Defenses for Aggravated DUI (Felony DUI)

  
July 1, 2011
By James E. Novak, P.L.L.C. on July 1, 2011 6:32 AM |

How some of the best DUI lawyers in Arizona get Arizona Felony DUI charges dismissed
AZ Felony DUI

If you have been charged with a felony DUI in Arizona, you will need to hire an experienced Arizona Felony DUI defense attorney in the municipality where you were arrested or received the charges. These charges are also known as "aggravated DUI charges". You have the right to hire an AZ DUI Lawyer to defend your charges. A good AZ criminal defense lawyer can often get your felony drunk driving charges dismissed or in the alternative get charges and sentencing reduced to have the least adverse impact on your life.

AZ DUI Penalties - Felony DUI / Aggravated DUI
Arizona Felony DUI convictions have higher penalties, increased incarceration of that than a misdemeanor DUI. Penalties may include but are not limited to 4 months or more in Arizona prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle at your expense; screening for admittance into a mandatory drug or alcohol treatment inpatient or outpatient program including counseling; probation; and a felony on your criminal record that will follow you for years into the future.

AZ Misdemeanor DUI vs. Felony DUI in Arizona
A large number of DUI charges in Arizona are classified as misdemeanors. A misdemeanor DUI in Arizona escalates to a Felony DUI when the following factors exist and surround your AZ DUI charges:
• The DUI is your third or more within the last seven years;
• You were arrested for DUI while driving on a suspended, revoked or restricted driver's license'
• You were arrested for DUI while driving with a minor age 15 or younger.
• The DUI involved an auto accident with serious injuries or fatality

Defending AZ Felony DUI - Aggravated DUI Charges
The best DUI attorneys or Arizona criminal defense lawyers will examine the following evidence and explore all avenues for challenging the prosecution's case for your AZ felony or aggravated DUI charges *Note, this list not all inclusive and some may or may not apply in every situation:
• Reasonable suspicion of the traffic stop
• Determine the probable cause of the felony DUI arrest
• Validity of any sobriety tests taken
• Qualifications of the arresting officer
• Accuracy of chemical test (blood draw or urine sample).
• Errors or violations of required protocol for blood or urine testing, processing, storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Examination of Calibration, documented records for the breathalyzer machine's prior repairs, as well as routine maintenance;
• Outside factors that existed and had potential to effect validity and accuracy of breathalyzer, or chemical testing results;
• Inadmissibility of any portion or all of the evidence the prosecution intends to use against you;
• Violations 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.

Felony DUI Attorney in Arizona
After your AZ DUI Lawyer or AZ criminal defense attorney has gathered and examined all the facts, they will determine the course of the best defense strategies to mount. They will present compelling arguments, and appropriate motions that apply in your favor 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.