buying alcohol and then driving while you are impaired.

See A.R.S. 28-1381(A)(1) for the actual language of the law.

DUI Drugs

The second way a driver can get a DUI with drugs in Arizona does not require any impairment. It only requires:

  1. That the driver has drugs in his or her body.
  2. That the driver is in actual physical control of a motor vehicle.

See A.R.S. 28-1381(A)(3)  for the actual language of the law.

A.R.S. 13-3401 contains a list of all of the drugs that will get you a drug DUI. The list includes legal, illegal, and prescription drugs.

Possible Penalties for a DUI Involving Drugs

  • Class 1 Misdemeanor Conviction
  • Not less than 10 consecutive days in jail (9 days may be suspended if the driver completes court-ordered drug or alcohol screening). A class 1 misdemeanor carries the potential for up to 6 months of jail.
  • Fines in excess of $1,500
  • 90 day license suspension
  • May be ordered to perform (can apply for restricted license after 90 days)
  • community service (restitution)
  • Alcohol or drug screening
  • Attend Traffic Survival School
  • 8 points on the driver’s license
  • SR-22 Insurance Certificate requirement for 3 years.

When there is no alcohol involved in the DUI, an ignition interlock device is not required, however the court has the discretion to order that a driver install an ignition interlock device.

If the driver had a prior DUI conviction of any variety in the preceding 7 years, there will be additional penalties:

  • Not less than 90 days in jail, 30 of which must be served consecutively. Up to 60 days may be suspended.
  • About $3,000 in additional fines
  • 1-year license suspension (may be able to get a restricted license after 45 days).
  • 30 hours of community service