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Can You Be Arrested for Being High? | Sanctuary Bail Bonds

by | May 22, 2019 | Bail Bond | 0 comments

Yes and no. In 1962’s Robinson v. California, the Supreme Court made it clear that there is a difference between conduct (which in this case was using heroin) and status (being addicted to heroin). Criminal laws can punish conduct, but not status.

On the other hand, most people have probably heard catchphrases like “if you drive high, you get a DUI.” In other words, driving under the influence of drugs is like driving under the influence of alcohol. The complex definition in Arizona law includes street drugs like marijuana and cocaine, most prescription painkillers, and even a few over-the-counter sleep aids or other medicines.

Whether you are drunk or high while driving, the offenses and penalties are basically the same. If you get behind the wheel of a vehicle with an impairment due to a substance you are taking a risk and if you are arrested there will surely be a category of a conduct law that you will fall into. Because a number of defenses are available, working with Sanctuary Bail Bonds at the very start to get you out of jail (bail bonds Phoenix) throughout Arizona, gives your defense an awesome  jump-start.

Jail Release Options in a DUI

Most DUI cases begin with a traffic stop or at a roadside checkpoint. Erratic driving can be a reason to stop a driver and sometimes, anonymous tipsters report intoxicated motorists, but these cases are rare. If the defendant remains in jail after the arrest, an attorney faces and uphill climb, because there is essentially a presumption of guilt.

Therefore, getting out of jail before trial is very important. First offense DUI is always a misdemeanor. So, OR (Own Recognizance) release may be an option but rarely is. Typically, the review board considers DUI a dangerous and violent crime, even if the case did not involve a collision. As a result, OR release is rare in DUIs.

Working with Sanctuary Bail Bonds (bail bond near me) is usually a much better option. For about a small percentage of the full bond amount (called the bail bond premium), the defendant gets out of jail. Additionally, a 24-hour bail bondsman carefully goes over all the bail conditions and also helps the defendant and their family understand the intricate Maricopa County criminal justice system.

Common DUI Bail Conditions

Some generic conditions apply in almost all criminal cases. For example, most defendants must remain in the jurisdiction before trial, personally check in with a bail bondsman, and stay out of trouble with the law. There may be some flexibility. For example, if you travel for work or have prepaid vacation plans, a bondsman may be able to work with you, as long as you work things out well in advance. Don’t wait until the last minute.

There are usually some offense-specific DUI bail conditions as well, such as an Ignition Interlock Device. IIDs cut off the vehicle ignition if the driver has a high BAC level. If you are experiencing addiction related symptoms or conditions during your bond release, your bondsman can be a helpful resource and support to you and your family. Be sure to call Sanctuary Bail Bonds at (602) 224-5247 / (602) BAIL 24/7 for all conduct related arrests. Our compassionate bond agents can accommodate the needs of various treatment programs or additional conditions that may apply when drug, alcohol or emotional problems are involved. For more information on how bail bonds work, click here.


Please be advised that and Sanctuary Bail Bonds is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter given that individual state, county or city laws may vary. provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.