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The Molina Law Group PLLC

Defending Against DUI Charges Involving Prescription Medications

  • Published: January 31, 2025

Many people are surprised to learn that they can be charged with Driving Under the Influence (DUI) in Arizona even when using legally prescribed medications. While most think of DUI as involving alcohol or illicit drugs, prescription medications can also impair your ability to drive safely—and the law treats it no differently.

Under A.R.S. § 28-1381(A)(1) and (A)(3), it is illegal to operate a vehicle in Arizona while impaired to the slightest degree by any substance, including lawfully prescribed drugs. Even if you have a valid prescription, you can be arrested and charged if the medication affects your coordination, reaction time, or alertness.

Common prescription drugs that can lead to DUI charges include:
– Opioid pain relievers (e.g., oxycodone, hydrocodone)
– Benzodiazepines (e.g., Xanax, Valium)
– Sleep aids (e.g., Ambien, Lunesta)
– Muscle relaxants (e.g., Soma, Flexeril)
– Antidepressants or antipsychotics
– Medical marijuana (even with a valid card)

Prescription drug DUIs present unique challenges. Unlike alcohol DUIs, there is no specific blood concentration limit that automatically results in a conviction. Prosecutors must prove that the drug impaired your ability to drive, often relying on the testimony of Drug Recognition Experts (DREs), field sobriety tests, and blood toxicology reports.

Legal Consequences of a Prescription Drug DUI in Arizona:

– First-time offenders face 10 days in jail (some of which may be suspended), fines exceeding $1,500, license suspension, alcohol or drug screening, and ignition interlock installation in some cases.
– Repeat offenders face increased jail time, longer license revocation periods, higher fines, and mandatory substance abuse treatment.

Building a Defense:

Defending against a prescription drug DUI requires a deep understanding of medical science, drug metabolism, and Arizona DUI law. At Molina Law Group, we pursue defenses such as:
– Arguing the drug was taken as prescribed and did not cause impairment
– Challenging the training or findings of the Drug Recognition Expert
– Reviewing the accuracy of blood testing procedures
– Presenting medical records or expert testimony on your behalf
– Demonstrating that any observed behavior was unrelated to impairment

These cases are often misunderstood by law enforcement, and the prosecution must prove actual impairment, not merely the presence of a substance in your system.

If you’ve been arrested for DUI involving prescription medication, you need legal counsel who understands the complexities of drug-based DUI charges. At Molina Law Group, we know how to challenge assumptions and evidence, protect your rights, and build a defense based on the facts—not the stigma surrounding certain medications.

Contact us today to schedule a consultation and begin the process of defending your freedom, your license, and your reputation.

Edwin A. Molina III

The Molina Law Group focuses on two
areas of law; Criminal Defense and Personal
Injury - Call Us Now - (602) 718-1249