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DUI Marijuana has already been discussed in that section. One can be charged with a DUI for having an illegal drug in the system, even if not impairing at the time. One can also get a Dui for driving with a prescription drug on board, but conviction depends on proof of impairment.
What Happens After Someone Is Pulled Over On Suspicion Of Drug DUI?
If pulled over, and a police officer suspects drug involvement, he/she will start quizzing you about that. Do not discuss any drugs or medication, you don’t have to. Dui drugs is harder to prove especially if prescription drugs. The Police rely on you to help them convict you. Say nothing and ask to call us immediately. Police may ask you to perform the same field sobriety tests as with alcohol. Don’t do it, it is NOT required and there is no penalty for refusing. These tests have been studied for decades as they relate to a blood alcohol level, not impairment, and not for drugs. Because they are difficult, cops will try and relate anything other than perfect performance to impairment. There are no credible studies to so relate.
If arrested, ask to call us immediately. The next step is a so called Drug Recognition Expert. These are police who have gone through extra training and believe they can give you more unscientifically validated tests to guess what you are on. If you tell them, they will guess that. Don’t do these tests. The next step is a blood test. Because you have been arrested and they want your blood, you must agree or face a one year suspension, they get an electronic warrant, and get it anyway.
What Are The Penalties Associated With Drug DUI in Arizona?
DUI drug penalties are basically the same as alcohol DUI except, there is potentially a one year license revocation. As of 2017, no interlock is allowed or required for this type of revocation. It is one flat year, no driving.
What Is The Role Of Science In A Drug DUI Case?
Science is more involved in the drug cases because of the blood analysis. Say for example, that you have a prescription for Xanax and you take it as prescribed. The blood will report out with a level of Nano grams per deciliter. There are published ranges which can give a therapeutic range. In other words, if the drug is doing what it is supposed to do, it should be within that range. The range is very broad. Experts are used in this type of trial. Also remember that most state analysts are not well versed in drug impairment and won’t give an opinion, especially if the drug is within therapeutic range. If the Xanax is doing what it is supposed to, it is helping, not impairing. Fascinating cases.
For more information on Drug DUI Cases In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 897-8737 today.