April 2011 Archives

April 28, 2011

How top DUI lawyers in Phoenix AZ get Felony DUI charges dismissed

If you have been charged with a felony DUI in Phoenix AZ, you will need to hire a qualified and experienced AZ Felony DUI defense attorney who defends cases often in Phoenix AZ court. Felony DUI charges are also known as "aggravated DUI charges". You have the right to hire a private AZ DUI Attorney to defend your Phoenix Felony DUI charges. An experienced felony DUI defense lawyer can often get your felony drunk driving charges dismissed. In the least, there is a good chance they can get the charges dismissed for reduced sentencing so that if convicted, will have the least adverse impact on your life and future.

Phoenix Misdemeanor DUI vs. Felony DUI in Arizona
Most DUI charges in Phoenix AZ are classified as misdemeanors. A misdemeanor DUI climbs to a more serious Felony DUI when the following factors are involved with your DUI:

• This is your third DUI or more within seven years;
• You were arrested for DUI while your driver's license was suspended, revoked or restricted.
• You were arrested for DUI with a minor under age 15 was in the vehicle.
• The DUI involved an auto accident which resulted in serious injuries or fatality.

Arizona Felony DUI Penalties
AZ Felony DUI convictions have considerably higher penalties, including increased jail or prison time than a misdemeanor DUI. Sentencing may include but are not limited to four months or more in prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle, at your expense; screening for admittance and entry into a mandatory drug or alcohol treatment program; probation; and felony criminal record that will follow you for years into the future.

Felony DUI Defense Phoenix AZ - Aggravated DUI Defense
Experienced DUI attorneys and AZ criminal defense lawyers will examine all the evidence, explore all avenues, and build a strong case to defend your Phoenix AZ felony DUI or aggravated DUI charges *Note, this list not all inclusive. Some cases involve none, one, or more issues to challenge depending on the circumstances:

• Cause for reasonable suspicion for the DUI stop. In Arizona, the officer must have a "reasonable suspicion: that the driver in the process or has committed a violation of law;
• Determine if "probable cause": existed to arrest you for felony DUI in Phoenix;
• Validity, objectivity, or lack thereof, the roadside sobriety tests, if you agreed to participate in them;
• Qualifications, credentials and experience of the officer who arrested you;
• Accuracy of chemical testing such as blood or urine samples;
• Errors or violations of required protocol for blood or urine testing, processing storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Calibration, and documented records analysis of the breathalyzer machine used including prior repairs, or general maintenance;
• External factors that had potential to compromise the validity and accuracy of breathalyzer, blood, or urine test results;
• Inadmissibility of some or all of the evidence the prosecution expects to use in an attempt to convict you of AZ felony DUI;
• Violation (s) of your Constitutional Rights including but not limited to the following:
Failure of police to give you a second sample for your defense, unwarranted search and seizure of you or your vehicle, failure to let you contact your AZ DUI lawyer at your request and earliest convenience; unnecessary use of force or intimidation, unjustified reason for the stop; and arrest without justifiable probable cause.

Felony DUI Defense Attorneys for Phoenix felony DUI
After your AZ DUI Lawyer or AZ criminal defense lawyer has gathered and examined all the evidence and facts, they will determine what defense strategies on which to best defend your felony DUI charges. They will present compelling arguments, and file appropriate motions in an effort to suppress evidence, reduce charges, or ultimately get your AZ DUI felony charges dismissed.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

Continue reading "Felony DUI Defenses" »

April 26, 2011

"Hiring the best Scottsdale DUI lawyer you can you will drastically increase your chances of getting your DUI charges dismissed... "

The penalties for conviction of a Scottsdale DUI (driving under the influence) or Scottsdale DWI (driving while intoxicated) conviction depend primarily on the type of DUI for which you were charged and whether or not you have a prior DUI or other criminal record. If you were arrested for a DUI in Scottsdale AZ you should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI charges in Scottsdale AZ on a regular basis. You will need to let them know the type of DUI you were charged with, and any prior Criminal or DUI conviction history, so they can help you further.

