Phoenix DUI Lawyer Blog

How Good DUI Lawyers Fight Gilbert DUI Charges

If you face Gilbert DUI charges, you will need an experienced DUI attorney or Criminal Defense Attorney who defends cases on a regular basis in Gilbert Arizona. In addition, there are things you can do in conjunction with the guidance of your Gilbert criminal attorney, to help get your case dismissed, reduce the charges, suppress evidence, or otherwise get the best possible outcome in your case.

Here are just a few abridged excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Gilbert 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 DUI Lawyer who defends DUI charges in Gilbert, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Gilbert DUI charge. You will need a Gilbert DUI Lawyer well versed in all such matters surrounding Gilbert DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Gilbert DUI Law. Gilbert Criminal Attorneys
and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but 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 Gilbert 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.

Document in Some Form Details and Narrative of the Incident As You Recall It: Your Gilbert DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Gilbert DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Gilbert drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Gilbert 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 Gilbert. In particular the reason for the stop can be one of the most important factors in defending your case.

Food and Drink Prior to the Mesa DUI arrest: Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. How long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place? Where was the location of the stop and results of each breath or blood test?

Medications and Physical Limitations: Include a description of any medications you were on. Indicate name, and dosage. Include for what reason were you were taking them (recreational or otherwise). If medical or dental, indicate the physical or mental conditions for which they were being taken. Your condition(s) may have impaired your ability to perform the field sobriety tests or could be a reason for the officers improper conclusion that your had been driving impaired. Also, get and preserve your medications scripts from your doctor and keep the original pill containers.

Contact the Arizona MVD If You Want a Hearing: In most cases the Gilbert 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 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 MVD matter is more like a second civil 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).

Communication is the Key: One of the questions you should ask when looking for DUI legal representation is "With whom will I be communicating with on a regular basis?" The Mesa DUI Attorney must be familiar with all the details surrounding your case. You need an open line of communication with them throughout your case, whether you have for questions, or need status or updates of your case, court dates, or if the Attorney needs to clarify something or needs other documentation you can provide for your defense. If you have hired an attorney, with whom you feel you can not get through to whe1n you call, or have difficulty communicating with, or do not have a professional comfort level with your case may be destined for failure. This is a major factor to consider, if and when you decide to hire a Gilbert DUI lawyer.

If you have been charged with any Gilbert DUI, Misdemeanor or Felony DUI, Repeat DUI, 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 Gilbert Drug DUI, 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).