The Phoenix DUI Law Blog

Drugged Driving Carries Serious Penalties

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.

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