Phoenix DUI Lawyer Blog

Defending Tempe Felony DUI Charges

"The Best Possible Defense against Felony DUI or Aggravated DUI Charges is A Good Tempe DUI Lawyer"

If you have been arrested in Tempe Arizona for a Felony DUI, it did not take long for you to find out, how serious the charges are. Arizona DUI laws are extremely tough on Felony DUI offenses also known as Aggravated DUI charges. A conviction will result in very serious adverse impacts that can last a life-time. In order to protect your future and your freedom it is necessary to consult and hire a Tempe DUI attorney with a successful track record of defending and litigating Tempe DUI charges.

The best possible defense against Felony DUI or Aggravated DUI Charges is a Good Tempe DUI Lawyer. The DUI Attorney you choose must a clear understanding of all the defenses that are available under the law to build and mount an effective defense on your behalf. With the right Attorney, under the right circumstances, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. There are many defenses that can be used, and evidentiary issues issues that can be challenged. Many of these defenses are cited and listed in detail with discussion in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded free of charge and no obligation to purchase or hire, just free information at www.arizonacriminaldefenselawyer.com.

Below are examples of just a few categories of defenses that can be used to suppress
Evidence, and used to negotiate with prosecutors to get charges lowered or dismissed completely:

• No Probable cause for arrest
• No Reasonable suspicion for the traffic stop
• Invalid or unreliable field sobriety tests used
• The Officer was not properly certified to conduct lab or other toxicology test
• Mishandling of evidence
• Errors in blood alcohol testing
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search or seizure conducted
• Violations of your Constitutional Rights in the arrest process or other phases

There is too much at stake to just take a Felony DUI conviction. Although that is what the State and prosecution would want you to do. It makes their job easier when you go unrepresented by a good private practice Tempe DUI Attorney. They are not the ones who must live with the consequences of such conviction. They don't care who you are, or how it will effect you. They just want the conviction. You must have a strong Tempe criminal defense or Tempe DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you.

Tempe Felony DUI convictions have higher penalties, increased incarceration of that may include 4 months or more in Tempe prison. Additional penalties include:

• Driver's License revocation
• Probation Term
• Mandatory Ignition Interlock device installed at your expense
• Drug/alcohol Counseling or treatment program
• High costs and fees
• Restitution if applicable
• Whatever else the Court deems appropriate

The punishments for any Arizona Felony DUI charge is so severe that some people just give up all hope. But you can give yourself a fighting chance by getting a dedicated defense attorney to provide you with a strong defense. Most good Tempe DUI Lawyers will provide you with a free consultation to discuss your case. Make you will be talking directly with an Attorney and not a sales or administrative staff assistant from the Firm you are interested in hiring. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. A good Tempe DUI Attorney will use every means available to make sure you get the best outcome possible on your case.

If you have been charged with any Tempe Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe DUI, Tempe Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Tempe criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Mesa DUI Attorney Who Can Fight Your Mesa Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges."

If you were arrested for a Mesa Felony DUI you will need to contact a DUI Attorney with a great deal of experience in defending Mesa DUI charges. Arizona Felony DUI charges are very serious offenses. Mesa Police and Prosecution want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Mesa Felony DUI convictions have more sever punishments than Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Mesa can include up to 4 months or more in prison, on top of other increased penalties such as fines fees, restitution, loss of driver's license, mandatory Ignition Interlock device, probation and whatever the court feels is appropriate based on your circumstances.
Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges. Your Arizona DUI Attorney must have a vast of amount of criminal defense and DUI litigation experience, special training, and education, and the ability to use all possible defenses available under by Arizona law to build and mount a successful defense against the prosecution's Mesa Felony DUI charges against you. With a good Mesa DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence they plan to use in an attempt to convict you of a Mesa Felony DUI or Mesa Aggravated DUI. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a Mesa Felony DUI case, depending on your circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© written by successful and proven DUI Defense Attorney, and Author James Novak. Abridged versions of his Arizona winning defense strategies series of books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you.

There is a big difference between knowing your defenses. and knowing how to utilize them through the proper legal channels and court to challenge evidence and charges. A good Mesa DUI Lawyer knows exactly what to do and how to do it. Many people make the mistake of trying to represent them selves without hiring an attorney. This can be very dangerous. You may be innocently think that what you are saying or doing is helping your case, when in fact you may be incriminating yourself and helping the prosecution's case further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Mesa Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you.

Below are examples of defenses that can often be subject of consideration by your DUI Attorney to be used to negotiate a complete dismissal, of the Mesa Felony DUI charges, reduction in sentencing or suppression of evidence:
• There was no "Reasonable Suspicion" to justify the stop by police.
• There was no "Probable cause" to arrest you. ("Probable Cause" to arrest is a higher standard than a "Reasonable Suspicion" to stop).
• Validity or reliability of the field sobriety tests is questionable.
• The officer's credentials, certifications or competence is in question.
• Evidence was mishandled during obtaining, storage or transportation.
• The results of multiple tests are too far apart and raise questions as to validity and accuracy.
• Too much time went by before the Portable Breath Test (PBT or preliminary breath test), and official breath with the test was conducted.
• The arrest was made simply due to the results of the PBT which is not calibrated, properly maintained, or considered official.
• The environmental or landscaping conditions which existed during the field sobriety tests did not meet the required standards for accurate test results to be obtained.
• You had a medical condition which prohibited you from performing the field sobriety tests putting you at a disadvantage.
• You had a digestive medical condition which caused the breath tests to be inaccurate.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Expired dates or improper storage of drug kits were used which compromised the accuracy of test results. .
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your State or Federal Constitutional Rights exist.

