Methamphetamine is a very addictive stimulant drug with similarities to amphetamine. It triggers naturally occurring dopamine and norepinephrine in the brain. People use methamphetamine to achieve euphoria. Methamphetamine is also known as meth, crank, ice, crystal, and speed. In addition to being illegal, it is dangerous to drive with meth in your system. If you are charged with a DUI offense under these circumstances, you should consult an experienced Phoenix meth DUI attorney. At the Law Offices of James E. Novak, we can evaluate the facts of your case and help you assert your rights.
Methamphetamine is a drug that, when used long-term, is associated with devastating impacts. Those who try to drive under the influence of meth usually face impairments that lower their capacity to evaluate risks. Meth users may not be able to adequately control their vehicle in case of surprising or emergency situations. Often even low doses of meth can impair a user’s understanding of how much time has passed, resulting in a failure to react to emergencies. The likelihood of getting into an accident is greater.
You can be convicted of a meth drug DUI if a prosecutor is able to prove beyond a reasonable doubt that you were impaired while driving and drove while under the influence of meth. You can’t drive while under the influence of meth while impaired even to the slightest degree under A.R.S. section 28-1381. It is also illegal to drive if you have one of the drugs listed under section 13-3401 or their metabolites (substances remaining after the liver processes a drug) in your system. It’s irrelevant whether you were impaired while on meth and driving. The critical issue is whether the meth was in your system or not in your system. A knowledgeable meth DUI lawyer in Phoenix can evaluate whether you have grounds to challenge the prosecutor’s evidence regarding the presence of illegal substances in your system.
A first drug DUI is a misdemeanor charge. The presumptive sentence is 6 months in jail, fines, and an order that you obtain drug treatment. Sometimes those convicted are put on probation for a maximum of 5 years. Often a drug DUI results in a longer term of license suspension. When there are prior DUI charges, however, you might face class 6 felony charges, which includes a longer period of imprisonment. Similarly, there may be aggravated DUI charges and harsher penalties if the meth drug DUI is associated with an accident that caused injuries or even death. Aggravated DUI is a felony. If a meth drug DUI results in somebody’s death, you could face homicide charges.
There are strong defenses that might be available if you are charged with an offense of this nature, and a skilled meth DUI attorney serving Phoenix can help you assert the ones that apply to your case. As a threshold matter, the police and the prosecutor are required to follow certain rules. For example, the police must safeguard your constitutional rights. They cannot stop your car for no reason; rather they must have a reasonable suspicion of criminal wrongdoing. If you were stopped on a hunch, you may be able to get evidence obtained during the stop, including chemical tests that showed you had meth or its metabolites in your blood, suppressed. There may be a strong defense in showing that the field sobriety tests that were administered were not valid for meth.
Sometimes a meth drug DUI charge is accompanied by other charges such as a meth possession or meth transportation charge, possession of drug paraphernalia, meth possession with intent to sell, or disorderly conduct charges. It is important to consult an attorney that is well-versed in how each charge is handled and understands how to mount the strongest possible defense.
Meth drug DUIs are serious and can result in prison time, and you should act quickly to address any charges of this kind. James E. Novak is a former prosecutor who helps defendants in the Phoenix area including in Scottsdale, Mesa, Gilbert, Chandler, and across Maricopa County. Contact James Novak at (480) 413-1499 or via our online form.