Arizona's drugged driving laws carry stiff penalties including jail time, fines, and license revocation.
While prosecution will depend on the facts of the case -- for example, whether you were using marijuana for medical purposes -- certain circumstances can prompt a charge and even enhance the penalties.
The penalties are particularly brutal for repeat offenders and those who drive drugged with kids in the car.
Drugged Driving Penalties in Arizona
Here's a breakdown of the penalties for drugged driving in Arizona:
- First offense. For a first drugged driving offense, an individual may be required to do the following: spend 10 to 180 days in jail; participate in substance screening and education; pay a fine of about $1,800; face license suspension for 90 days; comply with probation for up to five years; use an Ignition Interlock device for one year; and perform community service.
- Second offense. A second offense entails tougher penalties, including: jail for 90 to 180 days; approximately $3,500 in fines and costs; license revocation for one year; substance abuse evaluation and education; probation for up to five years; minimum of 30 hours of community service; and use of Ignition Interlock for one year.
- Third Offense. A third offense committed within 7 years of a prior DUI or with a suspended license is a Class Four felony and may lead to: at least four months in prison; seizure of your car; up to $150,000 in fines; license revocation for three years; use of Ignition Interlock device for one year; probation for up to five years.
Drugged Driving Sentencing Enhancements in Arizona
Your drugged driving penalties in Arizona can go up under the following circumstances:
- Driving with a child in the car. DUI with a child under 15 years old in the car can result in an aggravated DUI charge. It can lead to fines of up to $150,000, license revocation for up to three years, and probation for up to five years.
- Driving with a suspended license. It's a Class 6 felony to drive under the influence with a suspended license and can lead to the same sentencing enhancements as driving with a child in the car.
Even though it may be tough to successfully prosecute drugged driving, drivers should play it safe. When a conviction results, the penalties can be brutal.
- Find a Phoenix DUI Attorney (FindLaw)
- Drugged Driving Involved in One Fifth of Fatal Crashes in 2009 (The Phoenix DUI Blog)
- Bath Salts DUI: Zombies Can Drive Cars Too (FindLaw's Phoenix DUI Blog)
- Arizona DUI Laws and Medical Marijuana (FindLaw's Phoenix DUI Blog)