Recently in Arrests Category

December 16, 2013

"DUI arrests for "probable cause" doesn't mandate that the police officer show a driver was actually under the influence, only that it is probable that he was".

1066864_police_cruiser.jpg A police officer need only have a reasonable suspicion that you have violated a traffic law (like the speed limit) or engaged in criminal activity to stop you. "Reasonable suspicion" means that there is a "particularized and objective basis" for believing somebody had violated the law. Once you are stopped, there must be probable cause to arrest you.

In a recent case, the Arizona Court of Appeals considered whether there was probable cause where the defendant was convicted of four counts of aggravated driving under the influence (aggravated DUI). The defendant had been stopped in his vehicle after a police officer visually estimated he was going fifteen miles over the speed limit. According to the police offer, he'd been trained to accurately estimate vehicle speed within five miles per hour.

Once the officer stopped the defendant, he saw the defendant had watery bloodshot eyes, spoke with slurred speech, and smelled like alcohol. The defendant couldn't find his driver's license and gave the officer his social security number. It turned out that he provided his wife's social security number. When the officer learned this, he asked the defendant for his wife's social security number. This time, the defendant gave him his own number. The officer administered a test for alcohol impairment. When the defendant refused a breathalyzer test, he was arrested.

Continue reading "DUI Arrest without Breath, Blood, or Chemical Testing" »

May 25, 2013

DUI one of four main causes of fatal and serious auto accidents on Arizona roadways.

298987_bbq_1.jpgEnforcement of Arizona's tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were made over Memorial Day weekend.

Police agencies statewide have joined together over the past month to patrol for people who are drinking and driving. These efforts are funded by grants from the Governor's Office of Highway Safety, which also funds training for field sobriety tests, blood draws, drug recognition and equipment.

Tempe Police is at least one law enforcement agency that announced heightening enforcement from May 24th through May 27th. They have committed increased patrols and mobile units throughout the city and will be saturated in downtown Tempe AZ. Minor Consumption violations and prevention are a main focus.

Arizona Department of Public Safety (DPS) reported that last year at this time 5 fatalities resulted from 4 separate collisions, and 85 people were injured. Arizona DPS indicated that impaired driving due to alcohol or drugs was one of 4 main causes of fatalities and serious injuries. Other causes included speeding, seat belt violations, and fatigue or drowsy driving. And while it was not mentioned in the AZ DPS press release, some recent studies and reports show that "texting while driving" is also one of the main causes of motor vehicle fatalities and serious injuries.

It announced late last week that it will be "especially vigilant" on the state's highways for this weekend to reduce the number of fatalities, injuries, traffic, and impaired driving violations. The AZ DPS is reminding everyone to be patient on the roadway while driving, get enough rest before trips, and obey traffic and seat belt laws, and refrain from drinking and driving; and "texting and driving".

Tips from the police for the weekend include using public transportation or a completely sober designated driver. All drivers should be aware that in Arizona, adults can be arrested for drunk driving even if their Blood Alcohol Content (BAC) is below .08, if they are impaired to the slightest degree by the amount they drank.

Over Memorial Day weekend, particularly at family outings, some parents may let their older teenagers drink. While some states allow those under 21 to have a BAC of .01 or .02, Arizona has a zero tolerance policy for drunk drivers under the age of 21. Those under 21 may not even have even a BAC of .01%. A relatively recent case looked at the issue of blood tests for BAC for juvenile drivers, and the facts of the case are worth considering if you are a teenager or a parent.

In that case, a monitor at a seventeen-year-old defendant's school smelled marijuana on his clothing in 2012. The monitor searched the vehicle the defendant and his friends had driven to school and found drug paraphernalia. School officials reported this to the police and the sheriff arrived and advised the defendant of his Miranda rights. Nonetheless the defendant admitted that he and his friends had smoked marijuana away from campus and driven back.

The defendant was arrested and charged with drunk driving. The sheriff read him admonitions related to the implied consent law for blood tests and the defendant agreed to submit to testing. His parents were called and came to the school. Meanwhile, the defendant's blood was tested without his parent's consent. His parents were told he was caught smoking marijuana and arrested, but weren't asked for permission to test the blood that had been drawn.

Before a delinquency hearing, the defendant moved to suppress the blood test results. He argued that, as a minor, he lacked the legal ability to consent to testing. The juvenile court granted his motion, reasoning that the Arizona Parents' Bill of Rights includes the right to consent before a minor's blood is tested, notwithstanding Arizona's implied consent law. It also found that the defendant's consent hadn't been voluntary.

The State appealed the juvenile court's decision. The State argued that the Parents' Bill of Rights was inapplicable because the parental right to consent did not prevent law enforcement officers from acting in their official capacities within the scope of their authority.

