Phoenix DUI Lawyer Blog

Defending Chandler Extreme DUI Charges

"There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances."

Extreme DUI Penalties Chandler, AZ
A Chandler DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Chandler AZ
Defending an Extreme DUI in Chandler, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Chandler AZ Court on a regular basis. There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Chandler extreme DUI charges, fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Chandler Extreme DUI Attorney
Your Chandler DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation, the processes, and what to expect. Understand that there is a tremendous difference between knowing what the defenses are, and executing them through the legal processes to challenge evidence and charges successfully. This takes years of education, litigation & defense experience. This is why you need the legal representation of a good Chandler DUI lawyer, who defends cases in Chandler AZ on a regular basis.

Some who face extreme DUI charges in Chandler AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Chandler on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Chandler Extreme DUI Attorney. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Chandler DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Chandler Court and processes can be an overwhelming maze to get through without an experienced Chandler DUI attorney who deals with it on a daily basis.

With a good Chandler extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Chandler DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Chandler Court, defense strategies, examining evidence and challenging it to defend your Chandler DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Chandler 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 Chandler DUI, Chandler 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 Chandler criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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A Good DUI Attorney will fight to get your Chandler DUI charges Dismissed!

"The Stakes are high. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Chandler DUI conviction or dismissal of your Chandler DUI charges."

If you face Chandler DUI charges you will need to hire a criminal defense lawyer or DUI Attorney who defends cases regularly in the Chandler Courts. Many good DUI Attorneys will provide you with a Free Consultation. When you decide, make sure the DUI Attorney you chose has a proven record of defending Chandler DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Chandler DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Chandler DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Chandler DUI charges is an extremely critical decision. Second chances at freedom are rare. There are many Arizona DUI Lawyers. But your challenge is to find a good one. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Chandler DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail 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 www.arizonacriminaldefenselawyer.com.

Chandler DUI convictions carry severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Chandler DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Chandler DUI charges. A DUI conviction of any kind can have such negative impacts on your life such as loss of job or future job opportunities, loss of driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Chandler are slim to none. The Chandler court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Chandler DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Chandler DUI has many facets which must be examined. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things a good attorney will pick up on after years and year of litigation and experience that a text book does not teach you in law school. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that should be examined include but are not limited to: violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Criminal Defense or DUI attorney who defends cases in Chandler regularly. The Stakes are high. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Chandler DUI conviction or dismissal of your Chandler DUI charges.

If you have been charged with any 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 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).

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What You Can Do To Help Get Your DUI Charges Dismissed!

If you face Chandler DUI charges, you will need an experienced DUI attorney or Criminal Defense Attorney who defends DUI cases on a regular basis in Chandler Arizona. There are also things you can do with the guidance of your Chandler criminal attorney, to take control your Chandler DUI charges. Yes there are things you can do to help get your case dismissed, reduce the charges, or suppress evidence, and to build the most effective defense possible.

Here are just a few excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Chandler Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a DUI Lawyer who defends DUI charges in Chandler, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Chandler DUI charge. You will need a Chandler DUI Lawyer well versed in all such matters surrounding Chandler DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Chandler DUI Law. Chandler Criminal Attorneys and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the strict, and changing Chandler DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

Document in Some Form Details and Narrative of the Incident As You Recall It: Your Chandler DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Chandler drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Chandler law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Chandler. In particular the reason for the stop can be one of the most important factors in defending your case.

Food and Drink Prior to the Chandler DUI arrest: Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. How long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place? Where was the location of the stop and results of each breath or blood test?

Ambulance or Hospital records: If you were taken to the hospital or emergency Room, following an accident and the ambulance went to the scene or you went to the hospital obtain medical records from both entities. Because of patient privacy laws, it is usually faster for you to obtain the records from the medical provider including the ambulance records, than if a criminal defense attorney requests them.

