Phoenix DUI Lawyer Blog

A Good Phoenix DUI Lawyer will challenge evidence at every turn to get your DUI charges Dismissed!

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

If you have been charged with a Phoenix DUI, you will need to consult a Phoenix criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Phoenix on a regular basis. Make sure your Arizona DUI Lawyer is well versed in defending Phoenix DUI cases, DUI litigation, knows the Arizona DUI law and constantly changing legislation, case law, breath and blood testing issues; and police and handling protocol. But the most important thing you need to know is will that Attorney take an active stance to defend your case, and do they understand all the different types of defenses that can be used to challenge evidence, fight a Phoenix DUI charges, and work
To get your case dismissed. Knowing what to do, and actively doing them are two separate issues entirely.

Choosing a DUI lawyer to defend your Phoenix 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 Phoenix 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.

Phoenix DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws in the Country. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. You have too much as stake not to hire a good DUI Attorney to represent you and fight your Phoenix DUI conviction. A DUI conviction can have life changing adverse impacts on 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 a person to prove they have not been drinking before the automobile's ignition will start.

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

A Phoenix DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no such thing as a "cookie cutter" DUI or Defense. Every situation should be evaluated on its on merits, circumstances, evidence or lack thereof. Some 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 evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Phoenix regularly. Hiring a private practice and experienced Phoenix DUI Attorney can mean the difference between getting a Phoenix DUI conviction or total dismissal of your Phoenix 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 Phoenix Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Penalties Require Jail in Arizona for DUI Convictions

"A Good Phoenix DUI Lawyer may be able to
reduce your jail or prison sentence or get your charges dismissed completely."

Phoenix DUI law is governed by Arizona State Law DUI conviction has mandatory jail or prison sentences depending on the severity, circumstances, and classification of the Phoenix DUI charges. Even if you have been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A DUI charge is just the beginning. A Good Phoenix DUI Lawyer may be able to reduce your jail or prison sentence or get your charges dismissed completely. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case to attempt to get your charges dismissed, reduced or the best possible outcome in your cased.

Important Note: Depending on the severity, circumstances and classification of the Phoenix DUI charges Phoenix DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any.

Often, it seems the first question many people who have been arrested for DUI want to know is "If convicted, will I go to jail or prison and for how long?" So the following is discusses the portion of the Arizona State Law that relates to incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same, for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Jail Sentencing Minimum Guidelines paraphrased from
A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison
.
The Phoenix Court and Prosecution will do nothing to make your life easier. If you choose to go unrepresented (not recommended), basically your side of the story will be for the most part disregarded. In fact, without DUI legal representation by a DUI Lawyer or Criminal Defense Attorney who defend DUI charges frequently in Phoenix Court, you may unknowingly be incriminating yourself further.

Your AZ DUI Attorney defending your in Phoenix Court for your DUI, will be familiar with protocol, Arizona law and changes in the law, case law that may effect you, and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Phoenix Prosecution. They will be your voice of legal defense through the proper legal channels, and do everything within their means to assure you don't have to do the jail time, and will protect your future and freedom.

If you have been arrested for any Phoenix Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Phoenix DUI, Phoenix 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 Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Phoenix Arizona DUI Arrest Drunk Driving Attorney " »

Phoenix Felony DUI Attorney Who Will Fight Your Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend a Felony DUI."

If you were arrested in Phoenix Arizona for a Felony DUI, do not underestimate the consequences of a conviction. Felony DUI charges are very serious. Arizona is extremely tough on Phoenix Felony DUI offenses also known as "Aggravated DUI charges". Felony DUI conviction will result in serious punishments with adverse affects on your life that will follow you for years into the future. It is extremely important for you to contact and hire DUI attorney who defends clients regularly in Phoenix Courts, with a proven track record of successful defense and litigation of Phoenix DUI charges.

Your best offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend Phoenix Felony DUI charges. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build and mount a successful defense against your Felony DUI charges. With a good Phoenix DUI Attorney, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. A dismissal of charges is not obtained by luck. It requires good legal representation by an experienced Maricopa County DUI Lawyer.

There are many defenses that can be used, and evidentiary issues that can be challenged under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense Attorney as well as prolific Arizona DUI defenses Author, James Novak. Abridged versions of all his Arizona Defense Books can be downloaded free of charge to the public. Law and your defenses, and your constitutional rights should not be kept a "secret". If charged with any DUI you should be informed. This free information can be downloaded at www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually challenge evidence and charges which is what a good Phoenix DUI Lawyer does on a regular basis. Many people make the mistake of going at it alone without good private practice DUI Attorney who defends DUI charges in Phoenix.

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:
• The Police Must have "Reasonable Suspicion" for a Traffic Stop
• The Police must have "Probable cause" to arrest for DUI which is a higher standard than a "Reasonable Suspicion" to stop
• Challenging the validity or reliability of the field sobriety tests conducted
• The police officer's credentials or certifications can be questioned regarding the officer's training and use of breathalyzer equipment or drug testing equipment.
• The evidence prosecution wishes to use against you was mishandled
• Margins of error are too wide in breath results or blood testing.
• Too much time went by before proper testing was done.
• The environmental conditions or landscaping were not appropriate or up to standard for which to conduct field sobriety tests.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search of your or your vehicle was or seizure was conducted
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Phoenix Felony DUI or Aggravated DUI conviction. You must have a strong Phoenix criminal defense or Phoenix 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.