The appellate court reasoned that anybody who operates a motor vehicle in Arizona, including minors, gives consent to alcohol testing of blood, breath and urine in the context of a DUI allegation. Although someone cannot be blood tested in a DUI stop without a warrant, drivers are already assumed to have given consent. They can withdraw the consent that has been given, but they face penalties for doing so.

Continue reading "Statewide Arizona DUI Enforcement Increased over Memorial Day Weekend " »

March 13, 2013

Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution.

A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals.

The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence revealed on a blood test was an inactive chemical compound in Marijuana. In this case, the drug compound was one that does not cause impairment, "Carboxy-THC". This is a residual compound known to stay in a person's blood stream for 3 to 4 weeks after Marijuana use.

The inactive or non-impairing compound was examined in contrast to the known active ingredient THC or Tetrahydrocannabinol. THC has been successfully argued in courts as one that causes driving impairment.

The lower court dismissed the case before appeal, on the basis that the motorist was not driving impaired. But the Arizona Court of Appeals ruled that both the active compound and the inactive compound fall within Arizona DUI Law A.R.S. 28-1381, so the motorist could still be subject to prosecution.

The impact of this ruling is that the prosecution does not need to prove that the driver was impaired. In order to prosecute the motorist for DUI with Marijuana, as long as at least one of the two compounds can be identified in the DUI blood test evidence. Another adverse impact is that a person may have used the Marijuana legally in another state, days or weeks prior to driving in Arizona, and still be arrested for Marijuana DUI.

The Arizona Court of Appeals indicated that this ruling shall not be used to set precedent. However, this presents challenges in consistency for the courts since other cases similar to this are pending prosecution.


Arizona Drug DUI Law

Currently under Arizona law A.R.S. 28-1381 a person may be guilty of DUI under the following circumstances:

(1) While under the influence of intoxicating liquor or drugs while they are impaired to the slightest degree; or

(2) If the person has an alcohol concentration of 0.08 percent or more, within two hours of driving or being in actual physical control of the vehicle and the alcohol was consumed either before or while driving or being in actual physical control of the vehicle; or

(3) While there is any drug defined in section A.R.S.13-3401 or its metabolite in the person's body.

A person driving under the influence of Marijuana could be arrested under items (1) or (3) depending on the circumstances of the Marijuana DUI. It is not a defense if the person is a qualified Medical Marijuana user.


Criminal Defense Attorney for Drug DUI charges Mesa, AZ

If you face any type of drug DUI charges in Arizona, you should always consult a qualified criminal attorney to discuss your case. Arizona has some of the most strict laws, and severe penalties for DUI conviction in the state. Sentencing for drug DUI charges are the same or similar to those of drunk driving. They include jail terms, suspension of driver's license, probation, substance abuse screening and counseling; fines, fees, and assessments. Other penalties may apply. If retained an experienced criminal lawyer will protect your rights, and defend your charges. There may be defenses that you are not aware of that could lead to a dismissal of charges, or otherwise favorable outcome in your case.


Additional Resources:

Arizona Drug DUI Laws

Arizona Court of Appeals Division 1

Arizona Drugs Defined Under Criminal Code

Mesa AZ Municipal Court

Mesa AZ Police Department


Continue reading "Marijuana DUI: The Impact of Montgomery V. Harris in Arizona " »

January 28, 2013

If you plan to move or travel to Arizona; you should become familiar with Arizona's strict prescription drug DUI laws.

A person may be arrested in Arizona for a DUI, if they are not driving drunk, and even if they have had no alcohol at all. Last year Drug impairments accounted for 15% of all DUI arrests in Arizona. Police attribute many of these to Prescription DUI violations. If a motorist is driving impaired due to Prescription-only medications solely or in combination with alcohol, they may be exposed to a DUI Arrest. Convictions for drug related driving impairments are generally as severe as those for alcohol related impaired driving charges.


Arizona Prescription Drug DUI Laws

A.R.S. 28-1381 - In Arizona it is unlawful for a person to drive or be in actual physical control of a vehicle, if the person is "impaired to the slightest degree" while:

• Under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;
• If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle;
• Due to any drug defined under A.R.S. 13-3401 or its metabolite in a person's bodily systems.


Prescription Drug DUI Penalties

A person found guilty of driving impaired due to prescription drugs will be convicted of a Class 1 Misdemeanor. Penalties first offense Drug DUI convictions include 10 days in jail; substance abuse education and screening; fines, fees, costs of $1250.00; 90 day driver's license suspension; and probation; and Ignition Interlock Device (IID) one year.

A second violation, within 7 years is a Class 1Misdemeanor. Penalties include 90 days jail; $3,000.00 fines, fees, costs; license revocation for one year; probation; Ignition Interlock Device (IID); and probation.

