Phoenix DUI Drugs Attorney, Dave Smith has handled thousands of DUI cases in Maricopa County and the surrounding areas. Mr. Smith understands that facing criminal charges is can be a stressful and overwhelming experience, and he is here to help. Attorney Smith aggressively works every case to build a strong defense strategy and ensure that his clients' rights are protected throughout the legal process. Dave Smith will guide you through every step of the way and fight for the best possible outcome in your case.
Contact me 24/7 via call / txt for a free consultation at (602) 813-3004
Driving under the influence of drugs in Arizona, also known as DUI drugs or DUI metabolites involves the presence of certain drugs in a person's body while driving or in control of a motor vehicle. A.R.S. 28-1381(A)(3).
Section 13-3401 of the Arizona Revised Statutes contains a long list of prohibited substances under which the state will prosecute for DUI if a chemical test reveals the presence of any listed drug or its metabolite in a person's blood. For example, such substances include illegal drugs like Psilocybin (magic mushrooms), Methamphetamine, cannabis, certain prescription-only medications such as central nervous system depressants like Diazepam and many more.
Law enforcement will collect a sample of the defendant's blood after being arrested for suspicion of drug DUI. The defendant would either need to consent to the testing or the officer must demonstrate to a judge that they have probable cause to justify the search in order to obtain a warrant for the accused's blood. The testing typically takes place inside a police DUI van on site or at a police station. If the lab results later come back positive for the presence of any listed substances, the state will bring DUI drug charges.
Drug DUI charges as a category of offenses are class one misdemeanors in Arizona and carry serious penalties and heavy fines on conviction. Fortunately, Phoenix DUI Drugs Attorney Dave Smith is experienced and skilled at defending charges of DUI and Drugs and is ready to help you.
- 10 days jail
- Fines, fees, and surcharges exceeding $1,500
- Substance abuse treatment/counseling
- Traffic survival school
- 90 day driver’s license suspension and points assessed to driving record
- 90 days jail
- Fines, fees and surcharges exceeding $3,000
- Substance abuse treatment/counseling
- Traffic survival school
- 1 year driver's license revocation
- Community service
The penalties for first time DUI and second offense DUI above are for example purposes only and do not represent a full and complete list of possible penalties. Every case is different and it is important to discuss your specific case with an experienced criminal defense lawyer skilled in DUI law.
Criminal defense lawyer Dave Smith has over a decade of experience litigating in the Arizona judicial system and has built a reputation as an aggressive defender. Mr. Smith is ready to help you get the best result possible for your case.
There are many potential defenses to allegations of DUI based on drugs, such as having a valid prescription for medication and taking it as prescribed. These types of cases are very nuanced. Depending on your situation, there are many areas where weaknesses in the state's case may be uncovered. Scottsdale Arizona based DUI lawyer, Dave Smith is prepared to attack the state's evidence on behalf of his client.
Initial consultations are always free. Give me a call to discuss what happened.
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