Phoenix DUI Lawyer Blog

Defending Arizona Extreme DUI Charges
"Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer".

Extreme DUI Penalties Arizona, AZ
An Arizona DUI is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined through 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 AZ DUI penalties and sentencing 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 Arizona
Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer. There are many defenses that can be used by a good Arizona 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
It makes no difference if your extreme DUI was in Mesa AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, or Scottsdale AZ, the 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)

Arizona Extreme DUI Attorney
Your AZ DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation. Understand that there is a great deal of difference between knowing what the defenses are, and utilizing them through the legal effectively. This takes a lot of skill, training, education, litigation & defense experience, and some element of "thinking outside the box" or creativity. This is one of many reasons why you need the legal representation of a good Arizona DUI lawyer, who defends cases in Arizona AZ on a regular basis.

Some defendants facing extreme DUI charges in Arizona feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Arizona 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 and more (and was far more costly than if they had hired a Arizona Extreme DUI Attorney). It makes the prosecution's job easier if you don't hire a good and assertive 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 Arizona 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 Arizona Courts and processes can be an overwhelming maze to get through without an experienced Arizona DUI attorney who deals with it on a daily basis.

With a good Arizona 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. An Arizona DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Arizona Court, defense strategies, examining evidence and challenging it to defend your Arizona 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 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, 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 Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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

"Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona DUI charges."

If you face Arizona DUI charges you will need to hire an Arizona DUI Attorney who defends cases regularly in the Arizona Courts. Many good Arizona 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 Arizona 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 Arizona 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 an Arizona 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 Arizona DUI charges is an extremely important 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 someone to help you get yourself convicted. And you certainly don't want to pay for it! You need a good Arizona DUI lawyer to defend your Arizona DUI charges. 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 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.

Arizona DUI convictions carry harsh. Arizona has some of the toughest DUI laws and punishments in the United States. Even a first time Arizona DUI conviction can be devastating. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Arizona DUI charges. 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, 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.

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 DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Arizona DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

An Arizona DUI has many facets which must be examined and can be challenged. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things an experienced private practice attorney will pick up on after years and year of litigation and experience. These are the types of things that teachers don't teach and law books don't include in an Attorney's law school experience alone. 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 Arizona Criminal Defense or DUI attorney. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona 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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Your chances of getting your Arizona DUI dismissed increase drastically if you hire a DUI attorney in Arizona. There are many reasons for this. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book written by James Novak, Arizona DUI and Criminal Defense Attorney:

"The police have already done their job and charged you with Arizona criminal DUI. You have a lot at stake including adverse effects to your job, driver's license, family, finances, children, future and freedom. The case is already in the court system and your file has been attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? Yes, but true. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if any your constitutional rights were violated in anyway. That is not their job and they are too busy for that anyway. Their job is not to protect you, provide a defense, or help to find a way to minimize the adverse impacts to you due to the charges. They prosecute and convict. If you are looking for the Judge to be in your corner, look again. He's not either. The Judge does not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper

Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an Arizona Criminal and DUI Defense Attorney to build a strong defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

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

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A Good Tempe DUI Attorney will fight to dismiss your DUI charges

"Hiring a private practice experienced Tempe DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your DUI charges".

If you face Tempe DUI charges, you need to hire a Tempe criminal defense attorney or DUI Lawyer who defends all kinds of DUI charges on a regular basis. Make sure your Arizona DUI Lawyer is an experienced trial lawyer, who knows the laws well,
including all the newest and changing laws; breath and blood testing issues; but most importantly understands what defense strategies and methods can be used to fight your charges and a conviction based on your Tempe DUI circumstances.

Choosing a Tempe DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever make. There are many questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These are cited in detail within the Winning Defense Strategies Book Series "#1 Arizona DUI Defense", written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak and can be downloaded for free at
www.arizonacriminaldefenselawyer.com.

The impacts of a Tempe DUI conviction are severe and can adversely effect you for years to come. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal record, has severe punishments. You have too much to lose, not to hire a good DUI Attorney to represent you and fight your charges. Adverse impacts include effects or loss of job or job opportunities, loss of driver's license, drain on finances with fines and fees, mandatory incarceration in county jail, and even court ordered interlock device (at your expense) on your vehicle which requires you to prove you have not been drinking before your automobile will start.

