Phoenix Drugged Driving Attorney

Accused of Driving Under the Influence of Drugs (DUID)? We Can Help!

While many people are aware that driving under the influence of alcohol is illegal, not many people think of the potential charges associated with driving under the influence of drugs, or "drugged driving." In Arizona, it is illegal to drive under the influence of any kind of drug or combination of drugs and alcohol. If you have been arrested for a drug-related DUI in Arizona, call our Phoenix drug DUI lawyers at MayesTelles.

When your future is on the line, we have your back. Give us a call at (602) 428-7104 for your FREE consultation with our Phoenix DUID attorneys.

Understanding Arizona's Drugged Driving Laws

According to A.R.S. § 28-1381, anyone who drives under the influence "while there is any drug defined in § 13-3401 or its metabolite in the person's body" is guilty of DUI. Such drugs include marijuana, narcotic drugs, and prescription medications. Even if the drug was prescribed by a licensed physician, it is still illegal to drive under the influence if the medication has side effects that impair a person's ability to operate a vehicle.

Arizona’s drugged driving laws can be confusing because there are different ways the state can try to prove a case. Prosecutors may proceed under an “impairment to the slightest degree” theory, or they may rely on the presence of certain drugs or metabolites in your system, even if you felt fine to drive. In the Phoenix area this often comes up with marijuana, anxiety medications, pain pills, and sleep aids that people use legally but that can still trigger a DUID arrest.

DUI Drug Tests & Implied Consent

Arizona is an implied consent state, which means that anyone operating a motor vehicle has given their implied consent to submit to blood, breath, or urine testing if they are suspected of DUI.

If testing is refused, law enforcement officers may be able to obtain a warrant to compel the person to submit to a test. This is important because the characteristics of drugged driving may not be as obvious as drunk driving; the latter can include the smell of alcohol, slurred speech, and signs that can be detected in a breathalyzer.

When a police officer pulls someone over under suspicion of DUI, they may ask the person to take a drug test in order to prove intoxication. In the case of illegal drugs, a urine test will show the presence of drug metabolites in the person's system. Drug metabolites are created when the liver breaks down drugs in order to render them harmless and are evident in a person's urine when a drug test is administered.

In many Phoenix DUID cases, officers rely heavily on blood draws tested at state or private laboratories. The way a sample is collected, stored, labeled, and analyzed can create issues that affect reliability. Calibration problems, contamination, or delays in testing sometimes lead to results that do not accurately reflect what was in your system at the time you were actually driving.

Because implied consent laws also affect your driving privileges, a refusal or test failure can trigger a separate license suspension through the Arizona Motor Vehicle Division. That civil process has strict deadlines, and you may have the right to request a hearing to challenge the suspension. We regularly review both the criminal case and the MVD side together so that you understand the risks to your license and the steps that may protect your ability to drive for work, school, or family needs.

Penalties for DUID in Arizona

If you are charged with DUID, you should know the seriousness of the matter and what a conviction can mean. If you are convicted, multiple aspects of your life may be affected as a result.

A conviction for DUI of drugs can result in the following:

• Ten to 180 days in jail
• Drug treatment program
• A fine upwards of $1,800
• Driver’s license suspension
• Community service

If you are arrested again, a second offense carries further, more extensive penalties. Aggravating factors can make the penalties even more severe. This includes drugged driving with a minor under the age of 15, drugged driving while your driver’s license is suspended, or drugged driving while on probation. It is important to have someone who knows the courts in the area and can work to defend your rights.

Defending Against Drugged Driving Charges in Phoenix

Anyone who has been charged with driving under the influence of drugs should retain the services of a drugged driving lawyer in Phoenix immediately in order to have the best chance of a successful defense. There are several different defense strategies that could be employed after a drug-related DUI arrest.

Police officers must follow strict procedures in order to make a legal arrest, so consult with a lawyer to find out if there may have been any misconduct. Also, you may have been driving under the influence due to the fact that your physician did not disclose necessary information regarding the effects of your medication. This can also be used in your defense. 

