Drunk Driving Arrest: Tips on how to preserve your rights; and avoid self-incrimination after a DUI Arrest.

September 7, 2011
By James E. Novak, P.L.L.C. on September 7, 2011 6:32 AM |

5 things you should know about your Gilbert Drunk Driving Charges!

The best advise a good Gilbert drunk driving lawyer can give you...

1. Arizona Drunk Driving charges is a serious offense. Arizona has strict DUI laws and penalties. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time in Arizona's "Tent City". If you choose not to hire a private practice Gilbert DUI Attorney, lawyer, you will most likely meet an early conviction with severe punishments. Your best chance of getting your DUI dismissed, is to hire a private practice AZ criminal defense or DUI lawyer who defends DUI charges in Gilbert on a regular basis.

2. The Prosecutor is not your friend. After you are arrested in Gilbert AZ for drunk driving, the DUI charges are escalated to the Prosecutor for criminal processing. If your paths should cross with the Prosecutor, do not discuss any personal or other matters related to your case. Some defendants who have gone down that path, were surprised at statements they made to the prosecution were used against them. While they may appear friendly and greet you with a smile, you must remember, they have only one mission in mind...to convict you of a Gilbert DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Gilbert drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you have incriminated yourself and damaged your DUI defense. Instead, simply acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

3. Be prompt, and attend all scheduled court appearances for your Gilbert
Arizona drunk driving charges. If you miss your court date or are late, the Judge has the authority to issue what is known as a "Bench Warrant", for your arrest due to your "failure to appear". The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and they or the Maricopa County Judge instructs you otherwise.

4. Following your arrest for a Gilbert DUI, you will need to deal with two separate entities. First, is the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal Court for the criminal matter, the AZ DUI.

5. If you hire a good Gilbert drunk driving lawyer or Gilbert DUI law firm, they will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. The more time you give your defense a chance to build a defense case, the greater your chances of getting them dismissed. Doing nothing and waiting in hopes of the best, without hiring a Gilbert DUI attorney, gives the prosecution the advantage of having a case built against you, and leaving you with no shield of defense or preservation of your rights. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. If you decide not to hire a private practice Gilbert DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Gilbert drunk driving lawyer. You will be held to the same standards as would otherwise your Gilbert DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed often for violations of a defendant's rights, violations in police protocol, weak evidence, or violations of police procedures required by AZ Law. An experienced Gilbert DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, and bills are often presented and changing. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges for up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges 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). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.