Can You Get a DUI in Arizona for Taking Your Prescription Medication?
Here’s What Tucson Drivers Need to Know
Most people understand that driving under the influence of alcohol can lead to a DUI. What many don’t realize is that prescription medications—taken exactly as prescribed—can also result in DUI charges in Arizona.
This comes as a shock to countless people every year, especially professionals, parents, caregivers, and others who rely on their medication responsibly. As a Tucson DUI defense attorney representing clients throughout Pima County, I see this misunderstanding more often than any other issue in drug-related DUI cases.
If you’ve ever wondered how medications like Ambien, Xanax, gabapentin, antidepressants, sleep aids, or ADHD medications impact DUI law in Arizona, this guide breaks it all down—clearly and in plain English.
Why Arizona Is One of the Strictest States for Drug-Related DUI Charges
Arizona has some of the strictest DUI laws in the country. Under A.R.S. § 28-1381(A)(1), a person can be charged with DUI if they are:
“impaired to the slightest degree”
by
alcohol, illegal drugs, OR prescription medication—even when legally obtained.
That means:
You can take a prescribed medication exactly as your doctor instructed,
Drive without drinking a drop of alcohol,
Have no intention of harming anyone,
And still be charged with a DUI.
The law does not require the state to prove you took too much, misused the medication, or knew it would impair you. “Impaired to the slightest degree” is an extremely low threshold.
This is why drug-related DUI cases often require both legal strategy and careful investigation into medical conditions, prescriptions, and toxicology.
Two Types of Drug-Related DUIs in Arizona
Arizona has two main DUI theories in drug-related cases.
1. Impaired to the Slightest Degree – A.R.S. § 28-1381(A)(1)
This applies to any substance — prescribed, over-the-counter, illegal, or unknown — if the officer claims it impaired your driving.
You can be charged even if:
You had a valid prescription
You followed the dosage
You did not feel impaired
You showed no obvious signs of intoxication
The state only needs to argue that your driving or behavior was affected “even slightly.”
2. Drug or Metabolite in the Body – A.R.S. § 28-1381(A)(3)
This applies only to substances listed under A.R.S. § 13-3401, Arizona’s controlled substances statute.
If a drug is listed there, and it appears in your blood without a prescription, it can lead to a per se drug DUI.
Importantly:
Not all medications are listed under § 13-3401.
Many common meds (antidepressants, sleep aids, mood stabilizers, nerve pain medications) are not prohibited substances.
But the state often charges both theories anyway—and a strong defense can eliminate at least part of the case.
What Officers Look for in Prescription-Related DUI Stops
Most drug DUIs in Tucson and Pima County start the same way:
A minor traffic violation
A call of a “welfare check”
A single-vehicle accident
Someone pulled over on the side of the road
A report of “erratic driving”
When officers suspect medication involvement, they look for things like:
Slurred or slow speech
Confusion or delayed responses
Difficulty finding documents
Bloodshot or watery eyes
Poor balance
Sleepiness or unusual fatigue
A change in story or inability to recall events
These observations can occur with:
Sleep medication hangovers
Anxiety medication
Pain medications
Antidepressants
ADHD medications
Polypharmacy (multiple meds interacting)
Chronic medical conditions
Insufficient sleep
Unfortunately, officers often interpret medical symptoms as impairment, even when they are unrelated.
The Role of the DRE (Drug Recognition Expert)
If an officer suspects drug impairment, they often call a Drug Recognition Expert (DRE) to evaluate the driver.
A DRE will assess:
Vital signs
Pupil size
Muscle tone
Balance
Behavior
Medication bottles in the car
Statements made at the scene
But DRE evaluations are not medical examinations. They are police-administered checklists.
As a DUI defense attorney, I regularly challenge DRE evaluations based on:
Inconsistency with toxicology
Failure to rule out medical conditions
Misinterpretation of symptoms
Lack of pharmacological training
Improperly administered “12-step” protocol
DRE opinions are often treated as authoritative — even though they are not based on scientific testing.
How Toxicology Results Work (and Why They Can Be Misleading)
Many people assume that if a blood test shows a medication, the case is “open and shut.” But toxicology results in drug DUIs are not as straightforward as most people think.
Toxicology often detects:
The presence of a medication
The presence of metabolites
Substances that aren’t on the prescription record
Substances to which the person has developed tolerance
Substances at therapeutic, subtherapeutic, or unknown levels
But toxicology does NOT prove:
That the person was impaired
When the medication was taken
Whether the person followed the prescription
Whether the medication was counterfeit
Whether multiple medications interacted unexpectedly
Whether the person knowingly consumed the substance
Blood tests can confirm what is in your system — but not whether it impaired your driving.
