Can You Be Arrested for Taking Prescribed Medications While Driving in Arizona?

According to Arizona law, it’s possible to be charged with a DUI when driving under the influence of prescription drugs. While it’s generally easy to understand why someone would face penalties when driving drunk or when using illegal substances, getting a DUI for legally prescribed medication can be surprising.

People are generally prescribed medications for a good reason, such as to alleviate pain and treat various medical conditions. Without medication a person may be unable to work or perform everyday tasks, so why would the law go to such great lengths to penalize individuals reliant on prescribed medications for commuting to work or running errands?

Most prescription medications come with unwanted side effects. Particularly powerful medications, especially narcotic pain killers, can cause potentially debilitating side effects, including drowsiness, sedation and confusion, all of which may result in impaired driving.

Some of the most common drugs that cause cognitive impairment are opioids, such as codeine, oxycodone and hydrocodone, as well as benzodiazepines, including Xanax and Valium.

If you’ve been charged with a prescription drug DUI in Arizona, hiring an experienced DUI lawyer may be in your best interest. A skilled DUI defense attorney can help fight your charges and advocate for dismissal, reduction in jail time and less severe fines.

How Do Arizona Police Detect Medication Impairment?

The methods for detecting prescribed medication impairment are generally no different than detecting illegal substances or alcohol (although the latter can also be detected with a breathalyzer test):

Standardized field sobriety test: Police officers may administer a series of physical tests, such as walking in a straight line or standing on one leg, to determine if a driver is impaired.

Drug recognition evaluation: Police officers may also conduct Drug Recognition Evaluations (DREs) to assess whether a driver is under the influence of drugs. During this evaluation, the officer will look for signs of drug impairment, such as dilated pupils, bloodshot eyes and slurred speech.

Chemical test: If an officer suspects that a driver is under the influence of drugs, they may request that the driver submit to a chemical test, such as a urine or blood test. These tests can detect the presence of drugs in the body and can be used to determine if someone is driving while impaired by drugs.

A major issue with DUI evaluations is their subjective nature. It’s relatively easy to misconstrue tiredness or exhaustion for impairment. Moreover, if a driver fails a sobriety test simply because they’re tired but disclose they’re prescribed pain medication for a chronic pain condition, the police officer may jump to conclusions and charge the driver with a prescription drug DUI.

What Are the Penalties for a Prescription Medication DUI in Arizona?

In Arizona, driving under the influence of prescription medication is treated the same as any other DUI. In other words, if you’re convicted of a prescription medication DUI, your penalties may be just as harsh as they would be for a drug or alcohol-related DUI.

If you’re a first-time offender, you may face the following penalties:

• Minimum 24 hours in jail
• Potential probation for up to five years
• Driver’s license suspension for 90 days
• Fines and court fees amounting to up to $2500
• Mandatory substance abuse education classes
• Ignition interlock device for up to 12 months
• Mandatory community service

If you’ve been convicted of a previous DUI or if you’ve been charged with an aggravated DUI (which may happen if you caused an accident while allegedly driving impaired), your penalties may be much harsher, including up to six months of jail time, fines, fees and driver’s license suspension for 12 months.

Are You Facing a Prescribed Medication DUI in Phoenix?

If you’re facing the possibility of a DUI conviction involving prescription drugs in Phoenix, an experienced DUI lawyer can advocate for dramatically reduced sentences or even dismissal.

National College of DUI Defense (NCDD) board-certified DUI defense attorney Michael Alarid III knows how difficult it is to face DUI charges in a state with some of the strictest DUI laws in the country. He is committed to protecting your rights and freedom.

To learn more or schedule your consolation, call (602) 818-3110.