Defenses to Drug DUIs in Scottsdale
Driving under the influence of drugs is a common yet misunderstood charge. For example, many people are surprised to learn they can face DUI charges for prescription drugs. These allegations can arise in various scenarios and lead to serious criminal penalties.
Drug DUI cases often rely on an officer’s opinion that a driver was impaired, meaning there are many opportunities for an effective defense. Consult Grand Canyon Law Group on defenses to drug DUIs in Scottsdale. Our dedicated attorneys have the legal knowledge and experience to protect you and your way of life and fight these allegations.
Involuntary Intoxication Defense
Involuntary intoxication could be an effective defense to a DUI charge if the driver did not intentionally take the drug or medication. This could involve scenarios where someone drugged the driver or spiked their drink. However, involuntary intoxication would not be a valid defense if the driver knowingly took medication without knowing how it would affect them or how it would interact with other substances.
If the officer believes the driver was impaired and can show they had drugs in their system, the driver will likely face DUI charges. A driver who suspects they were involuntarily intoxicated should speak with our Scottsdale attorneys immediately, as this could be a defense to the drug DUI charges.
Defense Strategies During a DUI Stop
In a drug DUI case, limiting the amount of information an officer can use against the driver is important. Our experienced lawyers highly recommend that anyone pulled over for a drug DUI in Scottsdale politely decline any field sobriety testing. The driver should not walk in a line or stand on one leg, as the officer can mark down subjective observations that are difficult to disprove.
A driver has the right to refuse field sobriety tests and decline to answer the officer’s questions. If the officer asks, “Are you on any medications?” the driver should exercise their right to remain silent. As our experienced Scottsdale lawyers can attest, the less information the officer can gather during the arrest, the easier it will be to defend the drug DUI charges in the future.
Defending Against Drug Tests in DUI Cases
Unlike with field sobriety tests, refusing a blood or breath test can come with administrative consequences. A refusal will lead to a driver’s license suspension or revocation for a year. This is due to “implied consent” in Arizona, meaning drivers implicitly consent to chemical testing when an officer suspects them of DUI.
Previously, an officer could charge a driver with a new crime for refusing a blood or breath test in Arizona. Now, this only comes with driver’s license penalties, not criminal charges. When an officer asks for a chemical test for suspected drug DUI in Scottsdale, our defense lawyers recommend saying, “I am not refusing, but I want to talk to an attorney first.”
Discuss Drug DUI Defenses with a Scottsdale Attorney
When you face allegations of driving under the influence of drugs, you need an attorney with experience handling these cases. There are key differences between drug DUI cases and ones involving alcohol. You want someone with trial experience representing you throughout the legal process.
The skilled lawyers at Grand Canyon Law Group know how to build powerful defenses to drug DUIs in Scottsdale. We can raise issues with the traffic stop or blood test. Our legal team can negotiate a favorable plea deal or take your case to trial, depending on your specific goals for the case. We believe you have a way of life worth saving—call us today to learn how we can fight for you.