6/17/16 In Arizona, a DUI involving prescription medications can be charged as DUI impairment to the slightest degree (28 A.R.S. § 1381.A.1) and driving with a controlled substance in the person’s body (28 A.R.S. § 1381.A.3). An affirmative defense to the A.3 charge is that the person was using the drug in accordance with the terms of a lawfully-issued prescription. However, under the current law there is a loophole because only prescriptions issued by podiatrists, physicians, dentists and osteopathic physicians count as lawful prescriptions under Arizona DUI laws. The problem is that licensed nurse practitioners and physicians assistants are also authorized by law to lawfully issue prescriptions.
Last year in a case I had that went to jury trial, the jury found my client not guilty of driving while impaired but guilty of driving with a controlled substance in her body (A.3) solely because her lawfully-issued prescription was issued by a licensed nurse practitioner and not a podiatrist, physician, dentist or osteopathic physician, as required by the DUI law.
This year in 2016 Session Law, Chapter 339, the Arizona legislature changed the DUI laws so that any valid prescription could be used toward the affirmative defense. By doing so the legislature changed what frankly was a confusing and unfair injustice, where someone could be found guilty of DUI even though they were not impaired, because they had within their body a controlled substance taken pursuant to a prescription lawfully issued by a licensed nurse practitioner, and not a podiatrist, physician, dentist or osteopathic physician.
The new law also applies to those charged with Boating Under the Influence (OUI). This law will take effect as of August 6, 2016.
A copy of the session law may be found at:
https://www.azleg.gov/legtext/52Leg/2R/laws/0339.pdf
If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.
