Defendant Charged With Drug Dui Has Burden To Prove Drug Was Prescription And Used As Prescribed

The Arizona Court of Appeals recently held that a defendant charged with a drug DUI who believes he was properly using a prescription drug has to prove that affirmative defense by a preponderance of the evidence. The burden is placed on the defendant rather than being treated like a justification defense in which the State would have the burden of proving beyond a reasonable doubt that the defendant was not using the prescription drugs in his system as prescribed. See State v. Bayardi/Fannin, 1 CA-CV 11-0615.

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