arizona drug dui dui LAWYERS

HOW WE CAN HELP WITH your arizona drug dui

• The Impact of an Arizona Drug DUI:

  A Drug DUI conviction in Phoenix can have long-lasting repercussions, affecting your driving record for a minimum of seven years and potentially hindering your employment opportunities, along with causing significant financial strain. Phoenix Drug DUI Lawyers are well-versed in the specific challenges and legal complexities of Drug DUI cases in Arizona. Having represented numerous individuals in these high-stress situations, they bring a wealth of experience to the table.

  Their background is extensive and diverse, including former roles as police officers, DUI prosecutors, and now as dedicated Drug DUI defense attorneys. This unique blend of experience allows them to defend clients facing Drug DUI charges effectively and assertively. They combine their professional expertise with a personal commitment to each case, ensuring that every client receives focused and comprehensive legal support. This combination of skills, knowledge, and individualized attention positions them as an ideal choice for anyone seeking legal representation in a Phoenix Drug DUI case.

• Drug DUI in Arizona:

  Severity Based on Drug Involvement: In Arizona, Drug DUIs are taken extremely seriously, particularly under Arizona Revised Statute §13-3401. While not based on a Blood Alcohol Concentration (BAC) level, as with alcohol-related DUIs, Drug DUIs focus on the mere presence of illegal drugs or their metabolites in the driver’s system. The presence of these substances indicates impairment, posing a considerable risk to public safety.

  Evidence of Drug Use: The critical factor in a Drug DUI is the evidence of drug use, typically identified through blood or urine tests. Unlike alcohol-related DUIs, where a specific BAC level is measured, Drug DUIs consider any trace of illegal drugs or their metabolites as grounds for a charge. This approach underlines the zero-tolerance policy for drug-impaired driving.

  No Requirement to Prove Impairment Level: For a Drug DUI in Arizona, the law does not require the same level of impairment proof as in alcohol-related DUIs. The mere presence of drugs or their metabolites in the driver’s system is sufficient for prosecution. There is no need to demonstrate the driver’s physical or mental impairment at the time of the arrest.

  Legal Implications: The consequences of a Drug DUI conviction in Arizona are severe and can be more stringent than those for alcohol-related DUI offenses. Penalties can include substantial fines, jail time, mandatory drug education or treatment programs, installation of ignition interlock devices (in some cases), and possible suspension or revocation of driving privileges. These penalties reflect the seriousness with which Arizona law treats drug-impaired driving.

• Drug DUI Defense Strategies in Arizona:

  Challenging a Drug DUI charge in Arizona requires a nuanced and knowledgeable approach, especially considering the unique aspects of these cases. Our defense strategies often focus on the subjective nature of Drug DUI allegations. Unlike alcohol-related DUIs, where impairment is measured against a specific BAC level, Drug DUIs hinge on the mere presence of drugs or their metabolites, which can be more subjective in determining impairment.

  1. Questioning Drug Test Accuracy: We scrutinize the methods used in drug testing, including the handling and analysis of blood or urine samples. Any procedural or technical errors in the testing process can significantly impact the validity of the results.

  2. Examining the Circumstances of the Arrest: The conditions and legality of the traffic stop and subsequent arrest are critical. We investigate whether there was probable cause for the stop and if all legal protocols were followed correctly.

  3. Highlighting the Lack of Impairment Evidence: Since Drug DUIs do not require the same level of impairment proof as alcohol-related DUIs, we emphasize the lack of concrete evidence regarding the driver’s impairment level at the time of the arrest.

  4. Proven Track Record: Our experience in handling Drug DUI cases has led to successes in getting charges dismissed or reduced. By leveraging the subjective nature of drug impairment assessment in these cases, we have been able to effectively challenge the prosecution’s assertions.

  5. Personalized Defense: Each case is unique, and we tailor our defense strategies to the specifics of each client’s situation. Our goal is to provide the most effective representation possible, aiming for the best outcome in each case, whether that’s a dismissal, reduced charges, or other favorable results.

• DUI Penalties in Arizona:

  In Phoenix, Arizona, the penalties for a first-time DUI offense, including those involving drugs, are quite stringent. The key consequences generally include:

  1. Jail Time: A first-time Drug DUI offender can expect to face up to 10 days in jail. In some circumstances, 9 of these days may be suspended contingent upon the completion of an alcohol and drug screening or education program.

  2. Fines: The financial penalties start at a minimum of $1,250 and only go up.

  3. License Suspension: The individual’s driver’s license is subject to suspension for a period, typically around 90 days but up to 1 year depending on the facts surrounding the arrest and admin per se circumstances.

  4. Ignition Interlock Device: There is a mandatory requirement for the installation of an ignition interlock device on the offender’s vehicle for a duration of one year, however Drug DUI’s may NOT require this component.

  5. Education Programs: Enrollment in an alcohol/drug education program may be mandated.

  6. Community Service: Some cases might also involve a requirement for community service.

• Admin Per Se Hearings in Arizona:

  In addition to criminal DUI proceedings, individuals accused of driving under the influence in Arizona may also be subject to Administrative Per Se (APS) hearings. These administrative hearings are distinct from criminal court proceedings and are primarily concerned with the suspension or revocation of an individual’s driver’s license. APS hearings are conducted by the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD).

  Key Points Regarding Admin Per Se Hearings:

  1. Immediate License Suspension: If you are arrested for DUI in Arizona, your driver’s license may be subject to immediate suspension. The arresting officer will typically issue a Notice of Suspension, which serves as a temporary driving permit for 15 days. During this period, you have the opportunity to request an APS hearing to challenge the suspension.

  2. Requesting an APS Hearing: To contest the suspension of your driver’s license, you must request an APS hearing within 15 days of receiving the Notice of Suspension. Failing to make this request within the specified timeframe can result in an automatic suspension of your driving privileges.

  3. APS Hearing Process: The APS hearing is a separate legal proceeding from the criminal DUI case. At the hearing, an administrative law judge will review the evidence and determine whether there are grounds to uphold the suspension of your driver’s license. The focus of the hearing is primarily on issues related to your arrest, including whether the arresting officer had reasonable grounds to believe you were driving under the influence and whether you submitted to or refused a chemical test.

  4. License Outcomes: Depending on the outcome of the APS hearing, your driving privileges may be reinstated, or the suspension may be upheld. If upheld, you may face a period of license suspension. The duration of the suspension can vary based on factors such as prior DUI convictions and test refusal.

  5. Legal Representation: Just as in criminal DUI cases, you have the right to legal representation during APS hearings. Consulting with experienced DUI attorneys, such as Phoenix DUI Lawyers, can be invaluable in navigating these proceedings, presenting your case effectively, and potentially securing a more favorable outcome.

  It’s essential to understand that while APS hearings focus on your driving privileges, they do not address the criminal charges associated with DUI. Successfully navigating both the criminal and administrative aspects of a DUI case in Arizona often requires skilled legal representation to protect your rights and interests.