A third DUI violation of any kind within 7 years, with two prior DUI convictions elevates a DUI to a Class 4 Felony, or Aggravated DUI to a Class 4 Felony. Penalties call for 4 months in prison for the third DUI; and 8 months for subsequent impaired driving convictions; fines, fees, costs of at least $4,000.00; driver's license revocation for 3 years; ignition interlock device (IID) 2 years; probation or community service; and a felon criminal record.

These penalties may vary slightly, and additional penalties may apply.

Prescription Drugs Defined

A.R.S. 13-3401 (28) includes the definition of "Prescription only drug" and means;

• Any toxic or potentially harmful drug as recognized in the general medical community; and
• Is considered safe to use only under the supervision of a licensed and qualified medical practitioner;
• Limited or approved for use as new drug under Federal Rules and medical supervision; of a medical practitioner.
• Potentially harmful drugs with labeling that includes proper directions for use;
• Drugs required by the Federal Rules to include labeling with the test "Federal law prohibits dispensing without prescription" or "Rx only".


Criminal Attorney for Prescription Drug DUI defense Gilbert AZ

Arizona has some of the toughest laws and penalties for conviction in the county. If you are arrested for any type of impaired driving in Arizona due to alcohol or drugs, your future and freedom are in jeopardy. But you have the right to defend their charges, and by law are innocent until proven guilty. You should consult a criminal defense attorney, regarding your matter before deciding to plead "guilty". If retained, a qualified legal advocate will protect your rights and defend your charges. There may be defenses you are not aware of that could lead to a case dismissal, reduction of charges, or mitigation in sentencing.


Additional Resources:


Arizona Prescription Drug Definition

Arizona DUI Laws

Gilbert AZ Police DUI Enforcement Units

Criminal Court Gilbert AZ

Arizona MADD.org

Continue reading "Prescription Drug DUI charges " »

December 28, 2012

"We are going big" says AZ DPS in preparation for intense week of DUI enforcement


A DUI may result in an arrest, jail time, but you can also wind up costing a person their job. That's just a few consequences of a DUI conviction. Arizona calls for tough criminal penalties; civil penalties such as loss of driver's license; and other consequences.

The Arizona Governor's Office of Highway Safety (AGOHS) announced it has organized 12 task forces for what it considers to be an intense week of DUI through January 1, 2013.

The DUI task forces 40 - 100 strong include 70 law enforcement agencies valley-wide, and working with Arizona Department of Public Safety.

The goals this year include focusing on both drivers impaired due to alcohol or drugs, especially extreme DUI arrests. The AGOHS reported that Extreme DUI arrests increased statewide 12% from 2011 to 2012. Total DUI arrests have increased over 14% overall from November during this from this time last year to December 27, 2012.

AZ DPS, Director Alberto Gutier, reported to local media sources that instead of employing DUI task forces, that officers would be out tar employs the DUI checkpoint method, in geo-targeted patrols throughout the valley. He indicated that they want to send the message that they are everywhere verses one particular checkpoint.


Arizona DUI Laws

In Arizona it is unlawful to drive "impaired to the slightest degree" due to alcohol or drugs under the legal limit of 0.08% due to alcohol or intoxicating drugs.

A person may also be arrested for DUI if they are driving over the legal limit with a Blood Alcohol Content of 0.08% person.

Driver's with BAC limits of 0.15% or more will be charged with Extreme DUI; and BAC limits that exceed 0.20% or more will be charged with Super Extreme DUI under Arizona Law. Higher the BAC limits call for harsh sentencing including longer jail terms.
.
The legal drinking age in Arizona is 21, and a motorist under the age of 21 found to have any alcohol in their system, will be arrested, whether or not that driver is impaired.

DUI charges generally brought as Misdemeanors unless Aggravated Factors exist. If Aggravated Factors are present, the charges will be prosecuted as Felonies. These factors include a third DUI with two prior DUI convictions with 84 months; driving impaired due to alcohol or drugs with a child passenger under the age of 15 years old; driving impaired with an invalid driver's license; or one that involves a serious or fatal auto accident.


DUI Defense Attorney, Chandler AZ

If you face drunk or impaired driving charges, your future and freedom are in jeopardy. You should consult a criminal defense attorney regarding your matter, before your first court appearance. If retained, they will protect your rights; and defend your charges. There may be defenses you are not aware of that could lead to case dismissal, or otherwise favorable outcome in your case.


Additional Resources:


Arizona Statewide DUI Enforcement Statistics 2012


Arizona Department of Public Safety


Arizona Governor's Office of Highway Safety


State Legislature - Extreme DUI Laws


Chandler Police Department

Continue reading " DUI Targeted Patrols and Command Centers Replace Checkpoints " »

December 18, 2012

Combined Resources Creates Larger Valley-wide DUI Task Force December 2012


This year Phoenix AZ, East Valley, and West Valley are combining DUI Task Force Efforts to create one large task force, for better efficiency and safety.