The Arizona prosecution does not care who you are, what you do, or how your family or job will be affected by a conviction. They will simply pursue your DUI conviction relentlessly. They work closely, with the police to get it. They do not care if the charges are justified or if your constitutional rights were violated during the process. The job of the prosecution is not to protect you or minimize the impacts of a conviction on your life. A Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. Attempting to tell your side of the story to the Judge on your own will not have favorable effect on your situation. In fact, what you innocently think may be helping your case, may actually be used against you. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting your DUI dismissed, an acquittal or favorable verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The court system as strict rules and guidelines it must follow. You will need a strong Tempe criminal defense attorney or DUI lawyer to defend your case and fight for your rights and freedom. Your Tempe DUI Attorney to build a strong defense for your case. You need someone you can call for answers to questions, someone who will challenge the evidence, protect your constitutional rights, to fight to get your case dismissed, charges reduced, or otherwise the best outcome in your favor. The chances of any of these favorable outcomes are drastically reduced to none without the retention of a private Tempe Criminal or DUI defense Lawyer who does this day in and day out. A Tempe DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no cookie cutter defense. Such factors include violations of your Constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, and more. There are many factors in a case that can be challenged to your favor. But you will not get the benefit of having these factors examined and challenged without the right Tempe Criminal Defense Attorney. The judge and prosecution will look at your case through the mind of prosecution only, not in your defense. Hiring a private practice experienced Tempe DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your DUI charges.

If you have been charged with any Mesa, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any 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).

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AZ DUI Attorney can help you beat your Arizona DUI!

Arizona has some the toughest DUI laws in the United States. If you have been charged with a DUI in Arizona, you should consult an AZ DUI Defense Attorney as soon as possible. Choose a private AZ DUI Lawyer, whose AZ Law Firm is devoted to providing AZ legal representation exclusively for AZ Criminal and DUI Defense cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing AZ DUI laws, AZ Courts and protocol, AZ Judges, AZ Prosecution, and most importantly AZ DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge in Arizona can be fought and dismissed, with the right AZ defense attorney representing you. Your chances of getting a case dismissed, charges reduced, evidence suppressed or any favorable resolution, and are drastically increase when you hire a good AZ DUI Lawyer.

Below are brief examples of defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book. This will give you a flavor of just a few defense strategies a good AZ DUI defense Attorney might use to defend you as :

ILLEGAL STOP: "NO REASONABLE SUSPICION OF TRAFFIC OFFENSE"
The United States Supreme Court has held that an officer must have reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is driving intoxicated. These types of actions are seen commonly
in unimpaired drivers.

NO PROBABLE CAUSE TO MAKE THE ARREST
The burden on the Arizona police is greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" of DUI. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to 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. Based on the facts, the case may be dismissed.

INCOMPLETE STOP BY DRIVER
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.

WEAVING WITHIN THE LANE
A motion may be filed to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Does the swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal

SPEEDING ALLEGATIONS -NO PROOF - OR NOT RELATED TO DUI
Some research shows no link between drunk driving and speeding. Drivers exceeding the speed limit are not more or less likely to be impaired than any other driver. Thus, speeding alone does not substantiate probable cause to suspect you of DUI. Also, the defense must produce proof of your actual speed. (Did the officer estimate your speed by observation, by pacing, or speed detection equipment?) If no evidence exists, the
issue of speeding should also be challenged.

DUI SOBRIETY CHECKPOINT STOP - POLICE DEVIATED FROM RANDOM STOP REQUIREMENT
According to (NHTSA) guidelines, the police officers should adhere strictly to the formula that was dictated in advance by the police force management or other locale managing authority, as to which vehicles will be stopped at the checkpoint. (For example: every 3rd, or 4th vehicle or some other random mathematical formula.)

DELAYS IN TRANSPORT
Did you experience a long delay in being transported to a chemical testing site?
According to (NHTSA) guidelines, the logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.

STAGGERING OR SWAYING NOT THE RESULT OF DUI
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 seat-belt that has mechanical problems unlatching.

OPENED CONTAINER WAS NOT YOURS
If the car was borrowed or you have or previously had passengers in the vehicle,
the police will attempt to attribute the open container of alcohol to the driver. However, it may not be yours. You may not have even known it was there in the first place, particularly if the car did not belong to you and you were simply a permissive user of the vehicle.

BREATHING PATTERNS
Were you instructed to breathe continuously into the device for more than 10 seconds?
Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.

Download a FREE PDF abridged version of the book now. Just visit www.arizonacriminaldefenselawyer.com . There is no cost, no obligation, and no personal information is required to download the free book of "101 DUI Defense Strategies". Winning Arizona DUI Defense Strategies Book.

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, 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.

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10 Ways an Arizona DUI Attorney can help you beat Your DUI!

