Phoenix DUI Lawyer Blog

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

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

If you face Gilbert DUI charges, you need to hire a Gilbert criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Gilbert on a regular basis. Make sure your Arizona DUI Lawyer defending your Gilbert DUI is an experienced trial lawyer, who knows the laws, new or changing legislation, case law, breath and blood testing issues; and police and handling protocol; but most importantly, one who understands what defenses can be used to fight your Gilbert DUI charges and a conviction based on your set of DUI circumstances for which you were stopped and arrested.

Choosing a DUI lawyer to defend your Gilbert DUI charges is an extremely important decision. There are many Arizona DUI attorneys who may just go through the motions. You don't need any help getting yourself convicted, and you certainly don't want to pay for it. You need a good Arizona DUI attorney to fight your Gilbert 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 experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Gilbert Police are extremely aggressive when it comes to DUI arrests. The police are highly trained in drug and alcohol toxicology and cues for DUI stops and arrests. They
In addition to task forces, Gilbert has extra motorcycle DUI and traffic law enforcement teams out actively looking for those drunk driving in Gilbert Arizona. They want DUI arrests and the Gilbert Prosecutors what DUI convictions. Gilbert Police have a reputation for being tough on DUI driving, and known to even go outside their own jurisdiction of the Gilbert city limits to find them, and make Gilbert DUI arrests.

Gilbert DUI convictions carry tough punishments as allowed by Arizona DUI law. . Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Gilbert DUI conviction. Adverse impacts include loss of your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory jail time, and court ordered interlock device (at your expense) which requires you to prove you have not been drinking before your automobile will start.

The chances of getting your DUI dismissed, an acquittal, or any favorable verdict without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Gilbert are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need a strong criminal defense attorney or DUI lawyer who regularly defends DUI and criminal charges in Gilbert Arizona, to defend you and challenge the charges. A good DUI Attorney will build and mount a strong Gilbert DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.

A Gilbert 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 that must be examined and challenged include violations of your state or federal 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, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors examined and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Gilbert regularly. Hiring a private practice experienced Gilbert DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your 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 Gilbert Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Gilbert Felony DUI Attorney Who Fights Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses that can be used to defend Gilbert DUI Felonies".

If you face Gilbert Felony DUI, you will need to contact an Attorney to be experienced in defending Gilbert DUI charges. Felony DUI charges are very serious, especially in Arizona. Gilbert Police and Prosecution are extremely aggressive and they want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Gilbert Felony DUI convictions have higher penalties, increased incarceration than those of Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Gilbert can include up to 4 months or more in prison, in addition to other punishments such as fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, probation and other penalties the court deems necessary.

Your Best Offense against a Felony DUI Conviction is to hire a good DUI Attorney is well versed at the defenses that can be used to defend your Gilbert DUI Felony. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build successful defense against the prosecution in Gilbert for your Felony DUI charges. With a good Gilbert DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence against you. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a felony DUI depending on each defendant's set of circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© Book, written by successful and proven DUI Defense Attorney, Arizona DUI defenses Author, James Novak. Abridged versions of many his Arizona winning defense strategies can be downloaded free of charge to the public. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you. The free abridged versions of the book can be downloaded by simply visiting www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually use them to challenge evidence and charges. A good Gilbert DUI Lawyer knows exactly what to do through the legal channels and protocol of the Gilbert Courts. Many people make the mistake of trying to represent them selves without hiring an attorney. This is very dangerous. You may be innocently trying to tell your side of the story, when in fact you are incriminating yourself further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Gilbert Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you. You have heard the old saying: "Only a fool represents himself". Note: This applies to Attorneys too. The best of attorneys will hire the best attorney they can find to defend them, if they have criminal or DUI charges too. It can happen to anyone, no matter who you are or what you do for a living. You won't find a neurosurgeon doing their own cerebral brain surgery either. (While that's a little far fetched, you get the point.)

Below are examples of just defenses categories that can often be targeted by your DUI Attorney that can be used to pursue dismissal of your charges, reduction in sentencing or suppression of evidence:

• "Reasonable Suspicion" is required for a traffic stop, by police
• "Probable cause" is required to arrest someone for DUI. This is a higher standard than "Reasonable Suspicion" to stop
• Validity or reliability of the field sobriety tests can be challenged.
• A police officer's credentials, certifications or competence can be challenged.
• Evidence the prosecution wants to use against you may have been mishandled during obtaining the evidence, handling by a third party, storage, or transport.
• Margins of differences exist in breath results or blood testing if they are too far apart.
• Too much time went by before the preliminary breath test, and official breath test was conducted.
• The environmental or landscaping conditions were not up to the official standards and guidelines to conduct field sobriety tests (large snow drifts, high winds, non-level ground, interferences, problems with lighting required with some field sobriety tests.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Out dated or not properly stored drug kits were used such as kits that may have been stored in police car trunks subject to extreme Arizona summer heat.
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Gilbert Felony DUI or Aggravated DUI conviction. You must have a strong Gilbert criminal defense or Gilbert DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you. . With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