The Special DUI Task Force will be in place for the rest of month of December 2012. A central Command Post will be set up at Devonshire Community Center. It is located at the intersections of E. Devonshire Ave and 28th Street, in Phoenix AZ. Police will also set up DUI Field Vans, with Preliminary Breath Test Units, throughout the valley.


DUI Charges

DUI charges represented the largest number of crimes in Arizona in 2011. A total of 35,505 arrests were made or 14% of all crimes committed in Arizona last year. In an effort to decrease incidents of drunk driving or Drug DUI, Maricopa County police have actively sought out DUI motorists with DUI Sobriety Checkpoints set throughout 2012. This year, they increased their presence and safety checkpoints around holidays, events, and times where high volumes of traffic were expected.

DUI Laws

Arizona has some of the toughest DUI laws and penalties in the country. A first-time DUI is a Class 1 Misdemeanor. Under A.R.S. 28-2831 it is unlawful for a person to drive or be in actual physical control of a vehicle while:

• Driving "impaired to the slightest degree" due to any alcohol or drugs;

• If the person has an alcohol concentration of 0.08 or greater within two hours of driving or being in actual physical control of a vehicle.

In Arizona the legal limit for alcohol or Blood Alcohol Content (BAC) is 0.08%. However, a person may be guilty of DUI even if their BAC was below 0.08%, if due to alcohol or drugs they were driving "impaired to the slightest degree".

Before making an arrest, the police will conduct an investigation to determine if they have probable cause for a DUI arrest. This may include Field testing, breath testing, and or blood testing.

DUI Penalties

First-time non-extreme DUI conviction will result in the following penalties:

• 10 jail sentence;
• Suspension of driver's license for 90 days;
• Ignition Interlock Device (IID) on vehicle following reinstatement of driving privileges;
• Fines, fees, costs and assessments of at least $1,200.00;
• Probation;
• Alcohol/drug abuse education and counseling which will reduce jail time to 24 hours if successfully completed;

The higher the Blood Alcohol Content (BAC) level found in a person's system, the higher the penalties.

Laws and sentencing are more severe for repeat offenses. If a person is found guilty of a third DUI within 7 years, even if the prior DUI charges occurred in another state, they will be convicted of an Aggravated DUI which is a Class 4 Felony. Penalties for Felony DUI call for:

• 4 months in prison;
• Fines, fees, and assessments of S4,000.00;
• Driving privileges revoked for 3 years;
• 24 months of IID after reinstatement of license;
• Parole;
• Drug and Alcohol counseling and treatment;
• Community Service
• Felony criminal record


Criminal Defense Attorney for DUI Charges in Phoenix AZ

If you face DUI charges of any kind you should always consult a DUI Attorney before pleading guilty or appearing in court. Even though you were arrested, you have the right to retain an attorney and defend your charges. Your legal advocate will protect your rights; provide a defense; and work to resolve your matter as favorably as possible.

Additional Resources:

Arizona DUI Laws

Arizona Department of Public Services (DPS) - 2011 Crime Statistics

Phoenix Police Department

City of Phoenix - Municipal Court

Continue reading "Super DUI Task Force Created: East & West Valley Join Phoenix for Greater DUI Enforcement" »

December 11, 2012

Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona

A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic.

It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive "Impaired to the Slightest Degree" due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist's ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver's license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, "impaired to the slightest degree", while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs

First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:

• 10 days jail;
• Fines, fees, costs of $1,200.00
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Suspension of Driver's License for 90 days;
• Probation and/or
• Community Service



Super Extreme DUI laws in Arizona


A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor;

If a person is found to be driving with a BAC of 0.20 they will also be cited with "Impaired to the Slightest Degree"; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include

• 45 days in jail;
• Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver's License for at least 90 days;
• Probation and/or
• Community Service



Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead "Guilty" without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.


Additional Resources:

Drug DUI and Super Extreme DUI laws

Gilbert AZ Police Department

Alcohol/Substance Abuse Counseling and Treatment Providers

Arizona Department of Health Services - Behavior Health Resource Links


Continue reading "Felony DUI Judge arrested for Super Extreme DUI " »

September 4, 2012

Phoenix DUI Lawyer.jpgThe Arizona Governor's Office of Highway Safety released arrest statistics resulting from the DUI task forces staged throughout the Labor Day weekend. At least 564 persons were arrested for DUI as of Tuesday September 4, 2012.

