Arizona is probably the most unforgiving state in the country when it comes to impaired driving.  Drivers may be arrested and prosecuted for an alleged DUI if they are suspected to be "Impaired to the Slightest Degree" by:

• Alcohol
• Marijuana
• Illegal Drugs, or
• Prescription Medications

Consequently, you can be charged with DUI even though the only substances in your system is medication that has been prescribed by a doctor.  

Prescription Medication and Impaired Driving:

You should be aware that many legally prescribed medications involve potential side affects which can impair your ability to drive a motor vehicle and result in a DUI charge.  Many prescriptions contain a warning about operating heaving machinery or equipment after taking the drug.  Obviously, heavy machinery includes an automobile and people should consider these warnings before taking medications and deciding to drive.

Despite being told to take prescribed medication on a daily basis by your doctor,  patients should recognize that many drugs may cause:

1. Drowsiness
2. Fatigue
3. Dizziness
4. Slowed Reaction Time
5. Decreased Ability to Concentrate

Any of these issues may cause erratic driving behavior which will draw the attention of police and lead to a potential DUI charge. If you are stopped and suspected of being impaired, police will conduct a DUI investigation similar to that involving alcohol or illegal drugs as you will be questioned, asked to participate in Field Sobriety Testing and required to provide a blood sample following arrest.  

Common Medications Which Might Cause Impairment:

Although the list of prescription medications which causes side affects is extremely extensive, some of the pharmaceuticals which are commonly seen in DUI cases include:

• Alprazolam (Xanax)
• Adderall
• Ambien
• Soma
• Valium
• Oxycodone
• Hydrocodone

Penalties for a Prescription Drug DUI in Arizona:

Except for the interlock requirement, the penalties for a DUI conviction involving prescription medications are exactly the same as those involving alcohol or illegal drugs.  Specifically, a first offense will result in between one and ten days jail, fines approximating $2,000.00, mandatory classes and the suspension of your drivers license.  A second or third offense within a seven year period can result in an increased jail sentence, potential prison terms, additional fines and the revocation of your driving privileges.

Can a Prescription Drug DUI Charge be Defended?

Being charged with a DUI arising solely from prescription medication does not mean all hope is lost.  However, because the potential punishments may be significant, you  should immediately contact an experienced DUI defense lawyer who can investigate all aspects of your case, gather important information from you, explore possible defenses and work to achieve the most favorable result possible.

Possible Defenses to a DUI Charge Involving Prescription Drugs Include:

1. Reasonable doubt as to impaired driving
2. The prescription was ingested as directed by your doctor
3. The field sobriety tests are not accurate indicators of impairment by prescription drugs
4. The levels of medication in your blood test are consistent with the directed pharmacological use

Call (480) 833-8613 for Immediate Help

Undoubtedly, a DUI conviction will result in very severe penalties. If you are charged with DUI involving alcohol, illegal or prescription drugs in any city within the greater Phoenix area, you should immediately consult with an experienced DUI lawyer for assistance.  Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Chandler, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.   

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