Overview -Types of Scottsdale DUI or Scottsdale DWI Charges
1) Impaired to the Slightest Degree or BAC above .080 (first offense)
2) Impaired to the Slightest Degree or BAC above .080 (second offense)
3) Extreme DUI BAC .150 -.199 (first offense)
4) Extreme DUI BAC .150 -.199 (second offense)
5) Super Extreme DUI BAC .200 or higher (first offense)
6) Super Extreme DUI BAC .200 or higher (second offense)
7) Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
8) Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

The impact of Sentencing with a prior DUI or Criminal Record
Any Scottsdale DUI or DWI is serious and carries mandatory jail sentences in addition to other penalties. A DUI in Scottsdale AZ with "priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

DUI Penalties for a Scottsdale DUI
Scottsdale DUI penalties are governed by the laws of Arizona. The penalties are included in the laws referenced in part from .azleg.gov/ArizonaRevisedStatutes.as follows:

"Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383

Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Any Scottsdale DUI conviction will expose you to the following penalties:
• Mandatory Jail
• Fines, Fees, Costs,
• Ignition Interlock Device installed in vehicle
• Screening and participation in alcohol/dug counseling or treatment program.
An aggravated DUI or felony DUI conviction carry the most severe penalties. These usually include extended incarceration, higher fines, fees, and costs, probation, among other penalties.

Scottsdale DUI Lawyers and Scottsdale AZ DUI Defense
Arizona possesses some of the toughest laws and punishments in the country for DUI charges and convictions. There is a lot at stake including your future and freedom. You should hire an experienced DUI Lawyer who often defends DUI charge in Scottsdale Court. A good Arizona DUI lawyer will defend you through every phase of the Arizona criminal justice process. Many people feel overwhelmed by the entire process. Good AZ DUI lawyers who defend DUI charges in Scottsdale are very familiar with the Scottsdale criminal court protocol and requirements.

Finding the best Scottsdale DUI Lawyer for you is not difficult. But it does require you to make sure they have the education, and qualifications and proven defense Attorney They will commonly gather, examine, & challenge whatever evidence possible through motions, court proceedings, or negotiations with the prosecution. They will build and present compelling legal arguments in your defense. Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.
AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

Continue reading "DUI Penalties: Basis for Sentencing and penalties for DUI charges" »

April 22, 2011

How Good DUI Attorneys in Tempe AZ Build Winning Defense Cases

A good Tempe AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Tempe AZ for DUI or other criminal charges, you face the strict and harsh Arizona State Laws. You should consult a private practice Tempe DUI or criminal defense attorney who defends criminal charges in Tempe Court as soon as possible. Most DUI criminal and DUI attorneys provide free consultations, to discuss your charges, range of sentencing and your defense options.

Once retained, your Tempe DUI or criminal defense attorney in Tempe will guide you through every phase of the Tempe criminal justice system. Often you will wonder what they are doing to help you. Your Tempe DUI lawyer should answer any questions you have regarding their efforts. Here is a glimpse of some things a good Tempe DUI defense or Criminal defense attorney will be doing to build and mount a winning defense for your Criminal or DUI charges in Mesa AZ:

• Gathering and examining evidence; and looking for evidence in that can be used in your favor;
• Obtaining independent experts, or having evidence samples such as blood tests that were taken initially the led to your arrest;
• Reviewing evidence and determining if an independent expert should review and provide written opinions or testify on technical aspects of evidence or findings;
• Reviewing and examining police reports, the complaint, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution will attempt to use against you;
• Finding witnesses to interview or depose such as detectives or the police officer who arrested you;
• Finding and interviewing witnesses who may be willing to testify on your behalf for issues such as their observations about your sobriety if they were passengers in the vehicle, or other witnesses of traffic infractions that triggered the police to stop you for a DU;
• Based on the evidence (or lack of it) determine the best defense strategies that can be used to build your defense case;
• Filing Motions and their deadlines trough the Tempe Court and Criminal Justice System.
• Mounting your defense case against the Arizona prosecution. A good Tempe AZ DUI Lawyer will recognize and act swiftly to use opportunities through the criminal justice system to get evidence suppressed, reduction in charges, modify sentencing in your favor, get some or all charges in your case dismissed.
• Participating in court hearings, and pre-trial conferences;
• Preparation compelling arguments for trial, conferences and the filing of motions;
• Working with you, the prosecution, and Tempe Court to obtain mutually agreeable plea agreement or other more favorable resolution to avoid a criminal or DUI conviction and harsh sentencing that can result from trial outcomes.

When selecting a Tempe DUI Attorney, you should consider whether or not that Tempe DUI lawyer or criminal defense attorney is qualified and in a position to devote the time and efforts needed to work your case towards obtaining the best outcome for you. They should also have good credentials and a significant amount of litigation experience. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading "DUI - DWI Charges: Why hiring a good criminal lawyer is crucial in defending your charges" »

April 20, 2011

If you were recently charged or arrested for a Gilbert DUI and have not gone through the phases of the Gilbert criminal justice system, you are still considered "innocent" until and unless proven "guilty". A charge is not a conviction. And the key to a winning defense is to find is hire the best Gilbert AZ DUI defense attorney as early as possible.

