Understanding DUI Charges with Prescribed Medications in Arizona
Driving under the influence (DUI) charges can be confusing and stressful, especially when they involve prescribed medications. In Arizona, understanding your rights and the specific laws regarding DUI charges is crucial for ensuring fair treatment in criminal courts. This post will guide you through the essential information you need to know if you are facing a DUI charge related to prescribed medication.
The Basics of DUI Laws in Arizona
Arizona Revised Statutes (A.R.S.) § 28-1381(A)(1) states that it is illegal to drive or be in actual physical control of a vehicle while impaired to the slightest degree by any prohibited drug. However, a critical distinction must be made when the substance involved is a legally prescribed medication.
Prescription Medication and DUI Charges
If you are using a medication as prescribed by your healthcare provider, A.R.S. § 28-1381(D) provides an affirmative defense. This means you can argue that you were legally using the medication as prescribed and were not impaired by it. Here are some key points to consider:
Prescription Use Defense: You have a legal right to use medications your doctor prescribes. If charged with a DUI, showing proof that you followed your prescribed regimen can be crucial.
Indicators of Impairment: Law enforcement typically assesses impairment through field sobriety tests and blood tests for a DUI charge. However, certain prescribed medications may not cause the traditional signs of impairment that substances like alcohol do. For example, some medications do not cause nystagmus (eye jerking), which is often checked during field sobriety tests.
Field Sobriety Tests: These tests are designed to detect impairment primarily from alcohol and may not be fully accurate for other substances. If you have a condition that affects your performance on these tests (e.g., fibromyalgia, back pain, leg pain, being overweight, age).
Accuracy of Initial Assessment: The initial assessment by law enforcement can sometimes be inaccurate, especially if they suspect substances not supported by evidence (e.g., cannabis use when none is present).
Additional Considerations Under A.R.S. § 28-1381(A)(3)
A.R.S. § 28-1381(A)(3) specifically addresses situations where a person is driving with any drug or its metabolite in their body. This statute states that it is unlawful to drive with any drug defined in A.R.S. § 13-3401 or its metabolite in the person's system. This includes both illegal drugs and prescription medications.
However, under A.R.S. § 28-1381(D), there is an important exemption for those who are using prescription medications as directed by a licensed medical practitioner. Here’s what you need to know:
Presence of Metabolites: A.R.S. § 28-1381(A)(3) can be particularly challenging because it criminalizes the presence of any drug or its metabolite in your system, even if you are not impaired at the time of driving. For example, the metabolite of a prescription drug could still be in your system long after its impairing effects have worn off.
Affirmative Defense for Prescriptions: If you are taking a prescription medication as directed, A.R.S. § 28-1381(D) provides a defense against a charge under A.R.S. § 28-1381(A)(3). It is crucial to have documentation from your prescribing physician confirming that the medication was taken according to medical advice.
Implications of Metabolite Testing: Understanding the difference between active and inactive metabolites is key. Active metabolites can impair your ability to drive, whereas inactive metabolites may remain in your system without affecting your driving ability. For instance, Carboxy-THC, an inactive metabolite of marijuana, does not cause impairment and its presence alone should not be grounds for a DUI charge.
Challenges in Prosecution: Prosecutors must prove that you were impaired or that the drug in your system affected your ability to drive safely. If the detected substance was prescribed and you were not impaired, this can form the basis of a strong defense.
Legal Considerations and Case Strategies
When dealing with a DUI charge involving prescribed medication, it’s essential to consider the following legal strategies:
Affirmative Defense Evidence: Providing a letter from your prescribing physician confirming your medication use can support your defense.
Challenge Impairment Evidence: If the evidence of impairment is weak or based on improper assessment techniques, this can be challenged in court.
Understanding the Law: Knowing how statutes like A.R.S. § 28-1381(D) apply to your case can significantly affect your defense strategy.
Real-World Examples
Consider a scenario where someone is charged under A.R.S. § 28-1381(A)(1) and A.R.S. § 28-1381(A)(3) for having a prescribed stimulant in their system. If their blood concentration levels are within therapeutic ranges and there are no clear indicators of impairment, this case is fundamentally different from one where someone has dangerously high levels of a substance that clearly impairs their ability to drive.
Conclusion
Facing a DUI charge involving prescribed medications can be daunting, but understanding your rights and the specifics of Arizona law is crucial. If you or someone you know is in this situation, consulting with a knowledgeable attorney who can navigate these complexities is essential for ensuring a fair outcome.
At [Your Law Firm], we specialize in handling DUI cases involving prescribed medications. Our goal is to provide you with the best defense based on a thorough understanding of the law and the specifics of your case. Contact us today for a consultation, and let us help you navigate your legal challenges.
