When people think about DUI arrests and trials, they usually imagine the offense involving alcohol. While a DUI conviction can result from drinking while driving, it is just as much a violation of the state’s DUI laws to be under the influence of drugs. The presence of any foreign substance in a person’s system, including street drugs and prescription medications, can justify an arrest and conviction.
A Tempe Drug DUI lawyer could work to defeat these serious allegations and protect your rights. The skilled attorneys at Grand Canyon Law Group can ensure you understand the relevant laws, hear your side of the story, and fight for a favorable outcome during all court sessions.
Arizona Revised Statute § 28-1381 is the state’s law concerning impaired driving. In addition to the prohibition on driving while under the influence of alcohol, it is also against the law to be under the influence of a drug.
A person is considered under the influence of a drug when it impairs their ability to control the vehicle. In many drug DUI cases, this relies upon the arresting officer’s observations of the defendant. However, mandatory blood or urine tests may also reveal evidence of impairment. The presence of any drug in a person’s blood or urine may be sufficient to support a conviction. A knowledgeable Tempe attorney could further explain the state’s DUI drug laws and what the prosecutor must prove to obtain a conviction.
Prosecutors must always prove beyond a reasonable doubt that a defendant was operating a motor vehicle while under the influence of drugs. One way to dispute this allegation is to contest whether a defendant was operating a vehicle. It may be worth arguing whether a person sitting in a moving car was in violation of the law. This could result in an acquittal regardless of the person’s level of drug impairment.
Another common avenue for defense is to dispute the reason why a police officer made a traffic stop. Unless the officer observes or has reason to believe that a driver violated a rule of the road, they cannot make a stop. If there was insufficient reason to make a stop, all evidence of intoxication is impermissible at trial.
These tactics could help a skilled drug DUI lawyer at our firm fight back against charges at trial. However, some people may want to avoid this process and seek an alternative resolution. Although the defendant must pay for this program themselves, successfully completing a drug diversion program could see the court dismissing the charges. A drug DUI lawyer in Tempe could help form a strategy that meets a person’s specific needs and goals.
It is a violation of the state’s DUI statute to consume a drug that inhibits one’s ability to drive. This can include street drugs as well as prescription medications. Convictions in these cases can see the payment of heavy fines, a license suspension, and even time in jail.
A Tempe Drug DUI lawyer wants to help you to avoid this outcome. The former prosecutors at Grand Canyon Law Group work with you to identify realistic goals, investigate the moments that led to an arrest, and fight to protect your legal rights during all court sessions. Give us a call today to learn how we can preserve your way of life.