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Scottsdale DUI, DWI, OUI, Drunk Driving Attorney Law Firm
Defend Your Scottsdale DUI Drug Charges

A Driver who is charged with a DUI in Scottsdale, Arizona who tests positive for illegal drugs are subject to drug DUI charges in the state of Arizona. The Laws are strict; the punishment harsh. The simple presence of a drug in your system is enough for the Scottsdale Police to charge you, if they feel you were "impaired to the slightest degree." If charged, you will need to hire a DUI Attorney who defends DUI and drug DUI in Scottsdale on a regular basis to defend you. They must have must have the knowledge, experience, training, litigation background and the forensic tools needed to challenge Scottsdale, Arizona a Drug DUI.

From a penalty and sentencing standpoint, they are treated the same as a DUI with alcohol, even if the drug was a prescribed by your physician, an over the counter drug, or any other drug taken legally. The city of Scottsdale, State of Arizona and Prosecution want that conviction. They will stack the cards against you. They do not care why you were taking it and driving. The only thing that matters to them is that you had a drug in your system, tests were positive, you were driving, and in their opinion it impaired your driving, end of story to them. But it does not have to be the end. The charges should be the beginning of your journey to fight for your constitutional rights and freedom. If you hire the services of a good Attorney who defends these types of cases in Scottsdale courts, the story is far from over. Hiring a good Drug DUI attorney to represent you in Scottsdale can mean the difference within a range of a Drug DUI conviction and a total dismissal of your charges. That's the real story.

A good Scottsdale DUI lawyer will examine some of the following issues. Based on the answers to these questions, they may be able to get evidence suppressed; charges reduced or even a total dismissal of your charges. These excerpts have been cited from "101 DUI Defenses" Book from the Winning Defense Strategies Series -Author: James Novak. Note: This list is far from inclusive:

• What was the reason for the stop? The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle.

• Was there probable cause for arrest? But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

• Was your blood sample preserved properly and according to protocol?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

• Was the Urine Specimen collected, tested and transported properly?
The urine sample taken for drug testing must also be properly tested according to
required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

• Were second samples given to you in order for your Defense Attorney to have them independently tested?
For instance, if your DUI/DWI charge was based on a blood draw, you have the
right to obtain an independent blood test sample. If the police deny you a
"fair chance" to obtain exculpatory evidence, your constitutional rights has
been violated.

• Were you under the influence of a legal medication that did not impair your driving? The police will attempt to charge you for prescription drug DUI if they can not charge you with an alcohol based DUI. Therefore, the argument and testing would need to confirm that you were not driving impaired to the slightest degree, due to this prescribed or otherwise legal medication. Just because a drug legal, harmless, prescribed or not, was found in your system, does not mean it impaired your driving. If not, this must be challenged.

• Did police possess a legal and justifiable reason to search you and your vehicle?
The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent, or a search warrant. Evidence found illegally without your consent or probable cause to search you, can usually be suppressed in court by an experienced and competent DUI Lawyer. The case and facts need to be reviewed to determine if your Constitutional Rights were violated and should the evidence be suppressed or the case dismissed.

These are just a few defenses your Arizona drug DUI defense attorney should review in building your defense. With an experienced Scottsdale DUI Drug Defense Attorney your chances of getting a good to great outcome on your case increase drastically. They will determine and argue if the charges were unjustified, unfounded, unproved, or if your constitutional rights were violated in any way. If that is the case, your charges should immediately be dismissed. Give Yourself a second chance and a front and last line of defense.

If you have been charged with any Scottsdale, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Scottsdale DUI Defense Attorney and James Novak (Former Prosecutor).