Phoenix Drug DUI Defense Lawyer

Understanding Drug DUI Charges in Arizona

Under A.R.S. § 28-1381, you can be charged with a drug DUI in two main ways:

1. A.R.S. § 28-1381(A)(1) — Driving or being in “actual physical control” of a vehicle while impaired to the slightest degree by any drug, whether legal or illegal.
2. A.R.S. § 28-1381(A)(3) — Driving with any prohibited drug or its metabolite in your system, even without proof of actual impairment.

Key Case: State ex rel. Montgomery v. Harris (Shilgevorkyan), 234 Ariz. 351 (2014)

The Arizona Supreme Court ruled that drivers cannot be convicted under (A)(3) for non-impairing marijuana metabolites. This was a landmark win for marijuana users — but the law still allows prosecution if impairing substances or metabolites are detected.

What “Actual Physical Control” Really Means

You don’t have to be driving to be arrested. If police believe you could start driving while impaired, you can face charges.

Key Case: State v. Zaragoza, 221 Ariz. 49 (2009)

The Arizona Supreme Court clarified that “actual physical control” is a fact-based determination — looking at location, time, intent, vehicle position, and access to the keys.

Example: A client was found asleep in their car in a grocery store lot after taking cold medicine. The engine was off, keys in the console, and the car in park. We argued — successfully — that there was no intent or immediate ability to drive.

How Drugs Can Impair Driving — Even Legally Prescribed Ones

Arizona law covers illegal drugs, prescription medications, and even over-the-counter products if they impair your ability to drive.

• Benzodiazepines & opioids — slowed reaction time, drowsiness.
• Stimulants — reckless speed, impulsive maneuvers.
• Marijuana — delayed responses, impaired depth perception.
• OTC medications — antihistamines, sleep aids, cough syrup.

Key Case: Dobson v. McClennen, 238 Ariz. 389 (2015)

The court held that medical marijuana cardholders may still be prosecuted if impaired “to the slightest degree.”

The “Slightest Degree” Standard — A Low Bar for Arrest

Arizona’s “slightest degree” standard allows officers to arrest based on minimal signs of impairment — even subtle lane weaving or slow braking.

Hypothetical: You take a prescribed painkiller, feel fine, and drive to work. You drift once over the lane divider and brake slowly at a red light. An officer pulls you over, he sees the pill bottle on the seat next to you and begins a DUI investigation. Even without obvious impairment, you could be charged.

Inside Knowledge: How Phoenix Courts Handle Drug DUI Cases

In Maricopa County, drug DUI cases often hinge on lab results and officer testimony. Local judges know the science can be complex — and we use that to our clients’ advantage.

Our defense often includes:

• Challenging the chain of custody for blood samples.
• Demanding calibration logs for testing equipment.
• Cross-examining Drug Recognition Experts (DREs) on their conclusions.
• Filing motions to suppress stops without valid reasonable suspicion.
• Relying on the Science and concepts like Tolerance and lack of correlation to blood quanity and impairment

Common Defense Strategies in Drug DUI Cases

We tailor defenses based on the facts, but frequently use:

1. Invalid Stop or Arrest — No reasonable suspicion or probable cause.
2. Testing Errors — Contaminated samples, faulty calibration, unqualified technicians.
3. Inactive Metabolites — Proving that detected metabolites did not indicate impairment.
4. Medical Explanations — Showing symptoms were due to health conditions, not drugs.
5. Prescription Compliance — Demonstrating lawful use within prescribed limits.

Penalties for Drug DUI in Arizona

A first offense typically includes:

• Minimum 10 days jail (some may be suspended)
• Fines over $1,000
• License suspension (90+ days)
• Mandatory drug screening/treatment

Repeat or aggravated DUI penalties can include prison, multi-year license revocation, and felony records.

Why Acting Fast Matters

Arizona’s Motor Vehicle Division (MVD) can suspend your license before your court case ends. You have only 30 days from arrest to request a hearing.

Our firm handles both the criminal case and the MVD hearing to protect your driving privileges.

Real Case Result — Prescription Medication Defense

In one Phoenix case, our client was arrested after taking a prescribed anxiety medication. Blood tests showed the drug in their system, but we obtained pharmacy records, medical testimony, and evidence of proper dosage. The jury found reasonable doubt, and the case was dismissed.

Contact Arizona Justice Law Group Today

Drug DUI charges require immediate, informed action. With Founding Partner Zalman Sapad leading your defense, you’ll have a team that understands both the science and the court system.

📞 Call (602) 730-1756 to schedule your consultation and start building your defense.

Contact Arizona Justice Law