Driving under the influence (DUI) is most commonly associated with alcohol, but in Arizona, you can also face DUI charges for driving while impaired by prescription medications, including anxiety medication.
Many people assume that because their medication is legally prescribed, they cannot be charged with a DUI. However, Arizona law treats impairment from prescription drugs the same as impairment from alcohol or illegal substances.
This article explores how Arizona DUI laws apply to prescription anxiety medication, the legal consequences of a DUI conviction, possible defenses, and how an experienced DUI defense attorney can help.
This article will cover the following subtopics:
- Arizona DUI Laws and Prescription Medications
- How Can Prescription Anxiety Medication Impair Driving?
- How Do Arizona Police Detect Impairment from Prescription Drugs?
- Penalties for DUI with Prescription Anxiety Medication
- Potential Defenses Against a Prescription Medication DUI
- What Should You Do If Charged with a DUI for Prescription Anxiety Medication?
- Frequently Asked Questions About Prescription Medication DUIs in Arizona
- Contact Shah Law Firm for DUI Defense
Arizona DUI Laws and Prescription Medications
Under ARS 28-1381(A)(1), it is illegal to operate a vehicle while impaired to the slightest degree by any substance, including prescription medication. This means that if anxiety medication affects your ability to drive safely, you can be charged with a DUI.
Additionally, ARS 28-1381(A)(3) makes it illegal to drive with any controlled substance in your system unless you have a valid prescription. While having a prescription may protect you from this charge, it does not protect you from a DUI if the medication impairs your ability to drive.
How Can Prescription Anxiety Medication Impair Driving?
Prescription anxiety medications can significantly affect an individual’s ability to operate a vehicle safely. These medications, particularly benzodiazepines like Xanax, Valium, and Ativan are examples of prescription medications that can cause drowsiness and increase the risk of a DUI charge., act as central nervous system depressants, meaning they slow down brain activity, which can lead to various cognitive and motor impairments.
Cognitive Impairments from Anxiety Medications
When taking prescription anxiety medication, drivers may experience cognitive impairments that affect judgment, decision-making, and reaction time.
These effects can make it difficult to respond appropriately to road conditions, traffic signals, and other drivers, especially if there are painkillers or other drugs in your system.
Some of the most common cognitive side effects include:
- Delayed Reaction Times: Drivers may take longer to process information and respond to hazards.
- Reduced Focus and Attention: Anxiety medications can make it harder to concentrate on the road, increasing the risk of missing traffic signals or pedestrians.
- Memory Impairment: Some individuals may experience short-term memory loss, leading to confusion or disorientation while driving.
- Poor Judgment and Decision-Making: Impaired cognitive function can lead to risky driving behaviors, such as failing to yield or making dangerous lane changes.
Physical Effects That Impair Driving
Aside from cognitive effects, prescription anxiety medications can also impact motor skills and physical coordination. This can lead to difficulties in maintaining vehicle control, making precise movements, or responding quickly in emergency situations.
Physical impairments from anxiety medications include:
- Drowsiness and Fatigue: Many anxiety medications cause sedation, making drivers more likely to fall asleep behind the wheel.
- Dizziness and Lightheadedness: Some medications can cause balance issues, making it difficult to react appropriately in fast-paced driving conditions.
- Blurred or Double Vision: Visual disturbances can reduce a driver’s ability to see the road clearly and judge distances accurately.
Increased Risk When Combined with Other Substances
Many prescription anxiety medications carry warnings against combining them with alcohol or other drugs. When taken with alcohol, opioids, or sleep aids, these medications can produce even greater levels of impairment.
Combining substances can:
- Intensify drowsiness and sedation, increasing the risk of falling asleep while driving.
- Cause severe dizziness and confusion, leading to erratic driving behavior.
- Reduce muscle coordination, making it difficult to steer or brake properly.
Given these risks, Arizona law takes prescription drug DUIs seriously. Even if a driver has a valid prescription, they can still be charged with DUI under ARS 28-1381(A)(1) if law enforcement determines that their ability to drive is impaired to the slightest degree.
Prescription anxiety medications can lead to:
- Drowsiness
- Slowed reaction time
- Dizziness
- Blurred vision
- Difficulty concentrating
These effects increase the likelihood of impaired driving and can result in a DUI charge.
How Do Arizona Police Detect Impairment from Prescription Drugs?
Police officers may conduct various field tests to evaluate impairment, including:
- Horizontal Gaze Nystagmus (HGN) Test: Checking involuntary eye movements.
- Walk-and-Turn Test: Assessing balance and coordination.
- One-Leg Stand Test: Measuring focus and steadiness.
Additionally, Drug Recognition Experts (DREs) are used to assess impairment through behavioral and physiological signs, and blood or urine tests may be administered to confirm the presence of drugs in a driver’s system.
Potential Penalties for DUI to the Slightest Degree
| Offense Type | Jail Time | Fines & Fees | License Suspension | Additional Consequences |
|---|---|---|---|---|
| First-Time DUI | Minimum 10 days (9 may be suspended with treatment) | $1,500 – $2,500 | 90 days | Mandatory drug education program |
| Second DUI Offense | Minimum 30 days | Increased fines and court costs | 1 year | Extended probation and screening requirements |
| Aggravated DUI (Felony) | 4 months to 2 years | Substantial fines | Minimum 1 year | Ignition interlock, long-term probation |
Potential Defenses Against a Prescription Medication DUI
Challenging the Evidence Collected by Law Enforcement
One of the most effective ways to defend against a DUI charge involving prescription medication is to challenge the evidence presented by law enforcement.
This includes questioning the accuracy of field sobriety tests (FSTs), breathalyzer results (if applicable), and the observations made by officers.