Types of DUI arrests included:

• 472 Alcohol DUI charges;
• 92 Drug DUI charges;
• 154 Underage 21 DUI offense



Blood Alcohol Content (BAC) Levels for Alcohol DUI:

• 30% Extreme DUI which is 0.15% or greater;
• 70% "Impaired to the Slightest Degree: or over 0.08% but not greater than 0.15%

Classifications of DUI - DWI Charges

• 449 were Misdemeanor DUI charges;
• 40 were Aggravated (Felony) DUI charges*

*In Arizona under ARS § 28-1383 an Aggravated DUI charges one that involves at least one of more of the following circumstances:

• DUI while the motorist is on driving on a suspended, cancelled, revoked or otherwise invalid driver's license;
• A repeat DUI offense with 2 prior DUI convictions within 84 months;
• A DUI offense while the motorist has a passenger under age 15 years old in the vehicle.
• DUI with auto accident causing serious bodily harm to another person;
• Manslaughter - DUI involving a fatal accident

DUI - DWI Penalties

Convictions for Misdemeanor DUI call for 10 days jail; suspension of driver's license for 90 days; Ignition interlock Device (IID) on vehicle; fines; fees; drug or alcohol education, screening and treatment; probation.

In addition, DUI convictions involving higher BAC levels call for longer jail terms; higher fines and fees; use of IID for longer length of time; suspension of licenses for longer term.

Aggravated DUI Sentencing may result in prison terms of 4 to 8 months; fines, fees and assessments of up to $4,000; revocation of license; IIG use for 1 to 2 years; as well as other penalties mentioned above.

DUI Defense Attorney Phoenix AZ

If you have been arrested for DUI, it is important that you consult an experienced criminal defense attorney. They will discuss your matter with you confidentially, and provide you with defense options. They will protect your rights; defend your charges; guide you through the criminal justice process; and work to get you the best possible resolution in your case. There may be defenses you are not aware of that may lead to a dismissal of charges; reduction of sentencing; avoidance of harsh prison sentencing and other favorable outcomes in you matter.


Additional Resources:

A.R.S. Misdemeanor DUI:

A.R.S. Aggravated DUI

Arizona Department of Public Safety

Arizona Governor's Office of Highway Safety

Continue reading "Phoenix AZ DUI Task Force: DUI Arrests Statistics Labor Day Weekend 2012 " »

July 10, 2012

Extreme DUI Laws Scottsdale AZ

The Extreme DUI Blood Alcohol Limit (BAC) for alcohol is 0.15% but below 0.20%. If you are charged with a DUI 0.15% or greater, police will customarily charge you with three separate DUI offenses in the same stop. They will include the two or three BAC offense ranges of less than the one they were charged with:

• DUI "Impaired to the slightest degree"; A.R.S. §28-1381(A)(1)
• DUI above .08%; A.R.S. §28-1381 (A)(2)
• Extreme DUI above .15% A.R.S. §28-1382 (A) (1)
• Super Extreme DUI .20% A.R.S. §28-1382 (A) (2)

For example, if a motorist is charged with Super Extreme DUI, they will also be charged with 1) "impaired to the slightest degree", 2) DUI .08%; 3) Extreme DUI .15% and 4)Super Extreme DUI .20%. As a result, a motorist in this case would be charged with 4 DUI offenses.

Penalties Extreme DUI Convictions

If no other "aggravating factors" surround the incident, an Extreme DUI charge is a Class 1 Misdemeanor which is the most serious of Misdemeanors.
Generally, the higher the BAC, the more severe the penalties if convicted. Sentencing may include: 30 to 45 days in jail; $2500.00 fines; 1 year to 18 months ignition interlock device on vehicle; 90 days driver's license suspension; probation; fines; fees; costs and alcohol screening and counseling for a first time extreme DUI convictions. More penalties may apply.

Attorney for DUI Defense Scottsdale AZ

Any DUI arrest is serious. You should always consult a qualified criminal defense attorney before going to court, or pleading guilty. You have the right to defend your charges. There may be defenses that you are not aware of that could lead to a dismissal or reduction in charges or sentencing. If you wish to defend your charges, you should invoke that right, by retaining legal representation on your behalf. If retained, your attorney will make you're your rights are protected; defend your charges; and work to obtain the best possible outcome and resolution in your matter.

Continue reading "Extreme DUI Laws: Drunk Driving with Extreme BAC result in three DUI offenses in one stop " »

December 14, 2010

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Arizona

"Top Arizona DUI attorneys begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed."

DUI Charges Arizona
It is true that Arizona is known for being one of the toughest states on DUI charges in the country. The DUI laws are strict and penalties severe. If you have been charged or arrested for an Arizona DUI, you should consult an DUI defense lawyer in Arizona as soon as possible.

Penalties for convictions of first time, misdemeanor DUI in Arizona, may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI, charges can include lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation, mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Arizona Courts are especially harsh on repeat offenders and Arizona penalties reflect this.

Arizona DUI Lawyers
Many make the common mistake of trying to seek counsel of a friend regarding their DUI. However, if the friend is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, resist this temptation. This is a dangerous proposition. They will rarely know the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Arizona DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Scottsdale Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Scottsdale Arizona, and your case will be heard through the Scottsdale AZ City Court. Make sure your DUI attorney defends DUI or criminal charges frequently in Scottsdale Arizona.

