Ecstasy is a recreational or street drug that causes euphoria, reduced mental abilities and relaxation. Often used at raves or clubs, ecstasy can impair your judgment and ability to drive safely. It is unlawful for a person to drive while under the influence of ecstasy. The drug can be detected in your body from 1-90 days, with the precise amount of time it remains detectable depending on your unique body and characteristics. If you have been charged with ecstasy drug DUI, call Phoenix drug DUI attorney James Novak for a consultation.
Under Arizona Revised Statutes section 28-1381, persons may not drive or stay in physical control of a vehicle while under the influence of a drug if they are impaired to the slightest degree. It is also illegal to drive or be in control of a vehicle if there is any drug enumerated under section 13-3401, such as ecstasy, or its metabolite in your body.
If a police officer pulls you over because of a reasonable suspicion of criminal wrongdoing and has probable cause to believe you are impaired by ecstasy while driving, you can be arrested and required to undergo drug testing. Any trace of ecstasy at the time of driving may result in a finding that you were impaired to the slightest degree.
If you are pulled over on suspicion of driving while drugged or drunk, it will not be possible to drug test you on the side of the road. However, the police officers may administer a field sobriety test. If the police arrest you, you will be subject to a drug test under the implied consent law. In Arizona, those operating vehicles implicitly agree to take a chemical test upon request if they are arrested for drunk or drugged driving. If you refuse to take the test, your driver’s license will be suspended for 12 months for a first offense. Prior refusals can result in a suspended license for two years.
Persons under the influence of any amount of ecstasy while in physical control of a car or another motor vehicle may be charged with a class one misdemeanor. Mandatory minimum jail time will be imposed. For a first offense, a defendant faces a 10-day minimum jail sentence, $1,250 fine, mandatory installation of an ignition interlock device, license suspension, and required performance of community service. For a second offense that occurs within 7 years of a prior conviction, you can face from three to six months in jail, $2,500 in fines, requirement you install an ignition interlock device, license suspension, and a requirement you attend driving school and perform community service.
In addition to an ecstasy drug DUI charge, you may face drug possession charges if you have ecstasy in the car with you when you are arrested. If you possess more than a threshold amount of the drug, you may be charged with possession with intent to distribute ecstasy, even if you genuinely intended the ecstasy for personal use.
Defendants should not assume a conviction for an ecstasy drug DUI is assured. Their lawyers may raise numerous defenses on your behalf. Police need to follow certain procedures and abide by Constitutional protections in connection with pulling you over and the arrest, and their failure to do so can give rise to a motion to suppress. If a police officer lacked reasonable suspicion that you were under the influence of a drug or alcohol when they pulled you over, it may be possible to suppress any evidence obtained while you were pulled over. Similarly, if the police didn’t have probable cause to arrest you, it may be possible to suppress any evidence obtained after the arrest occurred.
If you are charged with an ecstasy drug DUI, you should consult Phoenix lawyer James E. Novak. He has years of experience representing people charged with driving under the influence of drugs in Phoenix along with Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.