Drunk Driving Charges: Survival guide for a DUI Arrest

September 23, 2011
By James E. Novak, P.L.L.C. on September 23, 2011 6:37 AM |

10 Facts you should know if you face Drunk Driving Charges in Maricopa County!

1. Maricopa County Drunk Driving charges are very serious. Maricopa County DUI Laws are governed by AZ State Law, which are some of the most harsh in the Country. A first time drunk driving conviction can expose you to severe penalties including jail time. Your best chance of getting your drunk driving charges dismissed is to hire a private practice Maricopa County criminal defense or DUI defense attorney.

2. Regardless of your DUI evidence, you have the right to challenge your DUI charges. It makes no difference how high your Blood Alcohol Content (BAC Level) was, or if this is your second or third DUI: You have the right to hire a private practice AZ DUI lawyer to defend you, and fight to get your charges dismissed.

3. The Maricopa County Prosecutor is not your friend.

Don't be fooled by a smile or approachable greeting from your prosecutor. Their mission is to convict you. If you find your self confronted out of formal court proceedings, by a Maricopa County Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Otherwise they can use your statements against you. While they may appear friendly and professional, you must remember their job is to convict you of a criminal or DUI charges in Maricopa County. Be polite and respectful, but do not engage in any discussion regarding your Maricopa County drunk driving charges or otherwise unless the judge or your DUI Attorney has instructed you otherwise.

4. You have the right to remain silent...Use it.
You do not want to unintentionally incriminate yourself and damage your DUI defense. Instead, 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.

5. Promptly attend all scheduled court appearances for your Maricopa County
drunk driving charges or you will face an arrest warrant.
If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

6. Following a Maricopa County DUI or Drunk Driving Charge, you will need to deal with two separate entities.
First, is a civil matter with the Arizona Division of Motor Vehicle (DMV or MVD). A Maricopa County DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

7. If you hire a good private practice Maricopa County drunk driving defense lawyer, they will immediately begin tailoring and building a strong defense. A successful defense is one that begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Maricopa County DUI attorney, will get you a swift and severe conviction.

8. Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage.
You may also be missing valuable negotiating opportunities through the proper legal channels. You could jeopardize your defense, by passing up opportunities to file early procedural or other substantial motions that could lead to a dismissal of your charges. There are no barriers between you and the Prosecutor, no one defending you, and no one to fight to protect your rights from unfair treatment and at an unfair disadvantage. Sound unfair? It is. But if can change the odds by hiring a good private practice DUI attorney.

9. If you decide not to hire a private practice Maricopa County DUI Defense attorney, you will be held to the same standard in the court room and process 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 Maricopa County drunk driving lawyer. You will be held to the same standards as would otherwise your Maricopa County DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting a your defense case.

10. A good private practice Maricopa County 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.