Did you know that about 13.5 million drivers operated a vehicle under the influence of alcohol in the last 12 months and 11.7 million drove while high on illicit drugs? When it comes to driving under the influence (DUI) in Glendale, many people associate it with alcohol intoxication.
However, people driving after using drugs can also get DUIs in Arizona. In fact, the number of drug-related DUI arrests in Arizona has increased in recent years, leading law enforcement to focus more on catching drivers who might be impaired by drugs.
The penalties for a DUI involving drugs are just as severe, if not more so, than those for alcohol. Often, drug-related DUI charges also accompany drug possession charges or other criminal matters.
Determining the level of impairment and identifying the specific drug involved is challenging for police. On top of that, many impaired drivers are both drunk and high, which adds another layer of complexity. As Glendale, Arizona, DUI defense lawyers, we have handled many cases involving accusations of drugs behind the wheel. This crime is taken very seriously in Arizona—but we can help.
Get In Touch With Us
start your free consultation
How Police Determine If a Driver is Under the Influence of Drugs Versus Alcohol?
When it comes to an alcohol-related DUI, law enforcement officers rely on field sobriety tests, breathalyzer results, and blood alcohol concentration (BAC) readings to determine the level of impairment. However, detecting drugs is more complex as there is no standardized test for all types of drugs.
Officers may look for signs such as dilated pupils, impaired coordination, slurred speech, and unusual behavior. They may also conduct a drug recognition evaluation (DRE), which involves an examination by a specially trained officer who assesses the suspect’s physical condition, behavior, and overall performance. This evaluation may include a blood or urine test to identify the presence of drugs in the driver’s system.
After alcohol, marijuana is the most popular intoxicant found in the blood of drivers who were involved in collisions. Officers tend to be more experienced at detecting marijuana use than, say, PCP. Marijuana detection tests measure the amount of THC in the driver’s blood, though THC is traceable in bodily fluids for weeks after use.
Can the Type of Drug Affect the Severity of DUI Penalties?
Yes, the type of drug involved in a DUI case in Scottsdale can influence the severity of the penalties. Driving under the influence of a prescription drug with side effects can lead to lesser penalties than driving under the influence of an illegal narcotic or an unlawful prescription.
Further, if officers believe you are under the influence of illegal drugs, they might seek justification to conduct a search to uncover the drugs, possibly leading to additional drug possession charges. You need a defense attorney experienced in both DUI and drug possession cases.
Get In Touch With Us
Are There Specific Defenses for Drug DUIs that Differ from Alcohol DUIs?
While some defenses to DUI charges apply universally, such as challenging the legality of the traffic stop or the accuracy of the tests conducted, drug-related DUI cases may involve additional factors that can potentially affect the outcome. For instance, certain prescription medications can cause false positive results in drug tests. This is not really an issue with alcohol DUIs. Additionally, the detection window for drugs can vary greatly depending on the type of drug.
Furthermore, even if a driver has drugs showing in their system does not mean they were under the influence at the time of the traffic stop. Many drugs are detectable for days or weeks, so if you test positive for drugs, it does not necessarily mean you used them the day of the arrest. Challenging an officer’s observations of impairment is often important to a drug-related DUI defense strategy, as their testimony of your impairment is usually the critical evidence the prosecution has.
No matter what the circumstances might be, a dedicated Glendale AZ drug DUI attorney will be able to identify the most appropriate defenses based on the specifics of your case.
What Are the Consequences for Refusing a Drug Test Compared to an Alcohol Test?
In most jurisdictions, refusing to submit to a drug test is treated similarly to refusing an alcohol test. This typically results in an automatic suspension of your driver’s license and can be used against you in court as evidence of guilt. However, again, the specific penalties for test refusal may vary depending on the location. A Buckeye DUI Defense Attorney familiar with Arizona’s specific regulations can further advise you. Our office is also familiar with the standards throughout the region in case your DUI occurred outside the immediate Glendale, AZ, area.
John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
How Does the Presence of Both Alcohol and Drugs Affect DUI Penalties?
Research shows that the collision risk associated with a cocaine, marijuana, alcohol, and/or benzodiazepine “cocktail” is greater than that for each intoxicant on its own. Moreover, if a driver is found to have both alcohol and drugs in their system at the time of arrest, expect significantly harsher penalties.
In most jurisdictions, the presence of both substances can lead to enhanced penalties, including a longer driver’s license suspension, higher fines, mandatory substance abuse treatment programs, and/or incarceration. The specific penalties will depend on how the law applies to the individual circumstances of your case.
If this is not your first DUI or your first drug-related crime, you can anticipate a harsher penalty as well. Again, reach out to a DUI attorney near you in Buckeye, Arizona, for specific advice about your unique case.
We Are Experienced Glendale DUI Lawyers Ready to Help
If you have been charged with a DUI involving drugs in the Buckeye, AZ area, the Law Offices of John Phebus should be your first call. Our skilled and dedicated team of Glendale, Arizona, DUI attorneys knows the challenges of drug-related DUI cases. We work to protect your rights and will explore all viable defenses. To book a free case review and legal consultation, contact us now.
Get In Touch With Us
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.
Client Reviews
What our clients are saying about us
Daniel Hall
1 month ago 
The Law Offices of John Phebus, and in particular my Lawyer Roland Rillos are a Very trustworthy and capable law firm. It’s never pleasant to need a lawyer – but I would highly recommend Roland. He was informative every step of the way, always available, and very upfront about costs. Their payment options made it very affordable. If you need legal help I highly recommend them
GBP Review: Daniel Hall