When we evaluate a DUID case arising out of a stop in Phoenix or the surrounding cities, we look at every stage of the encounter, from the initial traffic stop through field sobriety tests and the decision to arrest. If there was no valid reason to pull you over or if your rights were violated during questioning, that may affect whether certain evidence can be used against you. We also examine how drug recognition evaluations were performed and whether the officer’s training and observations support the conclusions they reached.

Our attorneys work with toxicologists and other professionals when needed to challenge assumptions about impairment based on numbers alone. In many DUID cases, there is a gap between the science and how the prosecution tries to present the evidence in court. By drawing on our background as former prosecutors in Arizona, we can anticipate many of the arguments that may be raised and prepare responses aimed at protecting your record, your freedom, and your ability to move forward.

Trust in 200+ Years of Legal Experience

With almost 200 years of combined legal experience, our team at MayesTelles PLLC is dedicated to providing individuals with effective representation in the face of drugged driving charges. Our firm consists of former prosecutors who know and understand the way in which these charges are handled. It is our goal to help you reduce your charges or even get them dismissed completely.

Because we have handled a wide range of DUI and DUID matters in Phoenix courts and throughout Maricopa County, we understand how local judges and prosecutors typically approach drug-related driving allegations. That familiarity helps us give you realistic expectations about what to expect at each stage, from arraignment through pretrial conferences and trial settings. We use that insight, together with our experience on both sides of the courtroom, to build strategies tailored to your situation rather than offering a one-size-fits-all approach.

What To Expect in a Phoenix DUID Case

After a drugged driving arrest in the Phoenix area, many people are unsure what will happen next or how quickly they need to act. In most cases, you will have an initial appearance or arraignment in Phoenix Municipal Court or Maricopa County Superior Court, depending on the level of the charge. At that hearing, the judge will advise you of the allegations, set release conditions, and schedule future court dates, so it is helpful to understand the process before you walk into the courtroom.

As your case moves forward, there are usually several pretrial conferences where the prosecutor and defense discuss evidence and any possible resolutions. During this time, we obtain police reports, body-camera footage, lab results, and any drug recognition expert notes so that we can identify weaknesses in the state’s case. We also pay close attention to MVD deadlines, because you may need to request a hearing quickly to challenge an administrative license suspension tied to your DUID arrest.

At each stage, from early negotiations through any motion hearings or trial, we explain what is happening in plain language and outline your options. Some clients prefer to focus on damage control and potential alternatives such as treatment-based outcomes, while others want to challenge the allegations more aggressively. Our role is to guide you through the Phoenix court system, answer your questions, and help you choose a path that fits your goals and risk tolerance.

Frequently Asked Questions

Will I Lose My License After A DUID Arrest In Arizona?

A DUID arrest can trigger a potential license suspension through the Arizona Motor Vehicle Division, separate from anything that happens in criminal court. The length of the suspension and your options depend on whether you agreed to a test, refused, or have prior issues on your record. In many cases you may request a hearing to contest the suspension or explore a restricted driving permit. Time limits for requesting that hearing are short, so it is important to review your paperwork promptly.

How is a DUID Different From An Alcohol DUI?

DUID cases focus on drugs and their metabolites rather than alcohol concentration, and they often rely on blood or urine testing instead of a breath test. The state may argue that you were impaired to the slightest degree by a particular substance, or that certain drugs in your system create a violation under the statute. These cases can be more complex because legal prescription medications, over-the-counter products, and marijuana can all play a role. The defenses available will depend on the substance involved, the quality of the testing, and the observations documented by law enforcement.

Can Prescription Medication Lead To A DUID Charge?

In Arizona, you can be charged with DUID even if you are taking a medication prescribed by your doctor. The key issue is whether the drug, alone or in combination with other substances, affected your ability to drive safely. Medications for pain, anxiety, sleep, or attention issues are common in these cases because they can cause drowsiness, slowed reaction time, or confusion. If your case involves a prescribed medication, it is important to look closely at dosage, timing, and any warnings you received so that the full context can be presented in court.

If you have been charged with drugged driving, our Phoenix DUID attorneys are here for you. Don’t hesitate to get the help you need today. Call us today at (602) 428-7104.