Gilbert DUI and DWI courts depend primarily on two factors for sentencing as follows: :
1) What type of DUI or DWI charges you have;
2). Your prior DUI or criminal history

If you face any type of DUI or DWI charge in Gilbert, AZ should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges in Gilbert AZ Court.
When you contact the DUI attorney's office, be sure you speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any. If you are told you must go through their screening or administrative staff before you are allowed to speak with an attorney, it may be a good idea to contact another one.

Types of Gilbert AZ DUI - DWI Charges
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI - DWI "with a priors" DUI, or other prior Criminal Convictions
Any Gilbert AZ DUI or DWI should is a serious offense. All DUI - DWI convictions require mandatory jail and other adverse punishments. A Gilbert DUI -DWI Charge "with priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Gilbert AZ DUI Penalties
Gilbert DUI definitions, classifications, sentencing and penalties are governed by the guidelines, and minimum sentencing rules of the State Laws of Arizona. These references can be found in detail under each type of violation at "azleg.gov/ArizonaRevisedStatutes. Here are a few citation references to send you in the right direction to find exactly what you are looking for"
"...Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383
Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Gilbert AZ DUI Sentencing
Minimum sentences exist for any Gilbert DUI - DWI conviction. However, the Gilbert AZ Court usually has the authority of ordering additional penalties if they deem necessary based on the facts, and your prior criminal history if any.
Gilbert DUI or DWI convictions will expose you to the following minimal penalties:
• Mandatory Jail;
• Fines, Fees, Costs;
• Mandatory Installation of a costly Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time;
• Alcohol or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Gilbert AZ Felony DUI - DWI
A Gilbert AZ felony DUI also known as "aggravated DUI". Convictions for aggravated DUI charges are far more serious and carry harsh penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Gilbert DUI Lawyers and the need for DUI Defense Gilbert AZ
If you were charged or arrested for a Gilbert DUI and have not gone through the phases of the Gilbert criminal justice system, you are still considered "innocent". You are innocent until and unless proven "guilty" in a court of law. A charge or an arrest is not a conviction. No matter how high your BAC or any other circumstances surrounding the charges, you still have the right to challenge the DUI charges. You also have the right to a defense attorney. Don't waive this right. It is one of the most important rights you have after an arrest. And choose your DUI attorney wisely. For a winning defense or the best possible outcome in your case, make sure you choose a private practice attorney, who has the time and resources to spend to fight your DUI. The best Gilbert AZ DUI lawyers will fight to get your Gilbert DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

Continue reading "DUI - DWI Penalties: Sentencing guidelines and factors that will determine the severity of penalties if convicted" »

April 15, 2011

Why You Need an Experienced Criminal Defense Attorney to represent you at your Preliminary Hearing in Phoenix Metro AZ

Preliminary Hearing
A Preliminary Hearing is the second phase of the Arizona criminal justice system (with the exception of felony indictments which has a different process). It follows your Initial Court Appearance and was the court date, time and location given to you on your Phoenix Metro AZ complaint or citation for your Phoenix Metro AZ arrest. You should in consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Phoenix Metro AZ Court to represent you for this hearing. They will make sure your rights and defenses are protected. The preliminary Hearing is held before a court commissioner in the Regional Court Center (RCC). It is a critical point in time for your case, and too important to go legally unrepresented.

The Purpose of the Preliminary Hearing
The purpose of the Preliminary Hearing is for the Court Commissioner to decide if there is enough evidence to show that a violation of the law most likely occurred, and that you were probably the one who committed that crime.

The Importance of being represented by a Private Criminal Defense Attorney
At the Preliminary Hearing the prosecution is allowed to present witnesses and evidence against you. However, your Attorney can present exculpatory evidence (evidence in your favor); as well as challenge the prosecution's evidence against you if there is a legal and justifiable basis for it.

Less evidence is needed at this proceeding than an actual trial. However, understand that the prosecution may possess enough evidence for the commissioner to find "probable cause". If the commissioner finds "probable cause", your case will be assigned to the Superior Court and Superior Court Judge for further proceedings and setting a date for trial.

