Phoenix DUI Lawyer Blog

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 " »

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 " »

"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

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.

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.

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" »

In Phoenix Arizona, you can get an Arizona DUI, even if your blood alcohol content (BAC) is below 0.08? The 0.08 is only one of a number of measurable standards that can be used to justify charging someone with a Phoenix Arizona DUI. If you are stopped, and tested for a DUI, and your BAC is not 0.08 or greater, you can still be charged with an Arizona DUI. It's called being "Impaired to the Slightest Degree".

Any Arizona DUI Defense Attorney will tell you the same thing...that is, you can actually be charged with an Arizona DUI if you had no alcohol at all. Let's say, for example, you are stopped for a minor traffic violation and for some reason the police officer suspects you have had even one alcoholic beverage or have taken medication, prescribed legally by a physician or even some over the counter medications. You can still be tested and even charged with am Arizona DUI--a serious offense, if the police officer has reason to believe that a minor amount of alcohol or medication caused you to be slightly impaired while driving.

It can easily happen to anyone, anytime, anywhere. Don't allow the old adages, such as "I can handle my liquor" or "I won't get a DUI, I just had one drink", to give you a false sense of security, at least not in Arizona anyway. For more information and DUI videos visit http://www.azduilaws.com.And if you or someone you know has been charged with a DUI in Arizona, Call Phoenix DUI Attorney, James Novak at (480-413-1499) for your Free Consultation now!