That distinction matters enormously in defending drug-related DUIs.
The MVD Hearing: Why Your License Is at Stake Before Court Even Begins
Most people charged with DUI in Pima County are surprised to learn they have two separate cases:
The criminal case
The MVD (Motor Vehicle Division) administrative case
These are completely independent.
At the MVD hearing, the question isn’t guilt or innocence — it’s:
Did the officer have “reasonable grounds” to believe you were impaired?
Was a valid blood test taken?
Is there a prohibited drug under §13-3401?
Someone can win the MVD hearing and still lose the criminal case, or vice versa.
A skilled Tucson DUI attorney can challenge:
The legal basis for the stop
The officer’s observations
The DRE’s opinion
Gaps in toxicology
Whether the officer followed proper procedure
Whether the test result was properly submitted
This is particularly important in medication-based DUI cases, where impairment evidence is often weak.
Why Prescription DUI Cases Are Defensible
Although medication-based DUIs are charged aggressively in Arizona, they are also some of the most defensible DUI cases—when a thorough investigation is done.
Common defense strategies include:
1. Valid Prescription
Showing the medication was legally obtained and taken as directed.
2. Non-Prohibited Substances
Many medications found in toxicology are not controlled substances under §13-3401, meaning the per se drug charge may not apply.
3. Lack of Impairment Evidence
The state must prove impairment under (A)(1), not just the presence of a substance.
4. Polypharmacy Analysis
Explaining how multiple medications or chronic medical conditions can create symptoms mistaken for impairment.
5. Counterfeit or Misrepresented Medication
International or online medication purchases may contain substances not disclosed on the label.
6. Medical Documentation
Because many medical symptoms overlap with “signs of impairment,” documenting the driver’s medical history can be critical.
7. Involuntary Intoxication
In rare cases, a person unknowingly takes a substance they did not intend or expect.
Why Accident Cases Are Often Misinterpreted
A one-vehicle accident or hitting a curb is frequently assumed to be evidence of impairment.
But in real life:
Fatigue
Distraction
Weather
Medical episodes
Road conditions
GPS reliance
Sudden braking by another driver
Confusion about an unfamiliar road
all cause accidents completely unrelated to intoxication.
As a DUI defense lawyer in Pima County, I see officers regularly jump to conclusions when medication is involved.
That’s why accident-based DUI cases often require:
Reconstruction analysis
Review of body camera footage
Comparison of statements
Review of medical records
Toxicology interpretation
Each piece matters.
Why Having a Tucson DUI Attorney Matters Even for “Prescription-Only” Cases
People charged with prescription-related DUIs often tell me:
“I didn’t do anything wrong — I took my medication exactly the way my doctor told me.”
Unfortunately, the legal system doesn’t automatically give people the benefit of the doubt. These cases involve:
Scientific issues
Medical issues
Toxicology interpretation
MVD administrative consequences
Licensing and employment consequences
Criminal court outcomes
Even when charges are ultimately reduced or dismissed, getting there requires strategy—not simple explanations.
Protecting Your Career and Professional License
For many professionals in Tucson—including nurses, teachers, military service members, caregivers, commercial drivers, and government employees—a DUI can trigger:
Fingerprint Clearance Card suspensions
Board investigations (nursing, medical, real estate, behavioral health, education)
Employment termination
Loss of security clearance
Ineligibility for certain assignments
Medication-related DUIs often create more confusion because:
The person wasn’t drinking
They were taking prescribed medications
They didn’t intend impairment
They may have medical conditions that impact behavior
A strong legal defense early in the case can minimize or even avoid these collateral consequences.
Final Thoughts: Medication-Related DUIs Are Defensible—You Don’t Have to Navigate This Alone
Being charged with a DUI because of your prescription medication is frightening and overwhelming. The system is complex, the standards are confusing, and the consequences are serious.
But these cases are absolutely defensible when:
The toxicology is interpreted correctly,
The medical context is properly explained,
The officer’s conclusions are challenged,
And the situation is investigated thoroughly.
If you’re facing a prescription-related DUI in Tucson or anywhere in Pima County, you deserve a defense strategy grounded in science, law, and an understanding of real life.
If You Need Help With a Prescription-Related DUI in Tucson
I represent clients throughout Tucson and Pima County in DUI cases involving:
Prescription medication
Sleep aids
Anxiety or depression medication
ADHD medication
Chronic pain medication
Foreign or mislabeled medication
Complex medical conditions
If you want to talk about your situation, I offer confidential consultations. You don’t have to figure this out alone.
Call AJB Law Firm today.
Speak with a Pima County DUI defense attorney who understands both the law and the science behind prescription-related DUIs.
