DUI Drugs
Home › Blog › Arizona Aggravated Drug DUI: State v. Diakhate (2026) Arizona Aggravated Drug DUI Conviction Upheld: What State v. Diakhate Means for Arizona Drivers 📅 Published: June 24, 2026 ✍️ By Gordon Thompson, Arizona DUI Attorney ⚖️ Arizona Court of Appeals, Division One 📋 Case at a Glance Case Name: State…
Quick answer: In Arizona you may be able to prove the affirmative defense to a Prescription Drug DUI using pharmacy prescription records alone — admitted under the business records exception to the hearsay rule — without ever putting a doctor, pharmacist, or other witness on the stand. What Is a Prescription Drug DUI in Arizona?…
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…
4/18/16 Arizona law now mandates that all persons convicted of DUI must install and maintain an Ignition Interlock Device for at least one year. The only exception to this requirement is if the person is convicted of DUI Drugs only because they had a Controlled Substance in their Body without a Valid Prescription, and had…
4/15/16 Arizona law now mandates a one-year revocation of a person’s Arizona driver’s license or privilege to drive if they are found guilty of a first offense Driving Under the Influence (DUI) of Drugs or Driving With a Drug in Their Body Without a Valid Prescription. By contrast, a person who is convicted of DUI…
3/2/16 In Arizona a person can be guilty of DUI if they are driving or in actual physical control and are impaired by alcohol, drugs or some combination thereof. In State v. Bayless-George, the defendant was charged with driving while under the influence. The impairing substances at issue were Ambien (which is a central…
11/25/15 In a decision released on November 20, 2015, the Arizona Supreme Court upheld the use of the Medical Marijuana Act as a defense for DUIs. The Court’s decision says that if a Medical Marijuana card holder is charged with a violation of 28 A.R.S. § 1381.A.3, DUI with Any Marijuana in the Body, the…


