Phoenix DUI Lawyer Blog

How good DUI lawyers beat DUI Charges!

If you have been charged with a Phoenix DUI, you should consult an experienced Phoenix AZ DUI attorney, or an Arizona DUI Attorney who defends DUI charges frequently in Phoenix, Arizona. You may be feeling helpless against the prosecution at this point. But there are things you can do, help get your case dismissed, charges reduced, evidence suppressed, or the otherwise best possible outcome in your case.

Here are just a five out of "24 things" from the third DUI Defense book from the Phoenix DUI Winning Defense Strategies Series by Author: James Novak, Phoenix Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a Phoenix DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are
difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Arizona DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome. You need an assertive attorney who does not just sit back and hope for the best. First of all, the best will not happen, in that event. Second of all, if you wanted that, you would not need an attorney at all. It's too important a matter. There's too much at stake, and the process is too difficult to take on your own, or to let "a family attorney" or someone who is not extremely competent in defending DUIs to handle your case.

Write, Type, or Document in some form a Detailed Narrative of the Phoenix DUI Stop and arrest as You Recall It: Your Arizona DUI Defense will depend on these specific facts about your DUI. Regardless of if your DUI was a Felony or Misdemeanor the same should be done. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The earlier you write your narrative - the chances of you forgetting something will decrease. Our memories of details begin to fade over time. Humans have an unconscious ability to forget the pain of trauma, or extremely unpleasant events over time. So the sooner you can recall and document the events, the better. A good DUI attorney will tell you that it is crucial for you to document a true and self-honest account of what happened, however painful it may be to recall. Include everything leading up to the initial encounter with Arizona law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Arizona. It is always best when discussing facts which could have adverse legal consequences that you maximize confidentiality when communicating with your DUI Attorney. Information is critical to build a case for your defense. The more you give your attorney to work with, the more information they will have to mount a strong defense. Details matter! Many cases have been dismissed based on what seemed to the defendant to be minor. Details that may not seem important to you may be just exactly what your Attorney needs to exercise a defense. Let your Attorney decide what is important or what may not be.

Contact the Arizona MVD If You Want a Hearing: In most cases the Phoenix Arizona police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This AZ MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The AZ MVD matter is a separate, more civil v. criminal matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Your Court Appearance: If you ignore or forget to appear or are late at your designated court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Judges and the prosecution frown upon this, and it is considered to be the utmost disrespect to them, their time, and their dockets. Tardiness for your court appearance sends a message to them that you are not taking the DUI charges seriously.The consequences of this could be quite unfavorable to your defense.

Communicate: If you have an attorney, you should get in the habit of staying in contact with him or her and keep the lines of communication open. That is there job as well. If you have hired an attorney, with whom you feel you can not communicate with, or do not have a professional comfort level with your case may be destined for failure. That should be a major factor to consider, if and when you decide to hire an attorney. In any event, contact them in the least prior to every court date. Make sure you coordinate the time and place to meet your attorney. You don't want any surprises. Remember, your Phoenix DUI Attorney works for you.

If you have been charged with any Phoenix DUI, Misdemeanor or Felony DUI, Repeat DUI, 3rd or 4th DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Phoenix Drug DUI, a DUI in Phoenix and you are an out of state Resident, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).