DUI Drugs For Prescription Medication

Even if you have a prescription for medication, Police can charge you with DUI drugs.  The crime of DUI for Prescription Drugs is set forth under A.R.S.§28-1381(A)(1).  This offense requires the person be under the influence, i..e., their ability to drive is impaired, of/by prescription medication.  Police typically will cite people for this offense if the mediation contains any warning about driving.

The prosecution must be able to show impairment to get a conviction for DUI Drugs where the drug is actually prescribed medication.  This is typically done by having a police officer testify that a person failed field sobriety and or a drug recognition examination.  A person whos is convicted of DUI Drugs will have their license revoked for one year.  This means no driving at all.  Further, reinstetment of the person’s driver’s license is discretionary.

These cases can be one. In fact just this week, I had
a client charged with a first offense DUI Drugs in Gilbert City Court.  Police arrested my client when they found him curb side attempting to repair his vehicle after crashing it into a curb and blowing out his tire.  I was able to get the DUI dismissed and had my client receive a Reckless Driving conviction.  This allowed him to avoid jail and an ignition interlock.  It also reduced his fines significantly.  However, the most important this was it allowed him to avoid the one year revocation of his license.

It is a good thing he did not simply give up and throe in the towel.  Remember, you should always consult an attorney if you are charged with any DUI.

Many times people do not know what can lead to a dismissal or reduced charges in their DUI case.  Recently, I got a DUI Drugs [A.R.S. 28-1381(a)(3)] case dismissed after the judge suppressed my client’s admission that he had smoked Marijuana.  Because the admission/confession was obtained illegally, the judge suppressed the statements and the “fruits thereof.”  This meant that all resulting evidence (including the blood sample) following my client’s illegal confession were suppressed.

Because the essential evidence the state needed to prove their case was suppressed, the State dismissed their case.  This was very beneficial for my client.  Because, if he had been convicted, this would have been his second offense within 7 years, and he would have had to serve 30 consecutive days in jail and his license would have been revoked for one year.  Fortunately, the judge was protecting our constitutional rights as citizens at large when he determined the manner in which the officer obtained the confession was illegal.  The judge viewed the case from the big picture of protecting our society and community in general from unconstitutional law enforcement practices.

Legal issues like these are why people charged with DUI should always consult an exeprienced DUI lawyer about their case.   In most cases, you can get a free initial consultation.  Therefore, there is no reason you should plead guilty without first consulting a DUI lawyer about your case.

Justice Under Our Constitution Prevails

But I was Not Driving, How Could I get A DUI?

Yes, You Can Get A DUI Even If You Were Not Driving

A common DUI question is whether a person can be charged or convicted of a DUI even if they were not driving when they were cited for DUI.  This typically happens when people are parked in a parking lot getting ready to leave or waiting for somebody.  I have seen it happen when people pull off the road because they think they may have had too much to drive.

That bad news is yes, you can be charged, cited and or arrested for DUI even if you were not driving when the police contacted you.  The good news is that it is that it may be difficult fr the prosecutor to convict you of DUI if you were not driving when the police contacted you.  If you are in this situation, I highly recommend you get an experienced DUI Lawyer to help you as you have a very good defense.

DUI cases that involve people not driving are commonly called Actual Physical Control cases and are referred to as APC cases. Driving is easy to understand, either your in motion or not.  Actual physical control of a motor vehicle applies when your vehicle is parked.  This can be if your just sitting in your car with engine running trying to stay warm until your ride comes.  It can be pulling of the road, shutting the car off but leaving the keys in the ignition.  I have heard of prosecutors claiming actual physical control when the engine was off, keys were out of the ignition on the passenger seat.

DUI prosecutions arise even when the person is not in their car when police arrive.  A common scenario I have seen is people crashing or leaving their cars then and then later, after police arrive, admitting to the police they were driving. In many cases like this, the police did not have probable cause to make a DUI arrest until the suspect opened their mouth and admitted they had been driving.  It is surprising how many people incriminate themselves this way.

Again, the god news is you if you have a case like this, you might have a winable case and definateley have a fightable case.  Therefore, I recomend you get the assitance of an experience DUI Lawyer as there are many legal neuances in fighting an APC case.