Your Court Appearance: If you miss or fail to appear for your required court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Depending on how late you are, a warrant may be immediately issued for your arrest. Even if you are just a few minutes late, the judge and prosecution frown upon this. Tardiness for any reason is considered to be disrespectful of your charges, their time, and their dockets. Being late for your court appearance sends a message to them that you are not taking the DUI charges seriously, which may effect your case unfavorably.

Contact the Arizona MVD For Your Hearing: In most cases the Chandler police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Communication is Key: One of the questions you will want to ask when you look for Chandler DUI Lawyer is "With whom will I be communicating with on a regular basis?" The Chandler DUI Attorney must be familiar with all the details surrounding your case. You need an open line of communication with them throughout your case, whether you have for questions, or need status or updates of your case, court dates, or if the Attorney needs to clarify something or needs other documentation you can provide for your defense. If you have hired an attorney, with whom you feel you can not get through to whe1n you call, or have difficulty communicating with, or do not have a professional comfort level with your case may be destined for failure. This is a major factor to consider, if and when you decide to hire a Chandler DUI lawyer.

If you have been charged with any Chandler DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler Criminal Defense, and DUI Defense Attorney and James Novak (Former Prosecutor).

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Chandler DUI Defenses

A specific defense allows your Chandler Attorney to file a Motion to Dismiss or Motion to suppress specified evidence that would otherwise harm your case. Your Chandler DUI Lawyer may be able to present the specific defense by your DUI Attorney to the prosecutor which may open the door for a negotiated dismissal or reduction of the Chandler DUI charges.

An experienced Chandler Arizona DUI attorney or Attorney who defends DUI charges frequently in Chandler are familiar with the many defenses that can be used to challenge your Chandler DUI charges depending on the facts of your DUI case. The following is a list of primary categories of defenses that are often used. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

"Some areas to consider for your defense strategies include but are not limited to the following:

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Chandler DUI classification, laws, penalties and convictions fall under the authority of Arizona State Criminal Laws and Statutes. As you know already, these are some of the harshest laws and penalties in the country. Even a first time DUI conviction, in Arizona carries a mandatory jail sentences and other penalties, such as court ordered us of an interlock ignition device in your vehicle. Chandler Arizona wants DUI convictions. But if you are defended by a good Chandler DUI attorney or Arizona DUI lawyer who defends DUI charges on a regular basis, your chances will increase of getting your charges dismissed or reduced. Your Chandler DUI lawyer will use every defense possible in your case. They will gather and examine the evidence; Determine which defenses will be the most effective to use, in order to fight your DUI. Your DUI Attorney will then challenge the prosecutor's case, in an effort to get the your Chandler DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Chandler DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

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Top Chandler DUI Lawyers Beat DUI Charges!

In order to make a Chandler Arizona DUI arrest, the burden of the Chandler police to have "probable cause" to make a DUI arrest. If a motion to dismiss for lack of "probable cause" to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. If there was "no probable" for Chandler DUI arrest, the case may be dismissed. This would be accomplished by your Chandler DUI Attorney, filing the proper motion with the Chandler court on your behalf. This is just an example of a few defense strategies a good Chandler DUI Defense Attorney would use to defend your Chandler DUI, in an attempt to get your charges reduced or obtain a total dismissal of your Chandler DUI charges. These excerpts taken from "101 DUI Defense Strategies" Winning Arizona Defense Book 2010 ©:

POOR GROOMING
Did the police claim your grooming was poor?
On what basis was this opinion formulated? How does the police officer know what your typical grooming patterns or outward appearance is? What exactly did they document in the police report which constituted their opinion of "poor grooming"? If your clothing is crumpled or hair is disarray, the officer that stopped you for suspicion of DUI, would prefer to think that you must be driving drunk. Usually, they do not ask for an explanation for what in their opinion is "poor grooming". Perhaps you just finished working, helped a friend move, chased a lost pet down the street, spent a long day or night studying, playing basket ball, or struggling with something else in your life. There are hundreds of explanations for crumpled clothing, or disarray hair, which have nothing to do with impairment due to alcohol or drugs.