If Your Phoenix Metro AZ criminal defense attorney successfully challenges the evidence, gets it suppressed and can educate the prosecution and court on flaws and weaknesses in their case, then the commissioner may find and rule on "no probable cause" and your case will be dismissed.

How to Get a Preliminary Hearing Waived
A preliminary hearing can be waived completely if the Prosecution, your criminal defense Attorney and You all reach a plea agreement before that time. In the case of a plea agreement, your attorney works hard on your behalf to get you an alternative offer that is better than taking a chance, going to trial, and losing. In almost all cases the plea agreement terms are far better, then sentencing for a guilty verdict conviction. And the preliminary hearing, trial and possibility sentencing for a "guilty verdict" by a judge or are all avoided. The decision to go to trial or take a plea bargain is always yours. But it is important that you discuss and understand the ramifications of both choices. The Arizona Jurors have proved to be less lenient in Arizona DUI cases, than other States around the country. In any event, your chances of getting the case dismissed, charges reduced or a better outcome in your case increase drastically with the retention of a private practice criminal defense or DUI attorney who defends Phoenix Metro AZ DUI and Chandler criminal charges.

Continue reading "The purpose of a Preliminary Hearing for DUI or criminal charges" »

April 12, 2011

How Top Criminal Attorneys Defend Auto Theft Charges in Chandler AZ.

Auto Theft Charges | "Theft of Means of Transportation" in Chandler AZ
Auto Theft in Arizona is synonymous to the legal term "Theft of Means of Transportation". A conviction of auto theft charges in Chandler AZ carries a maximum sentence of 8.75 years in State Prison. Aggravating factors can increase the sentencing. Theft charges are felonies and known as "victim crimes" in Arizona. Due to the serious consequences if convicted, the best attorneys in Arizona will advise you to seek legal representation for these charges.

Arizona has some of the highest incidents Auto Thefts in the country. This leaves gives rise to the Arizona prosecutors and police working together vigorously to get convictions. They want severe punishments for AZ Auto theft convictions. If charged with Chandler AZ auto theft charges you should contact an Arizona criminal defense attorney who is experienced at defending Chandler AZ auto theft charges as soon as possible.

Auto Theft Laws in Arizona
The laws in the State of Arizona govern "Theft of Means of Transportation" or auto theft charges. Classifications and sentencing can be found at the State of Arizona Legislative code website, under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony in Arizona.

Basically, Arizona Criminal Law requires that in order for you to be convicted of auto theft, the prosecution and State of Arizona must prove the following:
1. You knowingly took a vehicle without permission or legal authority;
2. You took control, converted, or obtained someone else's means of transportation without their consent.
3. Your intent in taking the vehicle was to permanently deprive that entity of another of their vehicle or means of transportation.

So in sum: A). You must have known you were taking a vehicle belonging to someone else. B). You took control of a vehicle that you knew was stolen. C). You had no intention of returning it to the rightful owner.

Some people are surprised to learn that in Arizona, you can be convicted of auto theft if you took possession of a vehicle without knowing who it belonged to, and failed to make a reasonable effort to find the rightful owner.This would be considered "Theft of Means of Transportation" or auto theft charges, and cost you years in prison and additional penalties.

Penalties for Chandler AZ Auto Theft
Arizona penalties for conviction even if it was a non-violent class 3 felony, with no priors, and no prior criminal record, are still severe. Sentencing carries upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, among other penalties the court may order. If violence was involved or it was a repeat offense, more criminal charges may be brought by the prosecution, and if convicted, additional penalties and sentencing may be ordered by the judge.

Criminal Defense Attorney for Auto Theft Charges in Chandler AZ
If you have been accused or charged with Chandler AZ auto theft, you should consult a criminal defense lawyer or Chandler AZ auto theft attorney as soon as possible. A good criminal defense or auto theft defense lawyer will make sure your rights are protected; you are treated fairly; examine all the evidence; determine what defenses will best most effective in your case; interview witnesses if any; and present compelling arguments on your behalf; file defense motions, and "tell your side of the story", through the proper legal channels. Good criminal defense attorneys who defend Chandler AZ auto theft charges will make every effort to get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Auto Theft Laws: Impact of "intent" and "knowledge" on prosecuting and defense of Auto Theft Charges." »

April 8, 2011

Auto Theft Charges or "Theft of Means of Transportation"

Auto theft charges in Mesa, AZ are officially called "Theft of Means of Transportation" according to Arizona Law. Auto theft is a class 3 felony. It is considered a crime against a victim in Arizona which carries harsh penalties for convictions. Arizona vigorously prosecutes defendants accused of auto theft. For a first time auto theft conviction, you can face 8.75 years in prison. Other penalties can include restitution, fines, and a felony criminal record that will follow you for years. You should consult a Criminal Attorney who is well versed at defending Mesa AZ auto theft charges as soon as possible if you have been charged with Mesa AZ Auto Theft.

