DUI Drugs in Arizona

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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. 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. 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 (can apply for restricted license after 30 days)
  • May be ordered to perform 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.
  • May be required to 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