602-900-7625
Free Consultation
A blood draw negative for alcohol but positive for prescribed Temazepam led to two separate DUI cases filed at Arrowhead Justice Court. Future First contested the State’s impairment theory in light of the prescription context and both cases were dismissed.
At a glance
| Court | Arrowhead Justice Court |
| Original charge | DUI – Drug Impairment Theory (ARS § 28-1381(A)(1)), Class 1 Misdemeanor (two separate cases filed from the same incident) |
| Presumptive exposure per case | Up to 10 days jail (9 suspendable on screening), fines and assessments around $1,500, 90-day to 1-year license suspension, alcohol or drug screening and treatment, ignition interlock 12 months, standard probation |
| Result | Both DUI cases dismissed (one in 2021, one in 2022); no conviction; no jail; no fines; no probation; no interlock |
| Eligibility for set aside | N/A (no conviction) |
| Eligibility for sealing | Immediate under ARS § 13-911 in 2022 (cases ended in dismissal) |
The stakes
The client was stopped in the Phoenix area in 2021 after deputies observed driving without headlights and lane drift. Field sobriety testing produced multiple clues. A blood draw was negative for alcohol, but later toxicology returned positive for prescribed Temazepam and a trace metabolite, leading the State to charge a drug-impairment DUI under ARS § 28-1381(A)(1).
The defense pushed back on the State’s theory of impairment given the prescription context, the absence of alcohol, and the borderline factual record. The State filed two separate cases out of the same incident, which doubled the exposure.
What we did
Future First pressed the impairment theory, the prescription-context defenses, and the gap between the State’s allegations and the toxicology record. After the firm’s defense work, the State filed two separate cases out of the same incident and dismissed both within months.
The client walked away with no conviction, no jail, no fines, no probation, and no interlock. Because there was no conviction, ARS § 13-905 set aside and ARS § 13-911 sealing of conviction records do not apply. The client is eligible to seal the arrest record under ARS § 13-911 in 2022.
What our clients say
Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.
If you’re facing a prescription-drug DUI in Arizona
Arizona’s DUI Drugs statute under ARS § 28-1381(A)(1) covers driving while impaired by any drug, including legal prescription medications. The statute does not require alcohol. A blood draw showing therapeutic levels of a prescribed medication can be enough to trigger a DUI charge if the State argues the driver was impaired by the medication.
Prescription-drug DUI cases turn on the impairment theory itself. The State has to prove that the medication actually impaired the driver’s ability to operate the vehicle to the slightest degree. Toxicology showing only therapeutic levels of a properly prescribed medication does not automatically prove impairment. Defense work in these cases focuses on the gap between the medication’s known pharmacology, the driver’s prescription history, and the field observations the officer used to justify the arrest.
Temazepam, a benzodiazepine commonly prescribed for sleep disorders, has a documented effect on driving when taken outside prescribed dosing. When the driver is taking the medication as prescribed, the impairment theory is weaker. The State’s case relies almost entirely on the officer’s narrative of driving behavior and field sobriety performance, which can be challenged when the body-worn camera and dashcam tell a different story.
Future First Criminal Law has handled prescription-drug DUI cases across Maricopa County and Arizona. We know how Arrowhead Justice Court and other justice courts evaluate impairment-theory challenges, and how to push the State toward dismissal when the chemistry does not support the case.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Set aside and sealing in Arizona — how to clean up your record after a DUI case
Call us
Facing a prescription-drug DUI charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of Arizona DUI cases at every tier. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona DUI law, visit the Arizona State Legislature website.