How Often Do You See Prescription Drug Related DUI Cases?

Prescription drugs are definitely becoming more abused and are also always potentially subject to someone taking too much or combining their prescription with something else that leads to a bad interaction, whether on purpose or not. These types of cases are starting to play a much greater role in DUIs. Attorney Jared Allen receives more education on this type of DUI, as to have a better understanding of the types of drugs and what their effects are on people.

In defending these cases, one of the first things to look for is whether the individual had a prescription for the medication or not, were they taking the prescription as prescribed and was there any restriction on driving.

What Is An Ignition Interlock Device?

In almost any DUI conviction, the Motor Vehicle Department is going to require an interlock ignition device to be installed on a person’s vehicle. In typical DUI situations, the time period to have the device will be 12 months but the MVD can reduce that to as low as 6 months based on compliance, performance, keeping up with the fines and other things that need to be paid as well.

What Are The Potential Penalties Associated With A DUI Conviction In Arizona?

For a standard first time misdemeanor DUI, whether it’s alcohol, drugs or prescription drugs, the standard jail term is going to be 10 days. Nine of those days can be suspended by participating in a court ordered drug or alcohol program. Therefore, most people typically only spend 24-hours in jail.

Additionally there are mandatory fines and fees as well as the interlock device which is typically 12-months with the possibility of having it reduced. There is also mandatory license suspension which is usually 90 days, of which the first 30 days are mandatory while for the other 60 days, you can file a petition for a restrictive work or school license. Most people also are generally required to participate in a Mothers Against Drunk Driving victim impact panel.

In an extreme DUI, which is when a BAC is over 0.15 percent and under 0.20 percent, individuals have 30 days in jail and all but 9 of those days may be suspended if the individual gets an ignition interlock device for one year. Sometimes home detention can be issued in cases where courts will allow individuals to do a couple of days in jail follow up by a home detention. There are definitely some variables in different courts in how they handle the jail term as it goes up. Typically for an extreme DUI, the fines and fees are typically more expensive but the ignition interlock and license suspension is the same as well as attending the victim impact panel.

In all these cases, individuals can be placed on probation depending on what the court feels is necessary. With a Super-Extreme DUI, which is a BAC level of 0.20 percent or greater, that requires 45 days in jail and 14 of those may be suspended if there is an interlock device for a year. The fines and fees, license suspension, probation, impact panel are all the same, just in larger amounts. There is also potential for aggravated DUIs.

Aggravated DUIs can be the result of having several misdemeanor DUIs within a certain period of time, and they can also be the result of other circumstances. You can also get an aggravated DUI for getting a DUI while driving on a suspended license or if you had underage children in the car at the time of arrest. Those then Class IV felonies and your standard punishment for an aggravated DUI is an initial period of imprisonment of typically 3 to 4 months in the Department of Corrections. From there, probation to follow and plenty of fines and fees and classes and counseling as well.

For more information on Prescription Drug Related DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 456-1982 today.

Jared Allen, Esq.

Get your questions answered - call me for your free, 20 min phone consultation (602) 456-1982.

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