It will benefit your defense if your DUI Lawyer is familiar with the court system, prosecution, and judges to hear DUI cases on a daily basis in Scottsdale, AZ through the criminal justice system. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Arizona DUI Defenses
Top Arizona DUI attorneys begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed. That is where a good Arizona DUI Defense Attorney starts. They will base their decisions on how and what defenses to utilize based on the individual circumstances surrounding your case. Good DUI defense lawyers in Arizona will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you). If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Arrest Arizona | Arizona DUI Defense " »

November 14, 2010

Arizona DUI Attorney | Criminal Defense

'"Your Arizona DUI Attorney may be able to get your Arizona DUI dismissed if there is No Probable Cause to Arrest"

If you were arrested for an Arizona DUI, you should consult Arizona DUI Attorney as soon as possible. You will find most qualified criminal defense attorneys and DUI lawyers in Arizona provide free consultations. An experienced Arizona DUI attorney will do everything possible in an attempt to get your Arizona DUI charges dismissed, reduced, or in the alternative get the best possible outcome in your case.

Arizona DUI Arrest
From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one or more defenses. One common defense is "No Probable Cause to Arrest". By law, the police must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest. Unless probable cause exists, the arrest is unconstitutional and invalid. The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by "Probable Cause". Note "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for investigation or questioning.

Probable Cause for Arrest
The police officer needs have obtained specific evidence and facts including but not limited to, field sobriety tests, breath tests, and/or chemical tests and such depending on the circumstances. The law enforcement official needs to have "enough to cause a reasonable person to believe that a crime has been committed." The judge needs to hear this actual evidence and specifics, not just assumptions, no accusations, not opinions, not biased unsubstantiated conclusions made by a police offer or the prosecution but actual physical or measurable evidence. Examples of such evidence include but are not limited to accurate breathalyzer machine results or blood test results. A good private practice Arizona DUI will investigate to determine that the police in fact enough evidence to meet the standard of probable cause to arrest. If not, they will challenge it will compelling arguments, file motions, and take the legal and assertive actions necessary to get your DUI charges dismissed.

Arizona DUI Penalties
An Arizona DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, based on your circumstances, the type of DUI charges, past criminal history, first time or repeat offense, and a host of other factors.

Arizona DUI - Other Defenses
First remember that an Arizona DUI charge is not a conviction. You have the right to fight your DUI. With a good DUI Lawyer in Arizona you can fight to get your charges, and challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

Defense strategies are determined and built by you qualified Arizona DUI Attorney who will be defending your case. The defenses are based the particular circumstances, and evidence surrounding your Arizona DUI charges. Your Arizona DUI lawyer will present it with compelling arguments to the judge and prosecution through the proper legal channels.

Arizona DUI Attorney
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona criminal justice system can be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

Continue reading "DUI Arrest in Arizona | DUI Laws " »

October 8, 2010

"A good Tempe DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Tempe DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges."

If you were arrested in Tempe AZ for a DUI, you should consult a Tempe DUI Attorney or Tempe criminal attorney who defends cases often in Tempe Court through the criminal justice system. Most qualified Tempe criminal attorneys and Tempe DUI defense attorney who defend DUI charges provide free consultations. They should give you helpful information about your Tempe DUI charges, and defense options.

Probable Cause for Arrest | Tempe DUI
From a Tempe DUI defense standpoint, your Tempe DUI Attorney may be able to get your Tempe, AZ DUI dismissed by using one, more or a combination of strategic defenses. One common defense is known as "No Probable Cause for Arrest". By law, the police must have "reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid.

Probable Cause | What it Means
The fourth amendment of the United States Constitution requires among other things, that arrests and arrest warrants be supported by Probable Cause. Note that "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or questioning.

Probable cause means the police need to have real evidence and actual facts including but not limited to field sobriety tests, breath tests results, blood tests results, urinalysis tests results or chemical tests results and served the Tempe Police to feel they had justifiable evidence "enough to cause a reasonable person to believe that a crime has been committed." The Tempe Judge and Court need to hear this actual evidence and the specifics that gave cause for your arrest. Assumptions, suspicions, accusations, opinions, biased unsubstantiated conclusions, or evidence that can not be measured is not acceptable and does not meet the standard of "probable cause for an arrest". A good Tempe DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Tempe DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

Arizona DUI Penalties
The Arizona State Laws apply to all DUI Charges throughout all cities considered to be under the jurisdiction of Arizona law. This includes Tempe AZ, Phoenix AZ, Chandler AZ, Tempe AZ, Mesa AZ, Gilbert AZ, Scottsdale AZ, Maricopa County and most all cities, towns and counties in Arizona. Arizona DUI laws are strict and penalties are among the most severe in the United States.

