Tempe DUI – Drugs Lawyer

If you’re accused of driving while under the influence of drugs, you need a skilled Valley of the Sun DUI lawyer who can effectively combat your charges at every turn. Here at The Weingart Firm, PLLC, we have extensive experience representing clients in Maricopa County and throughout the Phoenix Metropolitan Area who are facing DUI charges, and we stand ready to put that experience to work for you. Contact a dedicated Tempe DUI – Drugs lawyer for a free consultation today.

Penalties for a Drugged DUI in Arizona

In Arizona, driving under the influence of drugs can result in a DUI conviction. You may be charged with a DUI if you operate a motor vehicle while impaired to the slightest degree by any drug, including illegal substances such as narcotics. In fact, even if you are taking a legal, prescribed drug, you can still be charged with a DUI if you are impaired at the time of your driving. Additionally, Arizona law prohibits driving with any amount of certain illegal drugs or their metabolites in your system, regardless of actual impairment. Some of the penalties include:

• Up to 6 Months in Jail (with mandatory minimum jail time for a first offense)
• Fines and Costs of Up to $2,500 or More
• Suspension of Your Driving Privileges in Arizona
• Screening and Treatment Program
• Ignition Interlock Device Requirement

Unlike a DUI for alcohol, there is no specific legal limit for most drugs that automatically establishes impairment. While blood testing is commonly used in drug DUI cases, a chemical test cannot measure impairment the same way a breath test does for alcohol. Instead, law enforcement officers are trained as “Drug Recognition Experts” (DREs) who claim to determine, through observation and field sobriety tests, whether a person is impaired by drugs. Our DUI lawyers have in-depth training and the knowledge to challenge these so-called drug recognition experts.

Drug Recognition Experts in Tempe and Phoenix, Arizona

In Arizona, some police officers are attempting to offer their “expert” opinion as DRE’s regarding whether a driver is under the influence of narcotics. There are 12 steps to a DRE’s Drug Evaluation Process:

• Breath Alcohol Test – A sample of breath is taken from the driver to determine the concentration of alcohol.
• Interview of Arresting Officer – The DRE consults with the investigating officer to determine the circumstances surrounding the driver’s apprehension.
• Preliminary Examination – During an initial examination, the DRE asks the driver questions regarding the driver’s medical and physical limitations.
• Eye Examination – The DRE conducts tests for Horizontal Gaze Nystagmus (HGN) and Vertical Gaze Nystagmus (VGN).
• Divided Attention Tests – The DRE has the driver perform the One Leg Stand test with both legs, the Walk and Turn test, a Modified Romberg Balance test, and the Finger-to-Nose test.
• Examination of Vital Signs – The DRE records the driver’s blood pressure, pulse, and body temperature.
• Dark Room Examination – The DRE examines the driver’s pupils in near total darkness, under direct light, and in normal room light. The DRE also examines the driver’s oral and nasal cavities.
• Examination of Muscle Tone – The DRE examines the flexion and extension of the driver’s muscles to see if there is any flaccidity or rigidity.
• Examination of Injection Sites – The DRE examines common injection sites to determine if the driver is using injected substances.
• Driver’s Statements / Other Observations – The DRE tries to solicit information from the driver that will corroborate any signs and symptoms that the DRE has observed.
• DRE’s Opinion – The DRE makes a determination of the class or classes of drugs that are influencing the driver based on a matrix of the symptomology associated with known classes of drugs.
• Toxicological Examination – Blood, saliva, or urine is obtained from the driver and is analyzed to determine what class of substances are present that corroborate the DRE’s opinion.

Challenging the Reliability of Drug Recognition Experts

The reliability of DRE’s has been widely criticized and challenged by defense attorneys in many states. For example, one of the things that DRE’s look for is dilated pupils. There are numerous medical reasons why one’s pupils may become dilated, which include sexual arousal, excitement, and performing complex cognitive tasks. Ironically, most people who get pulled over, even for a simple traffic ticket, experience a bit of fight or flight response to flashing blue lights. Just the sheer fact of being pulled over can cause enough excitement, and consequently the release of enough adrenaline, to cause your pupils to become dilated.

No matter what the circumstances may be, our DUI attorneys are prepared to challenge any opinion presented against our clients by any “Drug Recognition Expert,” including using our own experts in various fields of medicine to challenge the reliability of the DRE’s training, testing, and opinion.

Contact a Tempe, Arizona DUI – Drugs Lawyer

If you’re facing DUI – Drugs charges in Maricopa County or the Phoenix Metropolitan Area, please don’t hesitate to contact a skilled DUI lawyer from The Weingart Firm, PLLC for comprehensive representation today. We offer free consultations, so you have nothing to lose and everything to gain by simply reaching out.