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

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How Good DUI Lawyers Fight Gilbert DUI Charges

If you face Gilbert DUI charges, you will need an experienced DUI attorney or Criminal Defense Attorney who defends cases on a regular basis in Gilbert Arizona. In addition, there are things you can do in conjunction with the guidance of your Gilbert criminal attorney, to help get your case dismissed, reduce the charges, suppress evidence, or otherwise get the best possible outcome in your case.

Here are just a few abridged excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Gilbert 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 Gilbert, 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 Gilbert DUI charge. You will need a Gilbert DUI Lawyer well versed in all such matters surrounding Gilbert DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Gilbert DUI Law. Gilbert 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 constantly changing and radical Gilbert 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 Gilbert DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Gilbert DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Gilbert 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 Gilbert 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 Gilbert. 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 Mesa 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?

Medications and Physical Limitations: Include a description of any medications you were on. Indicate name, and dosage. Include for what reason were you were taking them (recreational or otherwise). If medical or dental, indicate the physical or mental conditions for which they were being taken. Your condition(s) may have impaired your ability to perform the field sobriety tests or could be a reason for the officers improper conclusion that your had been driving impaired. Also, get and preserve your medications scripts from your doctor and keep the original pill containers.

Contact the Arizona MVD If You Want a Hearing: In most cases the Gilbert 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 the Key: One of the questions you should ask when looking for DUI legal representation is "With whom will I be communicating with on a regular basis?" The Mesa 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 Gilbert DUI lawyer.

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

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Gilbert DUI Attorneys

There are many defenses and challenges that an experienced Gilbert Arizona DUI attorney can consider depending on the facts of your Gilbert DUI case. The specific defense may allow for a Motion to Dismiss or a Motion to suppress certain Evidence. Also, a presentation to the prosecutor may allow for a negotiated dismissal or reduction of the charges. The following is a list of categories of defenses taken from 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 ..."

Penalties and sentencing for Gilbert DUI convictions fall under the Arizona Criminal Laws and Statutes. The laws and penalties for a Gilbert DUI conviction are severe. But with a good DUI attorney who defends Gilbert DUI charges on a regular basis, you have the chance of possibly getting your charges dismissed or reduced. Your DUI attorney will defend your Gilbert DUI charges by gathering and examining all the evidence; determining which defenses will be best used to fight your DUI; and challenging the prosecutor's case based on these defenses and the circumstances surrounding your charges. The best Gilbert DUI Attorneys know which defenses to use and how to use them in an attempt to get your charges dismissed or otherwise reduced and get the best outcome in your case.

Why you need a Gilbert AZ DUI Attorney if you have been charged with a DUI in Gilbert, Arizona

In 2009, the City of Gilbert stopped well over 30,000 drivers for suspicion of Gilbert DUI charges either at scheduled Holiday Gilbert Arizona DUI Sobriety Checkpoints, DUI Task Forces, DUI Road Blocks, or DUI Independent stops. There were 2,221 Gilbert DUI arrests which resulted from these DUI stops. Many of those however, were not convicted of the DUI or Drug DUI for which they were charged. Many hired private DUI Attorneys who practiced in Gilbert Arizona to defend their Gilbert Arizona DUI case, and were able to get their case dismissed or significantly reduced charges and penalties due to a violation of constitutional rights, not enough alcohol or drugs in their system, or other defense mechanism that was used by an experienced Gilbert DUI Attorney. If you have been charged or arrested for a DUI in Gilbert Arizona, you should consult a Gilbert, Arizona DUI defense attorney as soon as possible. Your chances of getting a dismissal or reduction in charges after getting a DUI or Drug DUI in Gilbert Arizona, without the help of Gilbert AZ DUI lawyer, are slim to none. Gilbert Arizona is extremely tough on DUI charges and DUI penalties. You will need a strong defense, one that a good Gilbert AZ DUI lawyer can provide. In Gilbert, Arizona you are will be subject to the strict DUI laws and punishments of the State of Arizona DUI laws. Many stops are for Misdemeanors, which are more basic DUI charges. However, even a Gilbert Misdemeanor DUI penalty includes incarceration in jail, fines, fees, and other adverse consequences.

