DUI Drugs or Metabolite is a Class 1 Misdemeanor in Arizona.  This DUI theory criminalizes conduct for a driver having an illegal drug or non-prescribed drug in their system. Per A.R.S. §28-1381(A)(3), it is unlawful for a person to:

  • Drive or be in actual physical control of a motor vehicle
  • While any drug defined under A.R.S. §13-3401 or its metabolite is present in the person’s system

Drug “metabolite” is what remains of the parent drug after the body processes it. Metabolite is an inactive component of the drug.

Prosecution of DUI Drugs or Metabolite Cases

As mentioned, the State must merely prove that the driver has an illegal or non-prescribed drug in their system. Indeed, a prescription for the drug in question is a full defense to a prosecution under this section. Moreover, the State need not prove impairment here. Rather, impairment is only relevant under a §28-1381(A)(1) prosecution for a DUI Impairment to the Slightest Degree. The rationale behind criminalizing drugs and metabolite without impairment is that it is illegal for a person to possess or use any amount of an illegal or non-prescribed prescription only drug. As such, it is obviously illegal to drive with any amount in a person’s system.

DUI Drug Consequences

First Offense

A first-time misdemeanor DUI drugs or metabolite offender faces incarceration in Arizona.  Specifically, the law imposes a 1-day jail sentence after suspensions for drug counseling.  The fines, fees and assessment will run at approximately $2000 in fines, fees, as well as the 90-day driver’s license suspension.  However, for a DUI drugs or metabolite, neither the Court nor department of motor vehicle will require the installation of the ignition interlock device in the person’s vehicle.

Second Offense

A second-time misdemeanor DUI Drugs or Metabolite offender faces harsher penalties than a first-time offense.  These second offense penalties include 30 days jail after suspensions for substance abuse counseling. However, a person may be eligible for home detention under this section after serving 6 days in jail. Moreover, the State imposes approximately $3000 in fines, fees, surcharges and assessments and a possible driver’s license revocation for 1-year.

Choose Huss Law as your DUI Attorney

The consequences for a conviction for misdemeanor DUI drugs or metabolite in Arizona can seriously impact a person’s life.  Consulting with and retaining an attorney knowledgeable with the details and issues that come up in DUI drug or metabolite cases is important.  The attorneys at Huss Law have decades of experience in investigating Arizona criminal cases including DUI drugs or metabolite. Call Huss Law today for a Free Consultation!

Categories:: DUI