Drug DUI

DUI with Drugs Attorney in Tucson

Drugged Driving Charges in Tucson: How We Help You Move Forward

Our team at Law Office of Carlos A. Medina, PLLC guides you with honest legal advice and clear information, so you can confidently address each step after an arrest. As a trusted DUI with drugs attorney in Tucson, we handle each case personally and never leave you guessing about your next move.

We draw from years of criminal defense experience assisting individuals across Pima County who need a reliable DUI with drugs lawyer in Tucson. Local enforcement uses procedures unique to Southern Arizona, so understanding these differences gives you a stronger defense strategy. 

We remain current with changes in Arizona law and Tucson-area protocols so our advice truly fits your circumstances. From your first meeting with us, you gain not only advocacy but also respect and reliable communication that make navigating the legal system more manageable.

Call a knowledgeable DUI with drugs attorney in Tucson at (520) 251-9561 or fill out this online form now for a free consultation and immediate intervention on your license suspension.

Understanding Arizona's DUI With Drugs Laws (ARS § 28-1381)

Arizona Revised Statute § 28-1381 is the primary DUI statute, but its application for drug cases requires a highly specialized DUI with drugs attorney in Tucson to defend. The State can prosecute a drug DUI under two distinct theories:

1. The Zero-Tolerance Violation (ARS § 28-1381(A)(3))

This statute makes it illegal to drive if there is "any drug defined in section 13-3401 or its metabolite" in your body. This includes illicit substances (like cocaine or heroin) and, crucially, their inactive metabolites, which can remain in your system for days or weeks after use.

  • Key Challenge: This is a per se violation, meaning the State only has to prove the drug or metabolite was present, not that you were impaired.
  • Medical Marijuana Exception: Arizona law provides a key defense for medical marijuana patients against this subsection, requiring the State to prove impairment instead of just presence.

2. Impairment to the Slightest Degree (ARS § 28-1381(A)(1))

This applies to any drug—even legally prescribed medication like opioids, benzodiazepines (Xanax), or antidepressants—if the substance makes you "impaired to the slightest degree."

  • Key Challenge: The State must prove actual impairment. Your defense relies on arguing that any observed symptoms (e.g., poor FST performance, drowsiness) were caused by factors other than the prescribed drug, such as fatigue, injury, or weather.
  • Prescription Defense: Having a valid prescription is generally a defense to the zero-tolerance charge (A3), but it is explicitly not a defense to the impairment charge (A1). Even if your prescription is valid, you can be convicted if you were impaired.

Mandatory Penalties for a DUI with Drugs Conviction in Arizona

A conviction for DUI with drugs is a Class 1 Misdemeanor, carrying the same severe mandatory minimum penalties as a first-time alcohol DUI (unless Aggravated DUI is charged). We work tirelessly to avoid these consequences:

  • 1st Misdemeanor DUI (Drugs): Mandatory 10 consecutive days in jail (may be reduced to 1 day with screening); minimum fines over $1,500; 90-day license suspension and 1-year ignition interlock device (IID).
  • 2nd Misdemeanor DUI (Drugs): Mandatory 90 days in jail (may be reduced to 30 days); minimum fines over $3,500; 1-year license revocation and IID.
  • Aggravated DUI (Felony): Mandatory state prison time; fines up to $150,000; license revocation.

Why Trust Your DUI with Drugs Defense to Our Tucson Team

When you choose Law Office of Carlos A. Medina, PLLC, you work with a team deeply committed to protecting your rights at every stage of your DUI with drugs case. Our founder, Carlos A. Medina, meets with every client directly. We take the time to listen and build a defense tailored for your goals, not someone else's. 

Here’s what you can expect:

  • Direct communication with your attorney: You’ll work with Carlos, not an assistant or case manager, throughout your entire case process.
  • Reasonable, transparent fees: We focus on accessible pricing, making quality legal representation possible for the Tucson community.
  • Bilingual service: Our English and Spanish fluency allows us to serve more clients effectively across the region.
  • Free in-person consultations: No-cost, face-to-face meetings mean you get reliable insights and a real understanding of your options from day one.
  • Dedicated advocacy for your future: We work to protect your legal rights, your record, and help you move forward with the least amount of disruption.

Clients tell us that working with a responsive DUI with drugs attorney in Tucson helps ease their stress and builds trust from the start. Whether you communicate in English or Spanish, you receive guidance that’s both thorough and easy to follow.

Protect your freedom and MVD record. Contact the Law Office of Carlos A. Medina, PLLC by calling (520) 251-9561 for a free consultation with a dedicated DUI with drugs attorney in Tucson. We are available to fight for you.

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Our Step-by-Step DUI with Drugs Defense Process in Tucson

We use a structured process to support every DUI with drugs defense case, so you always know what’s happening and what comes next. Our approach adapts as new developments occur, staying nimble to changes at every phase. 

Here is how we help you navigate a DUI with drugs case in Tucson:

  1. Initial in-person consultation: We start by listening to your concerns, answering immediate questions, and evaluating your arrest for procedural issues.
  2. Case investigation: We examine police documents, chemical test results, and available evidence with a critical eye.
  3. Personalized legal strategy: You receive clear, practical recommendations crafted with your particular circumstances in mind. We never use generic templates.
  4. Consistent communication: We provide regular updates, so you always know where your case stands, in either English or Spanish.
  5. Guidance at each phase: We support you through all steps, from initial hearings to administrative matters, so you feel less overwhelmed.

