When most people hear the term DUI, they think of an offense involving alcohol. However, a person can be convicted of a DUI in Arizona for having drugs in their system or even for being under the influence of prescription medication.

There are two ways that a person can be charged with a DUI involving drugs in Queen Creek, AZ:

  • R.S. § 28-1381(A)(1): Driving or being in actual physical control of a vehicle while impaired to the slightest degree by a drug or its metabolite; this includes prescription drugs.
  • R.S. § 28-1381(A)(3): Driving or being in actual physical control of a vehicle while there is any controlled drug or its metabolite in the person’s system; this includes prescription drugs taken without a prescription or not as prescribed.

Types of DUI Drug Charges We Handle

The Rosenstein Law Group has a team of experienced Queen Creek DUI attorneys who have represented clients charged with DUI for driving with drugs in their system, including:

  • Marijuana and cannabis/THC wax
  • Cocaine
  • Ecstasy
  • Methamphetamine
  • Fentanyl
  • Heroin
  • Prescription narcotics such as: OxyContin (oxycodone), hydrocodone, Vicodin (hydrocodone/acetaminophen), Xanax (Alprazolam), and Percocet (oxycodone/acetaminophen)
  • Other prescription drugs that may affect your ability to drive, including sedatives

Penalties for Drug DUI in Arizona

If you are convicted of a DUI involving drugs in Queen Creek, you will face serious consequences, even for a first-time offense, including:

  • 10 to 180 days in jail
  • Substantial fines and fees
  • A 90-day driver’s license suspension
  • Up to 5 years of probation
  • Drug treatment classes

If you are arrested or charged with a DUI involving drugs in Arizona, contact the Rosenstein Law Group at (480) 248-7666 or online to speak with one of our Queen Creek drug DUI lawyers. We offer free consultations so we can evaluate how to best handle your case. The beginning stages of any DUI case are imperative. Your initial consultation and preliminary case evaluation will help to protect your rights and prepare a solid defense.

Medical Marijuana DUI Charges in Queen Creek, AZ

A common misconception is that an Arizona medical marijuana card will protect a person from drug DUI charges if they are arrested for driving under the influence of marijuana. To understand this misconception, you need to know that there are two different ways that a person can be charged with a drug DUI if they have marijuana in their system:

  • First, a person may be charged with a drug DUI if they have medical marijuana or an active metabolite of marijuana in their system. If you had a valid Arizona medical marijuana card at the time that you were cited or arrested, then you likely have a defense to this charge. You may also have a defense if your blood contained only an inactive metabolite (carboxy-THC).
  • Second, a person may be charged with a drug DUI if they are impaired to the slightest degree by medical marijuana or its active metabolites. A valid Arizona Medical Marijuana Card is not a defense to this charge.

Penalties for a Medical Marijuana DUI in Arizona

Even with a valid Arizona medical marijuana card, a person may face substantial penalties if convicted for a medical marijuana DUI, including:

  • Jail time
  • Driver’s license suspension
  • Probation
  • Substantial fines and fees
  • Substance abuse treatment classes
  • Permanent criminal record
  • Increased insurance rates
  • Points on your motor vehicle record

If you are charged with a medical marijuana DUI, do not sit back and hope that your Arizona medical marijuana card will get you out of the harsh penalties of a drug DUI. Prosecutors take these charges very seriously and will seek to saddle you with a permanent criminal DUI conviction. It is in your best interest to consult a Queen Creek drug DUI attorney experienced in defending against medical marijuana DUI charges that can make sure your rights are protected. An aggressive drug DUI lawyer will challenge the prosecutor’s evidence of impairment to get you the best possible result.

Schedule a Free Consultation With a Queen Creek Drug DUI Lawyer

The Rosenstein Law Group offers free consultations and case evaluations for medical marijuana DUI and other drug DUI charges out of Queen Creek, AZ. Our drug DUI defense attorneys have defended countless cases of medical marijuana DUI charges and our attorneys are also part of the legal committee of the National Organization for the Reform of Marijuana Laws (NORML). Our legal team has the experience and skills in both drug DUI defense and knowledge of laws relating to marijuana and drug crimes, that is why you can trust our team to aggressively fight for you to get the best possible outcome in your case. Contact us 24/7 at (480) 248-7666 or online to schedule a free consultation with an experienced drug DUI attorney in Queen Creek.

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