Defenses such as these and many more need to be pursued and your case presented by an experienced, specially trained, and proven Criminal Defense Attorney or Mesa DUI Attorney who knows exactly what needs to be done and how to use such defenses in your favor. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

If you have been charged with any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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When a DUI Becomes a Felony DUI
Arizona has the some of the toughest DUI laws and penalties in the country. Even the most basic misdemeanor Arizona DUI carries harsh penalties. But the penalties in Arizona are so extreme in aggravated DUI charge, that it can be catastrophic to your life, family, job, future and freedom. Aggravated DUI Felony Penalties are designed to punish repeat offenders, and those who may be endangering a child, if they are drunk driving in Arizona with a child under 15 in the vehicle.

The main difference in the penalty from a Misdemeanors DUI conviction and an Aggravated Felony DUI conviction is the incarceration time which can be much longer. An Aggravated DUI Felony conviction penalty may include a more lengthy incarceration and can be either in jail or prison rather than a shorter jail sentence than that of a Misdemeanor DUI. The second main penalty distinction is the exorbitant fines and license revocation for three years. This is a very serious matter, and one that should not be taken on, without an experienced Phoenix DUI Lawyer to defend you. If you are charge an Aggravated DUI Felony, make sure you hire an attorney who defends these types of Arizona DUI charges on a daily basis, is well versed in the law, court systems in the jurisdiction for which you were charged, and is extremely knowledgeable in defense strategies. Your Arizona DUI defense attorney should exhaust all avenues to attempt to get your cased dismissed. If this is not possible, they will make every attempt to get the charges lowered to a Misdemeanor DUI.

EXAMPLES OF AGGRAVATED DUI - FELONY

An Aggravated Felony DUI charge is the result from the following factors:
• 3rd DUI offense in 7 years
• DUI while driver's license is revoked, restricted or suspended
• DUI arrest when there is a child under the age of 15 years old is in the vehicle

Aggravated Felony DUI Penalties:
Subject to 4 months in Jail or Prison. (If record is clean with no prior felony convictions.)
Up to $150,000 plus 80% surcharge
$1500 prison assessment
$250 abatement fee
Evaluation Costs
Drug or Alcohol Treatment & Counseling Costs
Probation Fees
Driver License revoked for 3 years
Court ordered Ignition Interlock Device at defendant's expense

Some people tend to "give up" when charged with an Aggravated DUI Felony and feel that their live is over. Thousands of people just like you have received aggravated Felony DUI charges, including from doctors, attorneys, teachers, school principals, nurses, airline pilots, politicians, professors, engineers, singers, sports players, celebrities, ministers (it's true), sons, daughters, moms, dads, grandmothers, grandfathers, you name it. Anyone can get a DUI, Drug DUI or a Medication DUI in Arizona especially with such strict Arizona Laws. It does not mean your life is over. It does not mean you are a criminal. It simply means you are human, and all humans make mistakes, error in judgment, and go through tough times. But the worst mistake you can make after being charged, and arrested for an Aggravated Felony DUI is to do nothing. It is extremely important that you consult an experienced and proven Aggravated Felony DUI defense attorney to defend you. It will be one of the most important decisions you will make in a lifetime.

Continue reading "ARIZONA DUI LAWYER Felony Aggravated DUI Law and Penalties " »

Aggravated DUI principle factor is not the blood alcohol level (BAC) such as 0.08 or 0.15. The Arizona aggravated DUI main component relates to the factors that convert it from an Arizona Misdemeanor DUI to an Arizona Felony DUI. Here, we examine the additional aggravating factor of having a child under age 15 in your car while you were driving while under the influence.

You could be convicted of a felony and have a criminal record if you drive drunk (impaired) in Arizona and have a child under age 15 in your car. This applies even if you have never had any prior DUI convictions and your record has been clear up to this event.

Arizona felony aggravated DUI penalties typically include incarceration in jail or state prison, fines and fees, community service, probation, counseling, a mandatory 3 year revocation of your driver's license, and other punishments.

If there is a child under age 15 in your vehicle and you are charged with an Arizona DUI, you will most likely be charged with a felony. Some prosecutor's and may even charge you with an endangerment criminal offense or with child abuse. This is discretionary and depends on the facts of your case.

An Arizona felony is a very serious criminal charge. A felony conviction has implications that may include getting fired from your job, or inability to get a job, unpleasant visit from Arizona Child Protective Services, credit or housing screening issues, and the troubles will mount. A felony conviction can haunt you for years in the future.

Remember the prosecution wants to stack the cards against you. You need a strong and experienced Arizona DUI Lawyer to defend you. If you have been charged with an Arizona Felony DUI call James Novak an experienced Criminal and DUI lawyer now at (480) 413-1499. He will provide you with FREE consultation and begin work on your case immediately upon retention.

Arizona Laws 28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition.

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:

(a) Arizona Revised Statute Section 28-1381.
(b) Arizona Revised Statute Section 28-1382.