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A DUI Drugs charge stacked with a Class 4 Felony narcotic drug count, marijuana possession, and drug paraphernalia could have produced prison exposure plus mandatory DUI penalties. Future First attacked the stop and the blood draw chain of custody and got every drug count dropped and the DUI reduced to Reckless Driving.
At a glance
| Court | West McDowell Justice Court |
| Original charges | DUI Drugs (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; Narcotic Drug Possession (ARS § 13-3408), Class 4 Felony; Marijuana Possession (ARS § 13-3405); Drug Paraphernalia (ARS § 13-3415) |
| Presumptive exposure | DUI Drugs C1M with mandatory minimum 10 days jail, fines and assessments over $1,500, MADD class, screening, IID for one year, 90-day to one-year license suspension, probation up to 5 years; stacked drug possession counts carried Class 4 felony exposure with prison time available |
| Result | DUI amended down to Reckless Driving (ARS § 28-693(A)), Class 2 Misdemeanor; all drug possession counts dropped; $460 fine inclusive of surcharges; 8 MVD points only; no jail, probation, IID, MADD, or license suspension |
| Eligibility for set aside | Approximately 2023 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2023 under ARS § 13-911 (Class 2 Misdemeanor 2-year wait) |
The stakes
The client was stopped in Phoenix in 2020 after an officer observed a defective tail light and speeding. The officer found a marijuana pipe in plain view and a silicone tray with THC residue. Blood testing showed active THC.
The State charged the client with DUI drugs as a Class 1 Misdemeanor, narcotic drug possession as a Class 4 Felony, marijuana possession, and drug paraphernalia possession. Conviction would have triggered mandatory jail, fines above $1,500, MADD class, ignition interlock, license suspension, and probation. The felony drug count alone carried prison exposure under ARS § 13-3408.
What we did
Future First attacked the stop, the field sobriety procedures, and the blood draw chain of custody. The firm pushed the State to evaluate the THC level and the lack of any alcohol involvement.
After the firm’s defense work, the State amended the DUI to Reckless Driving as a Class 2 Misdemeanor and dropped every drug count. The client paid a $460 fine and accepted eight MVD points. No jail. No probation. No IID. No MADD. No license suspension. The client is eligible for set aside under ARS § 13-905 as of 2023 and eligible to seal the record under ARS § 13-911 as of 2023.
What our clients say
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If you’re facing DUI Drugs plus stacked drug counts in Arizona
Arizona’s DUI Drugs framework under ARS § 28-1381(A)(1) and (A)(3) covers driving while impaired by any drug, including legal prescriptions, marijuana metabolites, and any illegal substance. When the stop also produces evidence of drugs in the vehicle, the State commonly stacks possession and paraphernalia counts on top of the DUI charge. The Class 4 Felony narcotic count under § 13-3408 is the heaviest of these, carrying prison range exposure on conviction.
Defense work on DUI Drugs plus stacked drug counts targets the chemistry, the stop justification, the field sobriety procedures, and the chain of custody on the blood draw. Each layer is a potential dismissal lever. When the chemistry shows active THC but no alcohol, the impairment narrative has to rely entirely on the officer’s observations, which often do not survive credibility review when the body-worn camera contradicts the report.
Reducing a DUI Drugs charge all the way to Reckless Driving while also dropping every stacked drug count is the strongest possible outcome short of full dismissal. Reckless Driving under § 28-693(A) is a Class 2 Misdemeanor with no IID, no MADD panel, no specific licensure flag, and a 2-year sealing wait.
Future First Criminal Law has handled DUI Drugs cases with stacked drug counts across Maricopa County and Arizona. We know how West McDowell Justice Court and other justice courts evaluate chemistry challenges and chain-of-custody issues, and how to push the State toward dropping the felony counts entirely.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
- Set aside and sealing in Arizona — how to clean up your record after a DUI or drug case
Call us
Facing DUI Drugs plus drug possession charges in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of Arizona DUI and drug cases. The earlier we are involved, the more options you have for chemistry challenges and felony-count dismissals.
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 and drug law, visit the Arizona State Legislature website.