One of the Gilbert Traffic Unit's major priorities is DUI enforcement. Through grants, the Governor's Office of Highway Safety has provided the Traffic Unit with a Gilbert DUI enforcement van, an unmarked enforcement vehicle to combat aggressive driving, Chevrolet utility truck to store and transport reconstruction equipment, window tint meters, laser guns, preliminary breath testing devices, and overtime funds for neighborhood traffic enforcement, occupant protection enforcement, DUI enforcement and funds to certify officers in phlebotomy for DUI processing. They currently have currently have a day and night time DUI team totaling 10 motorcycle officers, three collision investigators, two sergeants and a lieutenant. Many motorcycle officers have additional training and are certified in Drug Recognition which includes additional training for dealing with persons impaired by drugs or alcohol and Phlebotomy - training with taking blood samples for DUI evidence and DNA testing. (cited in part from Gilbert Arizona website: gilbert.az.us/police/traffic.cfm)

Gilbert Arizona has a long standing reputation for being tough on DUI and Drug DUI charges. The city takes it very seriously. Gilbert DUI laws are strict and punishments harsh. It is dangerous to try to defend your Gilbert AZ DUI charges without an Attorney. If you are stopped and charged you should hire a Gilbert AZ DUI Lawyer who defends all kinds of DUI and Drug DUI charges regularly for Gilbert Arizona DUI arrests. Make sure your Gilbert DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Gilbert DUI or Drug DUI Charges. Hiring such a good private Gilbert, Arizona DUI lawyer or not, can make the difference between a conviction or a dismissal, or a bad outcome and a great outcome. The sooner you make this decision, the easier it will be for your Gilbert Arizona DUI Defense Attorney to build and mount a defense on your behalf against the Gilbert DUI Prosecution.

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How a Gilbert DUI Lawyer Can Help You Beat Your Gilbert DUI

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

http://www.arizonacriminaldefenselawyer.com/

Gilbert Arizona has some the toughest DUI task forces and DUI laws in the country. If you have been charged with a Gilbert DUI, you should hire a DUI Defense Attorney who is defends clients regularly in the Gilbert DUI Courts. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. Make sure they are extremely familiar with Gilbert DUI Laws, Gilbert court system, Gilbert prosecution, Gilbert judges, and most importantly what DUI Defenses can be used to beat a DUI case.

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a Gilbert DUI Lawyer may use:

NON-STANDARDIZED FIELD TESTS ARE INVALID
Did the police request that you do testing that is not recognized as standard and valid?
The Federal Government (NHTSA), Medical Science, or any DUI Testing Governing authorities, do not consider touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

TEST LOCATION & LANDSCAPE
Were the Field Sobriety Tests (FST) given on a flat surface away from the rush of passing traffic?
If the FST was conducted on a slope, uneven surface, on rocky or unusual terrain, or in the presence of heavy traffic; or if you were wearing constricting shoes or high heels; there is a good chance to argue that the FST had been improperly given due to the landscaping conditions or your restrictive apparel and results can not be relied on.

FAILURE TO DETERMINE IF THE ACCUSED IS AN APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES
Did the Police properly screen you for criteria that would determine if you were
eligible according to the set guidelines to participate in the tests?
If the defendant is 50 or more pounds overweight, over 60 years old, or has physical impairments that affect their ability to balance, he or she is not an appropriate candidate for these exercises. The NHTSA manual explicitly states that anyone falling in these categories should not even be given these tests.

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.

PORTABLE BREATH TEST INADMISSIBLE
Did the police charge you with a DUI based upon the results of a Portable Breath Test Unit?
Arizona does not allow the results of the Portable Breath Test (PBT) to be used against you as a form of admissible piece of evidence. The PBT is not maintained or calibrated and not considered reliable evidence. It is generally intended for use as a preliminary test, used only in conjunction with other DUI tests or admissible breathalyzer unit testing. If your DUI charges were based strictly on the results of the portable breath test unit, the evidence can be suppressed with regard to those results.

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 alcohol concentrations. If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

POLICE BLOOD TEST INACCURATE
Was blood testing protocol and procedures followed to draw, test, analysis, and preservation followed?
Many times blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. Blood evidence can often be challenged, suppressed, in the event of any such deviation or violations of proper handling.

Your Gilbert DUI Attorney will pull from their arsenal of experience, and training to find the most effective defenses to help you get the best outcome in your Gilbert DUI case. In the least you should seek a free consultation from a Gilbert DUI Attorney. You have nothing to lose, and everything to gain.

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