If you are not a U.S. citizen and are facing drug DUI charges in Phoenix, the stakes can be especially high. A criminal case can affect both your freedom and your immigration future. Depending on the specific charge, the substance involved, your immigration status, and how the case is resolved, a drug-related DUI may create serious immigration consequences.
Arizona treats drug DUI offenses seriously, with penalties ranging from misdemeanor charges to aggravated felony DUI offenses. It is important to work with a criminal defense attorney who understands not only Arizona DUI law, but also how a plea or conviction may affect your immigration status.
At Vianey K. Hurtado Law, we handle both criminal defense and immigration matters. This allows us to evaluate the criminal case while also considering potential immigration consequences. Our firm serves clients in Phoenix, Yuma, and throughout Arizona.
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Under Arizona law, a person may be charged with DUI for driving or being in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, a vapor-releasing substance, or a combination of those substances. Arizona law also separately prohibits driving while certain drugs or their metabolites are present in a person's body. (A.R.S. § 28-1381)
Drug DUI cases may involve substances such as marijuana, cocaine, methamphetamine, amphetamines, prescription medications, or other drugs. The specific substance involved can matter significantly, both in defending the criminal case and in evaluating possible immigration consequences.
Penalties depend on the specific circumstances of the case, including prior DUI history and whether any aggravating factors are present.
This charge is a Class 1 Misdemeanor. It may result in up to 10 days in jail, a $1000 fine, and license suspension for up to a year. Because every DUI case is different, the potential penalties should be evaluated based on the specific charge and facts.
Prior DUI convictions can substantially affect both the potential sentence and the defense strategy.
This charge is also a Class 1 Misdemeanor, but the penalties are more severe. They include at least 90 days in jail, $3500 in fines, 30 hours community service, and license suspension for at least a year.
A DUI can also be charged as an Aggravated DUI in other circumstances. For example, if a child under the age of 15 is in the vehicle, the offense may qualify as an Aggravated DUI and is generally classified as a Class 6 felony.
Extreme and super-extreme DUI classifications are based on alcohol concentration, not drug concentration. Those offenses carry enhanced criminal penalties and may also create additional concerns for non-U.S. citizens depending on the specific facts and how the case is resolved.
For non-U.S. citizens, a drug DUI case can create serious immigration concerns. The immigration consequences depend on the exact charge, the substance involved, the person’s immigration status, criminal history, and—most importantly—how the case is ultimately resolved.
Drug-related offenses can carry very different immigration consequences than alcohol-related DUI offenses. Because of this, the criminal defense strategy should take immigration law into account from the beginning. In some cases, an attorney may be able to negotiate a resolution that avoids a drug-related conviction and reduces the risk of immigration consequences.
No plea should be considered “immigration safe” without reviewing the specific statute, factual basis, sentence, and the client’s immigration history. A resolution that looks favorable in criminal court may still create problems in immigration court or with future applications for immigration benefits.
At Vianey K. Hurtado Law, we practice both criminal defense and immigration law, allowing us to evaluate proposed plea agreements from both perspectives before a client makes a decision.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide a knowledgeable legal team. We will create a relevant strategy to achieve the best outcome for your case. Our firm serves members of the Phoenix and Yuma communities and throughout Arizona.
If you need a drug DUI immigration attorney in Arizona, contact us today. We will provide you with a thorough case evaluation.