A Tempe DUI conviction can have negative impacts on your life, including but not limited to job suspension, job loss, or loss of future job opportunities, loss of driver's license, costly fines and fees, mandatory jail or prison terms, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, treatment or counseling, and any other penalties the Tempe AZ court deems necessary based on the circumstances surrounding your charges.

Sentencing for a conviction is based on a host of factors including but not limited to your past criminal record; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest; and many other variables surrounding your Tempe DUI charges and Tempe DUI arrest.

Scottsdale Arizona DUI Defenses
Note, just because you were charged with a Tempe DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. Tempe DUI charges can be challenged. This is best done by retaining good Tempe DUI defense Lawyer in Arizona who can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney. One key to a winning defense is early retention of your DUI defense attorney.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The best defense strategy for your Tempe DUI charge will be determined by your qualified Arizona DUI Attorney defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Tempe DUI charges and arrest, after obtaining and examining all the evidence and facts. Your Tempe DUI lawyer will present compelling arguments to the judge, Tempe Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Tempe | Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome drastically increases with the retention of a good Tempe AZ Criminal Attorney, or Tempe DUI Attorney. Many people consider the Tempe Arizona criminal justice system and Tempe Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Tempe criminal attorney or Arizona DUI lawyer who regularly defends Tempe DUI charges through the criminal justice and court systems. A good Tempe DUI defense Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Tempe DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

If you have been charged with any Arizona DUI, Extreme DUI, Super extreme DUI, Accident DUI, Second DUI, Third DUI (or more), Drug DUI, Medication DUI, Prescription medication DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona 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 Tempe, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Mesa, Phoenix, Scottsdale, Gilbert, Chandler or surrounding cities within Maricopa county, Arizona valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance

October 6, 2010

Drug DUI Lawyer | Criminal Defense AZ

"Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense."

If you were arrested for drug DUI charges or prescription drug DUI charges in Arizona you should contact an experienced DUI, Drug DUI or criminal defense attorney in Arizona as soon as possible. These charges are very serious, and are some of the toughest in the country.

If you test positive for drugs and are subject to drug DUI charges under the Arizona State Laws and the processes of the Arizona Criminal Justice System. The mere presence of a drug found in your system is enough for AZ police to charge you, if the officer believes that drugs impaired your driving "to the slightest degree." Prescription DUI charges and Drug DUI charges and penalties are very similar to alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Drug DUI Laws Arizona
Whether you were arrested for Felony DUI or Aggravated DUI in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona the rule of law falls under the authority of Arizona State Law and criminal codes A.R.S. 13-3401.

Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if it is a prescribed drug is legally prescribed medication by a licensed physician A.R.S. 28-1381 3.B. or illegal dangerous drugs as defined in A.R.S. 13-3401. Below are portions of the Arizona DUI drug laws:
Arizona Revised Statutes

A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

"A.R.S. 13-3401. Chapter 34 Beginning with DRUG OFFENSES 13-3401 Definitions..."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)
Prescription Drug DUI, Drug DUI Defense

If you have been charged with drug dui in AZ drug DUI or a prescription drug DUI in Arizona, you will need to hire a good Arizona Criminal Defense, DUI or Drug DUI defense Attorney who defends DUI and drug DUI in Arizona on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Drug DUI charges in Arizona. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, or prescription drug DUI. If you try to take on the monumental task fighting through the maze of the Arizona Criminal Justice system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a swift conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategy to use based on the circumstances in your case. Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Aggravated DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, gun charges, 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 Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 28, 2010

Arizona DUI Attorney

"First remember that an Arizona DUI charge is not a conviction. You have the right to fight your DUI. With a good DUI Lawyer in Arizona you can fight to get your charges, and challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you go unrepresented".

Arizona DUI laws and Arizona DUI Penalties are some of the most strict and severe in the United States. Even first time Arizona misdemeanor DUI convictions carry harsh punishments. Arizona Felony DUI convictions are so severe, that they adversely impact the rest of your life. The Arizona State Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Phoenix AZ, Gilbert AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other jurisdictions in Arizona.

If you were arrested in Arizona for DUI, the first thing you should do is consult an Arizo1na DUI Attorney as soon as possible. Most of the Best criminal attorneys and DUI lawyers in Arizona provide free consultations to discuss your charges, the processes and your options for your DUI defense. An experienced Arizona DUI attorney will do everything possible in an attempt to get your Arizona DUI charges dismissed, reduced, or in the alternative the best outcome in your case.

