Most people associate DUIs with driving under the influence of alcohol, marijuana, or psychostimulants, like cocaine and methamphetamine. However, there are countless substances that can impair one’s ability to operate a vehicle. In Arizona, it is unlawful to drive a vehicle if a person is “impaired to the slightest degree” by the use of any drugs, alcohol, or combination, thereof. This means that even impairments caused by prescription drugs and over-the-counter drugs could lead to a DUI conviction.
What Is Considered A Prescription Drug?
A.R.S. §13-3401 describes prescription drugs as one that produces a potentially harmful or toxic effect and is recognized by the medical community as a drug that is safe for use only if it is prescribed by a licensed physician or other qualified Medical Practitioner.
In general, use caution operating a vehicle when using prescription drugs that cause sedating, drowsiness, anxiety, dizziness, slows reaction time, and/or impairs coordination.
Below is a list of commonly abused prescription drugs that can impair drivers:
- OxyContin
- Ambien
- Ritalin
- Adderall
- Vicodin
- Valium
- Percocet
- Xanax
- Hydrocodone
Classifications and Penalties
Prescription drug DUIs carry the same penalties as alcohol or marijuana charges.
For first-time offenders, the DUI charge will be brought as a Class 1 Misdemeanor if there are no aggravated factors.
Penalties:
- 10 days in jail
- $1,250 fines, fees, costs, and assessments
- Suspension of driver’s license
- Probation
- Substance abuse education, counseling, or treatment
Penalties for second DUI offenses within 7 years of the first conviction include:
- 90 days incarceration
- $3,000 fines, fees, and costs
- Revocation of driver’s license for 1 year
- Probation
- Substance abuse education, counseling, or treatment
Penalties for third and subsequent DUI are elevated to Felony DUI offenses and include:
- 4 months in prison
- At least $4,000 fines, fees, and costs
- 3 years revocation of driver’s license
- Probation or community service
- Felony criminal record
Note: Other criminal and civil penalties may apply