Auto Theft Laws in Mesa AZ
Before discussing the defenses, we first look at the law. The best criminal defense attorneys in Arizona know how to use the Arizona law in your favor. Criminal Laws are not used only to convict and prosecute defendants. Good Attorneys will use those same laws for authority to defend your case. .

Auto theft charges the occur in Mesa AZ are governed by the State of Arizona criminal law Guidelines, Classification, Penalties, and Sentencing can be found in detail under Arizona Statutes for Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814.
For the sake of legal ease, here is a summary: In order to get a conviction, the Arizona Prosecution needs to prove that...

1. You knowingly took a vehicle without the owner's permission or legal authority;
2. You controlled, converted or obtained another person's "means of transportation".
3. Your intent was to permanently deprive another of their vehicle.

The defendant needed to have "known" they were taking someone else's vehicle; and they intended to keep it permanently from the rightful owner. With good legal representation by a private practice attorney, this can be an uphill battle for the prosecution.

5 Criminal Defenses for Auto Theft Charges in Mesa
There are a variety of defenses that can possibly be used based on the circumstances of the charges. Just to name a few, here are some defense tactics used by top local criminal defense attorneys in Mesa, AZ.

1) The defendant thought they had "Consent". This typically occurs with family members, friends, or domestic partners, where the defendant at one point was a permissive user, and then the owner made the defendant aware that their permission was no longer valid and they rescinded their permission. The defense would be that you thought you had consent, and did not intend to steal the vehicle.

2) The "Mistake of Fact" defense. This applies when someone purchases, a vehicle from another person or entity in good faith that they believed were the rightful owners. Later, the defendant learns it was a stolen vehicle. In this case, the defendant did not have "knowledge" that it was a stolen vehicle. Nor did they intend to permanently deprive the rightful owner of their means of transportation.

3) The defendant borrowed a vehicle from someone you believed to be the rightful owner or lender. Again this is "Mistake of Fact". Your criminal defense lawyer would argue that you rented or borrowed the vehicle from the loaner or person who rented you the vehicle without knowledge of it being stolen, or intent to deprive the owner of their means of transportation.

4) Violation of Constitutional rights - This includes but is not limited to a) unlawful search and seizures of person or residence b) denial to right to counsel; c) police intimidations, threat, or coercion for the purpose of self-incrimination and get you to admit to a crime. And further it continues after you have told the police you wish to withhold comments or any answers until your defense attorney is present. .

5) Weaknesses in the prosecution's case including lack of evidence, lack of witnesses, statements made by unreliable witnesses, or lack of due process and proper investigation by the police.

These are just 5 defenses of many that are used by experienced auto theft defense and criminal defense trial lawyers in Arizona. The defense tactics used are dependent upon the facts of your case. A good criminal defense attorney experienced at defending auto theft cases will know what defenses to use under what circumstances. Convictions for auto theft are too serious to face without good private practice criminal defense. Without proper legal defense by a qualified attorney you forfeit any chance of getting the charges dismissed, reduced, or any good outcome in your Mesa AZ auto theft charges. .

Continue reading "Common defenses used to challenge Auto Theft Charge" »

April 6, 2011

"Self representation without retaining a qualified Phoenix DUI defense lawyer is quite frankly a fast track to a DUI conviction...You will be doing the AZ prosecution a favor by making his or her job easier."

In Arizona, the penalties for a DUI Conviction depend primarily on two factors: 1) The type of DUI charged and 2) the defendant's prior DUI or criminal record. If you face Phoenix DUI charges you should Consult Phoenix DUI Lawyer or Criminal lawyer who defends DUI Charges in Phoenix, to discuss these issues and your defense options. Be prepared to provide this information with the Phoenix DUI lawyers you consult. They will need to know the type of DUI and whether or now you have prior Criminal or DUI convictions in order to assist you further.

