Phoenix Prescription Drug DUI Attorney
Many people have been unpleasantly surprised to find they are being prosecuted for DUI for their legally prescribed medication. A driver may have been following his or her doctor’s orders only to find themselves being arrested for driving while impaired, or Prescription Drug DUI. Since as many as seven out of ten of us routinely take daily prescription medications, it could certainly be a shock to find yourself being charged with Prescription Drug DUI. Every person’s medical needs and body chemistry is different, and a police officer may be subjectively deciding you are impaired by a prescription drug when, in fact, you are not.
Because there are strict penalties for a Prescription Drug DUI conviction, it is important that you speak to a knowledgeable DUI attorney from the Ciccarelli Law Offices as quickly as possible. We will fight for your future and your freedom after a comprehensive and thorough investigation of the facts surrounding your charges. We have helped thousands of clients just like you who were facing an uncertain future; we will work hard on your behalf for the best outcome possible.
Why Should You Choose the Ciccarelli Law Offices for Your Prescription Drug DUI Charges in Phoenix, AZ?
Facing charges for Prescription Drug DUI can be frightening, anxiety-inducing, and stressful. If convicted, you could potentially spend time in jail (which could severely compromise your employment and ability to make a living), will face high fines and fees, and could lose your driving privileges as well.
As such, it is important to choose a DUI defense lawyer that can help you fight these serious charges. Why choose us?
- We understand your anxiety and will work aggressively to have your charges dropped entirely, lowered to a lesser offense, or reduce the penalties in the event of a conviction.
- Our Phoenix team of DUI attorneys has over a hundred years of combined criminal defense experience.
- We bring former DUI prosecutors and defense attorneys, armed with the experience to fight your DUI charges.
- Our goal is to serve our clients completely when they need us most.
- We are battle-tested in the local court systems and highly experienced in taking on the state.
If there is an alternative sentencing program available, we will work to have it apply in your case.
- Attorney Lee Ciccarelli is recognized by Super Lawyers and has received the Ten Best Client
- Satisfaction Award by the American Institute of DUI/DWI Attorneys.
- Lee is also a member of the National College of DUI Defense.
- At the Ciccarelli Law Offices, we bring advocacy and experience to every DUI case we help our clients with.
What are the Penalties for Prescription Drug DUI?
While it is certainly not illegal for you to take legally prescribed drugs, it is illegal if those drugs impair your ability to drive. The laws detailing Prescription Drug DUI in Arizona can be found under A.R.S. 28-1381 (A) (3). Some prescription drugs that may cause driving impairment include painkillers like Vicodin, Codeine, or Morphine, or anti-anxiety drugs like Xanax or Valium. The penalties associated with Prescription Drug DUI are similar to alcohol-related impaired driving charges.
A first-time offense for Prescription Drug DUI is a Class 1 misdemeanor. You could spend ten days in jail, although that can be reduced to one day when you complete an approved alcohol/drug screening and education program. Your fines, fees, and assessments can be as high as $2,000 and you could lose your driving privileges for up to a year. The judge has discretion as to whether an ignition interlock device will be ordered, however, that is unlikely for a first offense Prescription Drug DUI. In addition, even though this is a Prescription Drug DUI, you could end up losing your job or may find it difficult to obtain a job once you have completed all sentencing requirements.
So, how can an officer prove you are impaired by a prescription drug? The officer can ask you to submit to a chemical test to detect the presence of any drugs in your system. If you agree, a urine or blood test will be performed by a certified, approved lab technician. If you refuse the chemical test, you are likely to be arrested and your driver’s license immediately suspended. While these chemical tests are accurate as far as determining what drugs are in your system, they cannot determine how long ago you took the prescription drugs, or whether the presence of those prescription drugs in your system impaired your ability to drive.
Remember, these penalties are for a first-time DUI. If you have a prior DUI of any type, the penalties for a Prescription Drug DUI can increase dramatically. It is definitely in your best interests to have an experienced Prescription Drug DUI attorney by your side from beginning to end—and as soon after your arrest as possible.
What are Some Defenses for Prescription Drug DUI in Phoenix?
Your Phoenix Arizona DUI attorney will work hard to have your charges reduced or dropped altogether. Since the chemical test is really not all that helpful to the prosecutor to use as evidence against you, the entire case may rest on the subjective opinion of the police officer who pulled you over. While every DUI case is different, and your case will hinge on the specific facts and circumstances surrounding your stop and arrest, some of the most common defenses used for those charged with Prescription DUI include:
- The officer had no probable cause for pulling you over—you committed no traffic offense that would have given the officer reason to pull you over or suspect you were impaired in any way.
- The blood test was not properly performed; perhaps it was improperly administered, tainted, or the chain of custody was broken.
- There was not sufficient evidence to prove you were impaired while driving.
- You were taking the prescription drug as per your doctor’s instructions, therefore, you are protected by Arizona’s DUI Safe Harbor Law.
- Your constitutional rights were violated by the police. Perhaps the police would not let you call an attorney, even though you asked, or they neglected to read your Miranda Rights.
How Can a Phoenix Arizona DUI Attorney from the Ciccarelli Law Offices Help You With Your DUI?
If you have questions about a prescription Drug DUI after an arrest, we can help. At Ciccarelli Law Offices, our Phoenix DUI Defense lawyers are passionate about representing individuals accused of DUI across the state of Arizona. We can meet with you to help you better understand your legal options and fight for the freedom you deserve. Call Attorneys Lee Ciccarelli and his team to help you through the DUI process after you are arrested and charged with prescription drug DUI in Phoenix or throughout the state of Arizona.
You need a Phoenix DUI defense lawyer that is there for you when you need them most. Call us today!