Scottsdale DUI and Drugs Lawyer

Top Rated DUI and Drugs Attorney in Scottsdale, AZ

Have you been charged with DUI Drugs? If so, you have the opportunity to retain a former prosecutor as your Scottsdale DUI and Drugs Lawyer to defend you. Unlike alcohol, the prosecution can decide whether to charge you with a felony or a misdemeanor if it is alleged that there were drugs involved in a DUI charge.

Joshua S. Davidson is a former prosecutor who can provide unique insight into how the case against you will be presented. Drug DUI cases have various facts that must be proven by the prosecution. Mr. Davidson exclusively defends those charged with criminal offenses, and is focused and prepared when dealing with the rights and freedoms of his clients.

FAQs

Can I Be Charged With A Drug DUI In Scottsdale Even If My Prescription Is Valid?

Yes. Having a valid prescription does not protect you from a drug DUI charge in Arizona. Under A.R.S. § 28-1381(A)(1), it is illegal to drive while impaired to the slightest degree by any substance — including legally prescribed medications. If charged under the “per se” statute (A.R.S. § 28-1381(A)(3)), you may be able to raise a prescription as an affirmative defense by showing you were taking the medication exactly as directed. However, if the prosecution argues general impairment, a prescription alone is not a defense. Attorney Davidson understands how to evaluate which statute applies to your case and build the strongest possible defense strategy around it.

How Does Arizona Law Define Impairment In A Drug DUI Case?

Unlike alcohol DUI cases, there is no single numerical threshold that automatically proves drug impairment in Arizona. Prosecutors must show that you were impaired “to the slightest degree” while operating your vehicle. This is where drug DUI cases can be effectively challenged. Drug residue and metabolites — particularly from marijuana — can remain detectable in blood or urine for days or even weeks after use, long after any actual impairment has passed. The presence of a substance in your system does not conclusively prove you were under the influence at the time you were driving. A skilled defense attorney can argue these scientific distinctions and challenge the prosecution’s evidence.

What Is A Drug Recognition Expert (DRE) And Can Their Findings Be Challenged?

When a driver is suspected of drug impairment, Scottsdale police often call in a Drug Recognition Expert (DRE) — an officer trained to conduct a 12-step evaluation and offer an opinion on whether a driver is impaired and by what drug category. While prosecutors frequently present DRE testimony as authoritative, it is not infallible. DRE evaluations are subjective, and the methodology has been challenged in courts across the country. An experienced criminal defense attorney can scrutinize the officer’s training records, the accuracy of the evaluation process, and whether the conclusions are supported by the toxicology results — all of which can be powerful tools in undermining the prosecution’s case.

Can A Scottsdale Drug DUI Charge Be Filed As A Felony?

Yes — and this is one critical way drug DUI cases differ from alcohol DUI cases. Depending on the type of substance allegedly involved and whether additional charges such as drug possession are filed alongside the DUI, prosecutors in Arizona have discretion to charge a drug DUI as either a misdemeanor or a felony. A first-time drug DUI may also be elevated to an aggravated (felony) DUI if there was a passenger under 15 in the vehicle, if you were driving on a suspended license, or if it is your third DUI within 84 months. Felony DUI convictions carry significantly harsher penalties including mandatory prison time. Retaining an attorney like Joshua Davidson — who has prosecutorial experience — gives you critical insight into how these charging decisions are made and how to fight them.

Phoenix DUI & Drug Lawyer – Former Scottsdale Prosecutor

Drugs and DUI is a serious offense in Scottsdale. There is a zero tolerance for any found substance in blood, breath or urine tests if you are under 21. A first offense of DUI & drugs, based upon the type of substance and if there are other charges, such as possession, can carry heavy penalties. It is extremely important that your record is not damaged by a conviction, and that you maintain your freedom.

If you are fighting a second DUI, an aggressive challenge of your arrest, police procedure and testing results, will be necessary to get a case dismissal or an acquittal. The fines and jail time that can result from DUI and drugs charges are dangerous, and could include losing your freedom for a long period of time.

The identification of any drug present in your system does not automatically indicate you were impaired while driving. It is a fact that drug residue can remain in the system for many days, and there is less supporting science to conclusively prove you were actually under the influence while operating your vehicle. Unlike alcohol, drugs do not metabolize out of the system within several hours. This is only one challenge that could be argued successfully in a DUI & drugs defense.

An initial case consultation is available if you contact us and give the general details surrounding your case. Attorney Davidson is a veteran trial lawyer who has served at over 75 trials to date. He knows how to prepare a forceful defense of your rights. All you need to do is call for an appointment to get started. Time is important in defending DUI & drug charges.

Take advantage of the firm’s skills, trial record and commitment and call today.