- Field Sobriety Test Issues: Anxiety medications can cause symptoms that mimic intoxication, such as dizziness or drowsiness, which may result in failing an FST.
- Unreliable Officer Observations: Many officers are not trained medical professionals and may misinterpret behavior as impairment.
- Chain of Custody Issues: Blood or urine samples must be handled correctly. If they are contaminated or improperly stored, the results may be inadmissible in court.
A strong DUI defense attorney can work to suppress unreliable evidence and challenge the prosecution’s case.
Proving Lawful Prescription Use and Lack of Impairment
Having a valid prescription for anxiety medication is not a complete defense to a DUI charge, but it can be used to argue that you were not impaired.
- Medication as Prescribed: If you were taking the medication as directed by your doctor and at a safe dosage, this can serve as part of your defense.
- Medical Expert Testimony: A medical professional can testify that the prescribed dosage should not have impaired your ability to drive safely.
- Lack of Observable Impairment: If there is no video evidence of impaired driving or erratic behavior, it can weaken the prosecution’s argument.
Violations of Constitutional Rights During the Arrest
Law enforcement officers must follow strict procedures when making a DUI arrest. If your constitutional rights were violated, your attorney may be able to have the case dismissed.
- Unlawful Traffic Stops: If the officer had no reasonable suspicion to stop your vehicle, any evidence collected may be inadmissible.
- Failure to Read Miranda Rights: If you were interrogated without being advised of your rights, statements you made may not be used in court.
- Illegal Search and Seizure: If officers searched your vehicle without probable cause or a warrant, any evidence they found may be suppressed.
By identifying constitutional violations, a DUI attorney can weaken the prosecution’s case and improve your chances of a favorable outcome.
Challenging the Evidence
- Questioning the accuracy of field sobriety tests
- Challenging the validity of chemical test results
Proving Lawful Prescription Use
- Demonstrating that the medication was taken as prescribed
- Arguing lack of actual impairment
What Should You Do If Charged with a DUI for Prescription Anxiety Medication?
Remain Silent and Request Legal Representation
When arrested for a DUI involving prescription medication, you should exercise your right to remain silent. Anything you say to the police can be used against you in court. Inform the officer that you would like to speak with an attorney before answering any questions.
Many people believe that cooperating fully will help their case, but even seemingly harmless statements can be misinterpreted and used as evidence of impairment.
Having a DUI attorney from the outset can prevent you from making statements that may hurt your case. A lawyer will guide you on how to handle police questioning and ensure that your rights are not violated.
Gather and Preserve Evidence
After your arrest, document as much as possible about the events leading up to and following the traffic stop. This includes:
- The time and location of the stop
- The officer’s reason for stopping you
- Any field sobriety tests or chemical tests you were asked to take
- Any medications you took and when you took them
If possible, obtain witness statements or video footage from the scene. This evidence can help challenge the prosecution’s case by showing inconsistencies in the officer’s report or proving that you were not impaired at the time of your arrest.
Understand the Legal Process and Potential Consequences
A DUI charge involving prescription medication follows a legal process similar to an alcohol-related DUI. You will likely have an arraignment, pretrial hearings, and possibly a trial. Understanding the steps involved and the potential consequences can help you prepare your defense.
Consequences of a DUI conviction may include:
- License suspension: Even a first-time DUI can result in a 90-day suspension.
- Fines and court fees: Costs can range from $1,500 to $2,500.
- Jail time: A first-time offense may require a minimum of 10 days in jail, though some of this time may be suspended with proper legal representation.
- Probation and mandatory education programs: Courts often require DUI offenders to complete alcohol or drug education courses.
By understanding these legal consequences, including the potential impact of prescription drug DUI, you can take the necessary steps to protect your future and minimize the impact of a DUI charge.
Steps to Take Immediately After an Arrest
- Do not admit guilt to law enforcement.
- Request a lawyer before answering any questions.
- Document everything about the arrest.
- Follow all legal procedures to protect your rights.
Frequently Asked Questions About Prescription Medication DUIs in Arizona
1. Can I be charged with a DUI if I have a valid prescription?
Yes. A valid prescription does not protect you from a DUI charge if the medication impairs your ability to drive safely.
2. How do police determine if my prescription medication impaired me?
Officers use field sobriety tests, drug recognition experts (DREs), and chemical tests such as blood or urine analysis to determine impairment.
3. What are the penalties for a prescription medication DUI in Arizona?
Penalties vary based on prior offenses and the severity of impairment. A first offense can result in jail time, fines, license suspension, and mandatory drug education.
4. Can I refuse a blood or urine test if suspected of a DUI?
Refusing a chemical test in Arizona leads to an automatic one-year license suspension under implied consent laws.
5. How can a DUI attorney help with my case?
A DUI attorney can challenge the validity of field sobriety tests, the reliability of chemical testing, and law enforcement’s observations to build a strong defense.
Contact Shah Law Firm for DUI Defense
If you are facing DUI charges related to prescription medication in Arizona, you need an experienced DUI defense attorney who understands how to challenge the slightest degree of DUI evidence. Attorney Arja Shah has helped thousands of clients avoid harsh penalties through aggressive defense strategies tailored to prescription drug DUIs.
With nearly 20 years of experience, Arja Shah knows how to uncover weaknesses in the prosecution’s case, dispute the presence of impairment from legally prescribed medication, and negotiate favorable outcomes—including plea agreements for reduced charges like reckless driving.
The Shah Law Firm offers a free consultation, so if you’re facing a DUI charge involving prescription medication, contact us today to discuss your DUI case with a dedicated DUI lawyer who will fight for the best result possible.
Call Shah Law Firm now at (602) 560-7408 or visit the Shah Law Firm Contact Page to schedule your consultation.