Common Types of AZ DUI Charges
1) Impaired to the Slightest Degree or BAC above .080 (first offense)
2) Impaired to the Slightest Degree or BAC above .080 (second offense)
3) Extreme DUI BAC .150 -.199 (first offense)
4) Extreme DUI BAC .150 -.199 (second offense)
5) Super Extreme DUI BAC .200 or higher (first offense)
6) Super Extreme DUI BAC .200 or higher (second offense)
7) Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
8) Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

Prior Phoenix DUI Convictions or Criminal Record
Any AZ DUI conviction is serious and carries mandatory jail time among other penalties. But an AZ DUI with priors or existing criminal records result will reap higher more severe sentencing if convicted.

A previous DUI counts as "a prior" if it occurred within the last 7 years or 84 months no regardless of what state it occurred.

Phoenix DUI Penalties
In the least all AZ DUI convictions carry sentences which include:
• Incarceration in Jail
• Fines, Fees, Costs,
• Ignition Interlock Device installed in vehicle
• Screening and subsequent participation in alcohol or dug counseling/ treatment program.

An aggravated or felony DUI carry the highest most severe penalties which can include extended incarceration, higher fines, fees, and costs, probation, and a host of additional punishments.

Phoenix DUI Lawyers and your AZ DUI Defense
The stakes are high if you are charged with any Phoenix DUI or AZ DUI. It is important that you consult and retain an experienced AZ DUI Lawyer who defends DUI charges in Phoenix AZ on a regular basis. A good Phoenix DUI lawyer will defend you through the maze of the Arizona criminal justice system, and every phase of your DUI case. An experienced AZ DUI lawyer will conduct their own investigation, challenge the evidence, and build a compelling defense on your behalf. Self representation without the defense of a qualified Phoenix DUI lawyer is quite frankly a fast track to a DUI conviction. And you will be doing the AZ prosecution a favor by making his or her job easier. .

Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

Continue reading "DUI Penalties: Two primary factors that will determine the severity of penalties in DUI convictions" »

April 4, 2011

"Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed "

The penalties for an AZ DUI or AZ DWI conviction depend primarily on two factors. They are 1) The type of DUI for which you were charged and 2) Prior DUI convictions or other criminal record. If you were arrested for an AZ DUI you should consult an AZ DUI Lawyer or Criminal defense attorney who defends DUI charges in Phoenix AZ, to discuss you case and defense options. They will need to know what type of DUI you were charged with, and your prior Criminal or DUI conviction history in order to help you further.

Types of AZ DUI Charges and AZ DWI Charges
1) Impaired to the Slightest Degree or BAC above .080 (first offense)
2) Impaired to the Slightest Degree or BAC above .080 (second offense)
3) Extreme DUI BAC .150 -.199 (first offense)
4) Extreme DUI BAC .150 -.199 (second offense)
5) Super Extreme DUI BAC .200 or higher (first offense)
6) Super Extreme DUI BAC .200 or higher (second offense)
7) Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
8) Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

Prior AZ DUI - DWI Convictions or Criminal History
Any Arizona DUI or DWI is serious and carries mandatory jail sentences in addition to other penalties. AZ DUI with priors or an existing criminal history will result in for severe sentencing if convicted.

A previous DUI is considered "a prior" for purposes of sentencing if it occurred within the last 7 years or 84 months regardless of what state it occurred.
Phoenix DUI Penalties

At the very least all AZ DUI convictions carry sentences which include:
• Mandatory Jail
• Fines, Fees, Costs,
• Ignition Interlock Device installed in vehicle
• Screening and participation in alcohol/dug counseling or treatment program.
An aggravated or felony DUI charges carry the most severe penalties. These usually include extended incarceration, higher fines, fees, and costs, probation, among other penalties.

Phoenix DUI Lawyers and your AZ DUI Defense
Your freedom and future are at stake are high if you are charged with any Arizona DUI. It is important that you hire a qualified and experienced AZ DUI Lawyer to defend you and who regularly DUI charges or DWI charges in Phoenix AZ. A good AZ DUI lawyer will defend you through every phase of the Arizona criminal justice process. It is overwhelming and traumatic for most people to endure without an AZ DUI defense lawyer who defends DUI charges in Arizona on a daily basis. An experienced AZ DUI lawyer will gather, examine, & challenge the evidence if possible. They will build and present compelling legal defense arguments on your behalf. Attempting to defend yourself through the Arizona criminal court systems, without the defense of a qualified Phoenix DUI lawyer will result in a fast track DUI conviction. In fact, you will be doing the AZ prosecution a favor. It makes the prosecution's job easier if you do not have a AZ private practice DUI attorney defending you.

Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

Continue reading "Penalties for DUI Conviction: Considerations in Sentencing by the Court" »