Introduction

Arizona officers have reported an uptick in drug related DUI charges since the start of the Covid-19 pandemic. Arizona maintains a zero-tolerance policy for DUI offenses with some of the strictest laws in the country. For example, DUI charges can be brought against a person operating a motor vehicle while impaired by either legal or illegal drugs, even when a medical professional prescribes the drugs.

If you have been charged with a drug related DUI, it is important to understand the law regarding DUIs in Arizona.

What is a Drug Related DUI?

Anyone can be convicted of a drug related DUI in Arizona, so long as they are operating a motor vehicle while under the influence of either a legal or illegal substance which resulted in an impairment at the time of operating the vehicle.

In Arizona, drug related DUI charges fall under two statutes.

Under A.R.S § 28-1381(A)(1), a person cannot operate a motor vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs, or vapor releasing substances, when they are impaired to the slightest degree. Even where a person has taken legally prescribed medication by a doctor, or where they have taken medication without a doctor’s recommendation, a person can still be found guilty of a drug related DUI if the use of that substance impaired their driving even to the slightest degree.

A person can also be charged with a drug related DUI under A.R.S. § 28-1381(A)(3) where a person drives a motor vehicle under the influence of any drug or its metabolite in their body.

Drug metabolites are the particles left behind in the body after the liver breaks down the drug. Certain metabolites, like marijuana, can remain in the body for weeks even after the drugs effects have worn off.

Under Arizona law, actual impairment at the time of driving is irrelevant. The major factor is whether a drug metabolite was in the body at the time a person was operating the motor vehicle.

Drugs covered by the statutes are defined in A.R.S § 13-3401 and include:

• Marijuana,
• Cocaine,
• Heroin,
• Methamphetamines,
• Peyote, and
• Prescription drugs when taken without a valid medical prescription.

Motor vehicle for the purposes of the Arizona law is defined as any self-propelled vehicle. This includes any car, truck, or agricultural vehicle, but does not include “scrap vehicles” such as a personal mobile motorized wheelchair, electric bicycle, or electric miniature scooter.

A Note on Marijuana and DUI Charges

During the November 2020 election, Arizona voters approved Proposition 207, which legalized the possession and use of marijuana for persons at least 21 years old.

Prior to the passage of Proposition 207, those without a medical marijuana card could have been charged with a drug related DUI for having marijuana metabolites in their system. Those with medical marijuana cards could defend their case by showing they were not impaired while driving and that they had legally been authorized to use the marijuana.

Even after Proposition 207, the law remains that people may not drive while impaired while under the influence of marijuana. However, Proposition 207 does allow the Arizona legislature to enact a law that would regulate a threshold amount of active metabolites in the system which are needed to maintain a marijuana related DUI charge. This would work similar to the legal limits in blood alcohol content.

In order for the Arizona legislature to enact such a law, they would have to show that scientific research on the subject is conclusive and get the recommendation from the National Highway Traffic Safety Administration in order to adopt the law. Until then, marijuana users should be cognizant that the presence of metabolites in their bodies may open them up to a drug related DUI charge, even if driving while unimpaired.

What Is the Difference Between a Drug Related DUI and an Alcohol Related DUI?

Alcohol related DUIs occur where a person, 21 years old or older, is found to be driving under the influence of alcohol. People suspected of driving under the influence will be given a field sobriety test as well as a chemical test. Their blood alcohol content should be below .08 percent to avoid a DUI charge.

Drug related DUIs are treated slightly differently than alcohol related DUIs. For example, if convicted for the first time of an alcohol related DUI, your driver’s license will be suspended for 90 days. During the first 30 days, no driving is permitted. For the remaining 60 days, drivers may operate their vehicles when going to and from work, home, school, or counseling.

A drug related DUI carries harsher licensing revocation penalties. If convicted of a drug related DUI, a driver’s license will be revoked for 1 year, with no timeline for lifting restrictions on the license. Even after the year has passed, there are several procedural requirements that must be completed before someone is granted permission to drive again. This is true whether convicted because a person drove while impaired, or where a person had metabolites in their system while operating a motor vehicle.

Penalties for Drug Related DUI Charges

Drug related DUI convictions can vary significantly for first time offenders but can lead to very severe consequences. Charges can be classified as a misdemeanor or a felony, with felony conviction having more severe penalties.

First time offenders are most often charged with a Class 1 misdemeanor. The consequences of a misdemeanor conviction for a drug related DUI can include:

• 10 days and up to 6 months in jail which may include a drug evaluation and substance abuse treatment program
• Fines up to $2,500
• Revocation of a driver’s license for one year
• Ignition interlock on a car after license has been reinstated
• Probationary period up to 5 years
• Points on your driving record

If a person has been previously convicted of a DUI within the last seven years, the minimum jail time will jump from a mandatory10 to a mandatory 90 days, 30 of which must be served consecutively.

Related Charges

Those charged with a DUI may also feel apprehensive about their vulnerability to other drug related charged, such as possession. Being charged with a DUI does not automatically bring additional charges for possession.

For example, if a person is found with marijuana in their vehicle, officers will still have to show that the amount possessed was above the legal limit. If the amount of marijuana in the car exceeds the legal limit, a person may be charged with both the DUI and possession.

However, where there are no physical drugs found in a vehicle, having the drug ingested in your body will not amount to a possession charge. In this case, a person will only be charged with a DUI.

Contact an Attorney for Representation

If you have been charged with a drug related DUI, consider hiring an experienced criminal law attorney, knowledgably in Arizona DUI laws. An attorney will be the your best advocate for defending your charge completely or mitigating the severity of any penalties.