STAGGERING OR SWAYING
Did the police report that you were staggering or swaying at some point during the stop?
The officer will record anything and everything possible to stack the cards against you, to get a DUI conviction. You may at times be along side of a street or highway, with fast moving traffic. There may be gravel on road. You may be wearing high heels.
You could be recovering from a leg or foot injury which would cause a different stance or exit from vehicle. Or you many have another medical condition that causes this type of movement in your gate or walk typically. Or you are just simply nervous because of the ordeal. If you are reported to have struggled to get out of your vehicle, issues can be challenged related to restrictions in the vehicle such as a larger person exiting a smaller vehicle. Other mechanics of the vehicle could be restricting such as trying to get out of a seatbelt that has mechanical problems unlatching.

RATE YOURSELF
Did the police ask you to rate yourself?
The police routinely ask you to rate yourself from "0" to "10" that is "0" sober "10" extremely intoxicated. If the question was asked after you were arrested or were free from leaving, then your response may be suppressed as a violation of your right to remain silent. Do not allow self-incrimination. You have the constitutional right to remain silent. Use it!

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED
Did the officer administer field sobriety testing in accordance with Federal Government guidelines?
According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. The NHTSA sets certain standards for the administration of tests that include: Walk and Turn, One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, not healthy, injured or suffers another medical condition which would affect them adversely if the tests were done, or if the results of the test would be inaccurate due to the condition.

"If there was "no probable" for Chandler DUI arrest, the case may be dismissed."

These are just a few fundamental defense strategies your Chandler DUI Attorney may use to defend your case. There are countless defenses a good Chandler DUI Lawyer can use, based on your set of circumstances. Your chances of getting your DUI Dismissed, reduced to lesser charges (for example bringing a criminal DUI charge down to a civil traffic citation such as running a stop sign), or an other good outcome on your case increases drastically if you hire a private Chandler DUI Defense Attorney.

If you have been charged with any Chandler 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 Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, internet crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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You need to consult a Chandler DUI Lawyer if you face Chandler DUI Charges
Chandler residents and drivers beware if you are driving impaired in Chandler Arizona due to alcohol or Drug DUI. Like most cities in Arizona, Chandler Police are tough on Chandler DUI drivers. The Chandler Police Department Traffic Division, includes a Motor Team currently has 1 sergeant and 6 motor officers assigned solely to search for and arrest potentially impaired Chandler DUI drivers. One of their main objectives, as a team is to reduce the number of Chandler DUI drivers on the roads Chandler Police Department also has a Forensic Science Laboratory where the analysis of dangerous drugs and narcotics are performed. This laboratory also performs blood analysis in the investigations of alcohol-related crimes, including driving under the influence. If you are charged with a Chandler Arizona DUI or Drug DUI, it is crucial that you consult a Chandler DUI Defense Attorney as soon as possible regarding a defense.

If you are charged with a Chandler DUI or Drug DUI, you will be held to the DUI laws and criminal code under the Arizona Laws. The Arizona DUI laws are some of the strictest in the country. The consequences of am Arizona DUI are greater than many people realize. Even if you avoid jail and pay a reduced fine, the cost in increased insurance premiums alone means your DUI conviction stays with you for years to come. Chandler Police Department and Law Enforcement Officials are tough on crime and Chandler DUI arrests and convictions. Even the most basic Chandler DUI charge first time Misdemeanor conviction carries incarceration jail time with it, including fines, fees, and other penalties. You will need to hire an experienced Chandler DUI Attorney, who defends Chandler DUI and drug DUI charges. Without a private defense and legal representation the chances of getting your Chandler DUI charges dismissed, charges reduced, or getting any type of favorable outcome of your case are drastically reduced.

A good Chandler DUI Defense Attorney will make sure your constitutional rights have not been violated, obtain and examine all evidence and depending on those circumstances, and then mount a strong defense on your behalf. Every case is different and holds a separate set of circumstances. So it is important that you contact an experienced Chandler Arizona DUI Defense Attorney as early as possible, so they can begin working on your case immediately, fight for a dismissal, reduced charges and the best outcome possible.

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