Memorial Day weekend may be a time of partying both on and off the water. You can be assured that there will be law enforcement paying special attention to our DUI (Driving Under the Influence) and BUI (Boating Under the Influence) or OUI (Operating Under the Influence) laws. In our state you can get an Arizona DUI without being drunk, or having had any alcohol at all.
How can you possibly be impaired if alcohol is not involved? Here is the answer, and some advice, from James Novak, an Arizona DUI and Criminal Defense Attorney in Tempe.
"You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication.
News agencies reporting on Arizona Department of Public Safety Laboratory analysis report that Arizona arrests surged in 2009 over 2001 by 377% due to DUIs linked to legally prescribed medications such as anti-depressants (Valium and Xanax) and benzodiazepine (psychoactive drugs, such as those used to treat muscle pain, anxiety or insomnia). Arrests can occur even if you are driving impaired due to an over-the-counter accessible medication. If a law enforcement officer stops you, and suspects you of driving impaired, in the absence of alcohol use you will be subjected to a toxicology testing based on blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severity of the DUI charge will be based on how much of the substance(s) was or were found in your bodily system based on toxicology results.
It can easily happen to anyone, anytime, anywhere. So if you are taking any medications that may impair your ability to drive or operate watercraft safely, you are better off finding someone else who is not impaired to do the driving. Leave the keys; you and everyone else will have piece of mind and be a lot safer."
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