Arizona has some the toughest DUI task forces and DUI laws in the country. If you face DUI charges in Arizona, you should contact an Arizona DUI Defense Attorney as soon as possible. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing Arizona DUI laws, Arizona Courts, Judges, Prosecution, and most importantly Arizona DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge can be fought and dismissed. Just because you have been charged doesn't mean you will be convicted. But your chances of getting it dismissed, charges reduced, evidence suppressed, or any favorable outcome are drastically reduced unless you hire a good Arizona DUI Lawyer.

"Just because you have been charged with an Arizona DUI doesn't mean you will be convicted."

Below is a sample of 10 defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case:

"101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak

POOR SOBRIETY TESTS BASED ON LOCATION WHERE THE POLICE OFFICER CONDUCTED THE TESTS:
Were your sobriety tests conducted with climate, environment, or landscaping disadvantage to you?
Most of the time these exercises occur on the side of the road at the location the vehicle was stopped. The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS:
Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. Many people do not understand what the police officer is actually looking for when he/she performs this test. Some people think they just need to follow the pen. This test, however, purportedly measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

BREATH TEST OPERATOR UNLICENSED
Did the breath test operator possess a valid, unexpired operator's license?
If not, the DUI breath test result is inadmissible.

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE
Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks. If the maintenance records do not reflect that it has been serviced regularly, or records do not exist, this evidence may be suppressed. The records must be kept to include maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

IMPROPER PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

BLOOD KIT
Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.

IMPROPER TEST TIMING, PROTOCOL, PRESEVERATON OR TRANPORT OF URINE SAMPLE
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

OFFICER NO LONGER EMPLOYED
Was the arresting police officer fired, resigned from the police force, deceased, or otherwise unable to testify against you at trial?
If so, the prosecution would not have this specific officer to give testimony at trial, which is crucial to the prosecution's case.

RISING BAC
Was your blood drawn within three hours of consuming your last alcoholic beverage?
It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.

DENIAL OF RIGHT TO OBTAIN EXCULPATORY EVIDENCE
Were you denied the right to obtain evidence in your defense?
Every defendant accused of a criminal offense has the constitutional right to independently seek evidence that may help their defense. For instance, if your DUI/DWI charge was based on a blood draw, you have the right to obtain an independent blood test sample. If the police deny you a "fair chance" to obtain exculpatory evidence, your constitutional rights have been violated. Most police officers routinely maintain a second blood sample for the defense to test. However, to be on the safe side, it is a good practice for the defendant to also request a second sample be retained for defense. If the police fail to preserve a sample for defense testing, whether you asked or not, a motion for dismissal may be in order.

(You can download a FREE PDF abridged version of the book www.arizonacriminaldefenselawyer.com at no cost, and no obligation. No personal information is required. )

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How many ways can I say YES?! Arizona has some of toughest laws in the United States. Any Arizona DUI is a serious offense. Even a first time misdemeanor DUI carries with it serious punishments. The severity increases more so, for a Felony DUI charge.

The Arizona DUI Laws have changed dramatically over the years. A person arrested today for a DUI (driving under the influence of alcohol and/or drugs) faces penalties that may include a fines, loss of drivers' license, incarceration, and other punishments. If you've been charged with any kind of DUI in Arizona, you need to consult an experienced Arizona DUI Attorney. Make sure your Arizona attorney is experienced and well versed in all current Arizona DUI laws, defenses, and the court system.

There are many facets of an Arizona DUI that must be examined including evidence that exists and begins the moment you see those police car headlights flashing in your rear view mirror. After the stop, you may then be asked to perform Arizona DUI field sobriety tests under both physically and emotionally challenging conditions. After the Arizona DUI arrest, you are then required to submit to a breath or blood test at the police station or in an Arizona DUI TASC Force DUI Van. In Arizona the breathalyzer test used by the police are not always accurate and at times highly unreliable. The police officer's training, handling, and procedures regarding the administration of the breathalyzer test equipment, including the reason for the stop, all convert to evidence. If you refuse to the test or if the police feel that you are not cooperating in the administration of the test than it could be considered a refusal and a warrant will be obtained and your blood can be drawn. All of this is evidence must be gathered and dissected by an experienced attorney. Your Attorney will then uses it to educate the prosecution, the judge and the jury, about your case and to exercise all possible Arizona DUI defenses allowed by Law.

In order to obtain the best outcome, you will need to hire an Arizona DUI attorney to fight your charges. James Novak of the Law Office of James Novak is an Arizona DUI Attorney. Don't Gamble with Your Future! Call Today (480) 413-1499!