Felony DUI Defenses

April 28, 2011
By James E. Novak, P.L.L.C. on April 28, 2011 6:40 AM |

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.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Gilbert, Mesa, Phoenix Metro, Central Phoenix, South Phoenix, and surrounding cities in East Valley Cities in Arizona.