Is there a difference in the way someone is charged if the DUI is drug related, not alcohol?

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I live in Arizona, and my friend is in jail for a drug (Marijuana) DUI, rather than an alcohol related DUI. It is classified an Aggravated DUI since he lost his license a while back, and unfortunately he is facing another DUI for the same type of thing. I am trying to figure out if there is a difference between the way he is being charged because it is drug related. Any advice would be wonderful at this moment!
Thanks!!!!!


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  1. Santa Pinch-A-Loaf says:
    June 30, 2009 at 11:28 pm

    yea they wont be charged with the PAC(prohibited alcohol concentration) statute but by law one of the 2 DUI charges with alcohol has to be dismissed anyways(either the DUI or the PAC)…. it will end up being the same punishment plus a possession charge most likely

    since it’s Agg. DUI it could be a felony and he would face a max sentence of at least a year in prison

  2. Carrie H says:
    June 30, 2009 at 11:28 pm

    Well, DUI stands for Driving Under the Influence. ALCOHOL isn’t in the name, so it could probably mean under the influence of any drug or alcohol.

  3. toneykuhnz says:
    June 30, 2009 at 11:28 pm

    1st answer is right, a PAC above your states legal limit wont be charged in this case because he wasnt using alcohol. However, his charge will include a possesion or consumption of a controlled substance, that charge will take the place of the PAC county. Im not sure what the sentences are under that charge but normally the accompanied charge (such as the PAC or the possession) will be thrown out and the DUI will be charged only. This will be charged and sentenced the same way as a regular alcohol related DUI would be. His sentence and/or fine will be much higher because it is a second offense.
    Hope this helps

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