Arizona DUI Penalties
A DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, and whatever the Court deems necessary and appropriate for your situation. The factors considered in sentencing include but are not limited to

• Type of DUI misdemeanor or felony
• First Time v. Repeat Offense
• Prior Criminal history
• Aggravating Factors
• Level of Blood Alcohol Content (BAC) found to be in your system
• Amount of Drug or Substance found to be in your system
• Other criminal offenses committed at the same time as the DUI

What Happens after an Arizona DUI Arrest
In general what follows an Arizona DUI arrest will include events that will best be served and give you the best chance at a good outcome by retaining a good Arizona criminal defense attorney or Arizona DUI lawyer. The main events include but are not limited to the following:

1) Motor Vehicle Hearing
2) Arraignment
3) Pre-trial Conference
4) Suppression or Evidentiary Hearing
5) Trial if needed (In Maricopa County only about 2% to 3% of DUI cases ever
go to trial)
6) Sentencing

Arizona DUI Defenses
First remember that an Arizona DUI charge is not a conviction. You have the right to fight your DUI. With a good DUI Lawyer in Arizona you can fight to get your charges, and challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you go unrepresented.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The defense strategy that to be tailored and built by a qualified Arizona DUI Attorney will be based largely on the circumstances, details, and evidence surrounding your Arizona DUI charges. It must then be presented with compelling arguments by your AZ DUI defense lawyer in the most effective way possible through the proper legal channels.

Arizona DUI Attorney
You have too much to lose not to hire a good DUI Attorney in Arizona to represent you and fight your Arizona DUI charges. Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona court systems are a maze of strict rules, guidelines, and protocols it must follow. You will need a strong Attorney an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges.

A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense tailored to the circumstances surrounding our Arizona DUI, present compelling arguments, challenge the prosecutions evidence if appropriate, interview or depose the police officer who made the arrest if appropriate, retest the blood sample taken if applicable, investigate and evaluate calibration and repair history on the Breathalyzer machine used, determine if any of your constitutional rights were violated attend Motor Vehicle Hearings, Arraignment, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if necessary, make sure you are treated fairly. In summary, the best Arizona DUI attorneys do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

If you have been charged with any Arizona DUI, Extreme DUI, Super extreme DUI, Accident DUI, Second DUI, Third DUI (or more), Drug DUI, Medication DUI, Prescription medication DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona 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, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Gilbert, Chandler, Tempe or surrounding cities within Maricopa county, Arizona valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

April 30, 2010

Phoenix DUI Attorney

After being charged with a Phoenix, Arizona DUI, fear of the unknown is traumatic. You need answers to the question of "What happens next? The first thing you need to do is to contact an Arizona Criminal Defense Lawyer experienced in defending Arizona DUI charges. A good Arizona DUI lawyer will make sure the DUI and all events have the least impact on you and your life as possible; exhaust all measures to lowering the charges and sentencing; and press for a complete dismissal of the matter, depending on the circumstances of your case.

The following will shed some light on the "General" order of processes that follow if they apply to your situation:

1. Motor Vehicle Hearing: To preserve your right to drive in Arizona, you must request a hearing within 15 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a suspension letter. If you had a valid license when you were stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 30-45 days of driving. If you lose at the hearing, you can not drive after the hearing. Crucial defenses can be developed at the hearing. Also ask your attorney of the consequences of requesting the hearing verses stipulating to the suspension. You are trying to minimize any and all impact on your life due to this DUI charge. Including the need for an SR 22 insurance policy.

2. Arraignment: This is the date on your ticket, about 30 to 60 days after your DUI arrest. If you have an attorney and are not on bond, you do not have to appear. A Good Arizona Attorney will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights. Your attorney will be able to give you that information. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney confirm, whether or not you will be required to attend.

3. Pre-trial Conference:
Your attorney will discuss your case, with the prosecution and attempt to negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. The date is agreed upon by the Court and your attorney's calendar. There are typically 2-3 pre-trial hearings.

4. Suppression or Evidentiary Hearing:
A good Arizona DUI Attorney may be able to request the State to suppress some or all evidence against you, if your constitutional rights have been violated, or if any circumstances surrounding your case warrant suppression of the evidence. Your attorney will also file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant. This usually occurs after the first pre-trial conference.

5. Trial: If your Attorney and the Prosecution are unable to agree upon an acceptable sentencing, plea bargain or dismissal of your case, you have the right to request a trial. Trial must be held within six months after plea.

6. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentencing and DUI convictions can include incarceration, driver's license suspension, fees, fines and/or counseling, and required use of an ignition interlock device in your vehicle.

DUI charges in Arizona are not something you want to defend on your own, without an Arizona DUI Defense Attorney. Arizona has some of the toughest DUI laws, in the country. Trying to defend your own Arizona DUI charges in absence of retaining a Phoenix Arizona DUI Attorney is very dangerous. Hiring an experienced DUI Attorney will make all the difference in the outcome of your case

Continue reading "AFTER PHOENIX ARIZONA DUI ARREST - ARIZONA DUI LAWS" »