Defense Strategy: Drug DUI
ALERT: Standard Patrol
Arrests in Scottsdale are currently under high scrutiny.
If you are reading this, you are facing the full weight of the Maricopa County legal system. An arrest for Drug DUI by the Scottsdale PD is designed to shock and intimidate you.
Scottsdale's "Zero Tolerance" Drug Policy
Scottsdale Police are aggressive about drug enforcement. Under ARS 28-1381(A)(3), it is illegal to drive with any amount of a listed drug or its metabolite in your system. This means you can be arrested for a Drug DUI days or even weeks after consuming marijuana, even if you were completely sober while driving. We challenge the constitutionality of this "metabolite" statute in the Scottsdale City Court by proving there was no actual impairment.
The "Prescription Trap" Defense
A significant number of arrests in North Scottsdale involve valid prescriptions—Ambien, Xanax, or Percocet. Officers often arrest drivers simply for admitting they take medication, even if they are driving perfectly. We present your medical history and expert testimony to prove you were taking your medication "as prescribed" and had built up a tolerance that negated any impairment.
Challenging the DRE (Drug Recognition Evaluator)
Scottsdale PD relies heavily on "Drug Recognition Evaluators" (DREs)—officers with special training who claim they can detect drug influence by looking at your eyes and pulse. This is pseudo-science. We cross-examine the DRE on the 12-step protocol. If they missed a step, or if their "clinical" observations (pulse, muscle tone) don't match the toxicology report, their testimony falls apart.
The "Ambien Defense" (Sleep Driving)
We handle many cases where a client took sleep medication and "sleep-drove" without conscious intent. In Scottsdale, prosecutors try to treat this as a standard DUI. We argue the "Involuntary Act" defense—that you were not conscious and therefore could not form the criminal intent to drive under the influence.
Your Professional License is at Risk
A Drug DUI conviction carries a unique stigma that can trigger immediate suspension of medical, nursing, or pilot licenses. The board views drug charges differently than alcohol. We specialize in negotiating "Diversion" or plea deals that avoid the specific drug classifications that trigger automatic board reporting.
Click here to call our priority line now for a confidential analysis of your blood report.
Previous Winning Defense: The Shelter Rule
Using the car as shelter (sleeping) is a valid defense against Actual Physical Control.
DEFENSE RADIUS: SCOTTSDALE CITY COURT
CRITICAL: 15-Day Deadline
You have exactly 15 days from arrest to request an MVD hearing.