Deadlines set by the Arizona Motor Vehicle Division or the courts in Pima County can come quickly after your case begins. Our team helps you track these actions and stay ahead of important decision points.

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The Arizona Criminal Defense Process for Drug DUI

The defense process involves two separate, but connected, fights: the criminal case and the administrative license suspension hearing.

  1. Immediate MVD Hearing Request: You have only 15 days from the arrest date to request an administrative hearing with the Motor Vehicle Division (MVD) to challenge the license suspension. Failure to act results in an automatic 90-day suspension. We act immediately to secure this hearing, which often allows us to cross-examine the arresting officer under oath—a key discovery tool for the criminal case.
  2. Motions to Suppress: We file crucial pre-trial motions to suppress any illegally obtained evidence. This includes challenging the probable cause for the stop, the detention, the arrest, and the subsequent blood draw.
  3. Scientific & Expert Defense: We consult with forensic toxicologists to analyze the State’s blood test results, determine therapeutic ranges for prescribed drugs, and argue the lack of correlation between metabolite presence and actual impairment.
  4. Trial Readiness: Leveraging our firm's scientific and procedural challenges, we force the prosecution to negotiate, often resulting in a dismissal or a reduction of the charge to Reckless Driving or Impaired Driving, avoiding the mandatory jail time and IID requirements of a full DUI conviction. We are your assertive Tucson DUI with drugs lawyer advocate.

Taking Control After a Drug Intoxication Arrest in Tucson

Acting promptly after a DUI with drugs arrest in Tucson can protect your rights from the beginning. Each stage you face—from administrative license action to court hearings—has strict deadlines. Our team provides the information and support to help you respond confidently and prepare for what’s next, making us a trusted DUI with drugs attorney in Tucson.

  • Confidential in-person consultation: You meet with our DUI with drugs lawyer, not staff, to talk candidly about every detail before making decisions.
  • Review of arrest procedures: We analyze step-by-step events leading to your stop, sobriety testing, and any search or seizure for possible rights violations.
  • We clarify every consequence and keep you informed about upcoming steps, from the DMV's role in license suspensions to required court dates.
  • Strategic defense planning: You receive legal guidance personalized to your goals, whether you face consequences related to your job, immigration status, or driving record.
  • Our bilingual support means you always understand your options, no matter your primary language.

Many arrests stem from traffic stops handled by Tucson police or county deputies, which can impact the process depending on the agency’s rules and the location of your stop. With our DUI with drugs attorney in Tucson, you have a resource that explains local court notices, administrative steps, and transportation department procedures clearly, so you never face surprises. Understanding each part of the local process takes the guesswork out of defending your rights and empowers you to work closely with your legal team. Your involvement and confidence in the process increase when you know precisely what to expect in either English or Spanish communication.

Take the Next Step: Contact a DUI with Drugs Attorney in Tucson

If you are facing DUI with drugs or drug intoxication charges, contact Law Office of Carlos A. Medina, PLLC today to schedule a free, confidential in-person consultation with a DUI with drugs lawyer in Tucson. Our bilingual team makes it easy to discuss your case in English or Spanish. We offer clear answers and practical next steps tailored to your unique situation. 

Don’t navigate Arizona’s strict DUI with drugs laws or Tucson’s local court requirements alone. Call us now at (520) 251-9561 or contact us online to take control of your future and begin building your defense.

Contact Us Today

Call (520) 251-9561 or fill out  the form below to get started.
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CRIMINAL DEFENSE FAQ

  • If I’m innocent, do I really need an attorney?
    Guilt or innocence aside, your future is in jeopardy in the face of criminal allegations. You need an attorney who can protect your rights to show the judge and jury that you are innocent. Legal processes must be followed, and attempts by the prosecuting attorney and law enforcement to secure a conviction must be effectively countered. Even if you are innocent, you need a professional to handle your case.
  • What is a plea agreement? Should I accept it?
    A plea agreement typically involves lesser charges or punishment offered in exchange for a plea of guilty or no contest. Do not accept a plea offer without first talking to your attorney. You need to be certain that this is in your best interests. In some cases, a skilled criminal defense lawyer may be able to fight your charges and help you avoid a conviction altogether – which is far more advantageous than any plea agreement.
  • If I refuse to give a statement or answer a question, will I face criminal charges?
    As already mentioned, you have the right to remain silent. You can politely refuse to answer questions posed to you by a police officer, and you should not face criminal charges simply for exercising this right. Depending on the situation, however, you may still be arrested and taken into custody. Be sure to request to speak to your attorney, who may be able to challenge an unlawful arrest.
  • What are my rights if I'm arrested?
    If you’re arrested, you have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. These rights are essential, as anything you say or do after you are taken into custody may be used against you in court. Exercise your rights and protect your interests.
  • Do I have to consent to a search of my home or vehicle?
    The Fourth Amendment to the U.S. Constitution offers protection against unreasonable searches and seizures. This means that law enforcement cannot simply search you or your property or make an arrest without probable cause. You have the right to refuse a law enforcement officer’s request to search your car or your home, but if they have a warrant or believe they have probable cause, they may be able to conduct a search. If you believe your property was illegally searched, an attorney can assess the situation and determine whether this can be used to your advantage in challenging your arrest or charges.