Phoenix Felony DUI convictions have higher penalties, increased incarceration than that of a Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Phoenix can include up to 4 months or more in prison, along with other severe penalties, fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, and other penalties the court deems appropriate.

The punishments for any Arizona Felony DUI charge is so severe that some people just give to the prosecution, not realizing their DUI charges can be challenged. Most good Phoenix DUI Attorneys will provide a free consultation to provide you such insight regarding your case. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. 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 Phoenix 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 Phoenix DUI, Phoenix 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 Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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One Phoenix DUI Defense that Police Don't Want You to Know about...
"Retrograde Extrapolation"

Retrograde Extrapolation refers to the calculation of blood alcohol content (BAC) by estimating backwards from a later chemical test, in an attempt to determine what your
BAC level was at the time you were driving. Good Phoenix DUI Attorneys sometimes use this as a defense to present to the prosecution that you were not driving illegally, or impaired due to chemicals or alcohol at the time you were driving. Due to the existence of many variables, uncertainties, the complicated mathematical calculations, individual body absorption rates, and toxicology issues surrounding Retrograde Extrapolation, some states prohibit the DUI defense, or prosecution from using it.

The State of Arizona allows for admission Retrograde Extrapolation evidence, but only on a limited basis, meaning they must meet certain time restriction or other criteria in order to use it. Some of the best Phoenix DUI lawyers will still try use it in an appropriate case do defend you and challenge a DUI or Drug tests accuracy in order to suppress evidence or get your case dismissed. An argument can be made by your attorney that an unreasonable amount of time passed between when you were stopped for a Phoenix DUI and when you were tested for DUI or drugs. Therefore, causing the test to be inaccurate or invalid and not an accurate indicator of your impairment at the time you were driving.

A few factors that can result in delays from the time of the Phoenix DUI stop, and the time they were tested. Some common causes of delays include but are not limited to the following:

• You were suspected for Drug DUI, and it took an unreasonable amount of time to transport you to a facility, location, or arrange for qualified personnel to test you.

• A hit and run was involved, knowingly or unknowingly. You did or did not realize you hit someone at the time or you panicked and left the scene before the police arrived. Later, perhaps hours or day (s) you remembered or learned there was an injury involved; reported that you were the driver of the vehicle; and that you were driving under the influence of alcohol or drugs at the time.

• You had to be transported by ground or air ambulance to a hospital which took an unusually long time before you could be properly tested for qualified personnel.

• DUI involved a serious car accident which an unusual amount of time for the police to investigating the scene; a lengthy waiting or working around emergency crews; waiting for other police or traffic control officers to arrive before they had an opportunity to test you.

A good Phoenix Attorney may be able to get the evidence suppressed and case dismissed through the use of an expert, or by calculating the absorption level and elimination of alcohol from the body between the time you were driving and the time the tests were conducted. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. But this number is subject to fluctuations and many different factors for each individual. Generally the rate of your metabolism of drugs or alcohol can be effected by things such as bodyweight, body temperature, the type of drug or alcohol consumed, the amount, type and time of other food or fluids you may have consumed prior to the Phoenix DUI or Phoenix DUI with Drug stop by police.

Even though this defense has limits, it can still be a viable defense. An experienced Phoenix Arizona DUI Attorney may still challenge the breath or chemical testing to defend your case, and get your charges 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 Phoenix DUI, Phoenix, Phoenix 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 DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Phoenix DUI Attorney Defenses" »

Your chances of getting your Phoenix DUI dismissed increase significantly if your hire a good Phoenix DUI attorney or an Arizona Attorney who defends clients DUI charges frequently in Phoenix Arizona Courts. Here are some factors in the form of questions you should ask when looking for the best Phoenix DUI Attorney to defend your DUI charges. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book Series written by James Novak, Arizona DUI and Criminal Defense Attorney:

"What is Your Experience?

What background do you have that qualifies you to handle my case?

Have you ever been a prosecutor? If so, where, and for how long?

Who Will Be My Lawyer?

Will you be the lawyer who is actually handling my case?

Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?

Will you be switching lawyers on me?

Can I meet my assigned lawyer before I agree to hire your firm?

Will I be able to speak to you if I have a question or concern?

What is it going to Cost?

What training do you have with the issues involved in my case?

How many cases like mine have you handled?

How often do you handle this specific type of case?

How often do you deal with this particular prosecutor?

How often do you appear in this court?

How often do you appear before this particular Judge?

What is your current caseload?

How long should I expect to wait to hear back from you if I leave a message for you?"

No matter what you chose to do, remember if you face a Phoenix DUI or other Criminal Charge you are innocent until, and only if, you are proven guilty. Everyone makes mistakes. It's how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by consulting and retaining a good Phoenix DUI lawyer.

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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How good DUI lawyers beat DUI Charges!

If you have been charged with a Phoenix DUI, you should consult an experienced Phoenix AZ DUI attorney, or an Arizona DUI Attorney who defends DUI charges frequently in Phoenix, Arizona. You may be feeling helpless against the prosecution at this point. But there are things you can do, help get your case dismissed, charges reduced, evidence suppressed, or the otherwise best possible outcome in your case.

Here are just a five out of "24 things" from the third DUI Defense book from the Phoenix DUI Winning Defense Strategies Series by Author: James Novak, Phoenix 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 Phoenix DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are
difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know 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 Arizona 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. You need an assertive attorney who does not just sit back and hope for the best. First of all, the best will not happen, in that event. Second of all, if you wanted that, you would not need an attorney at all. It's too important a matter. There's too much at stake, and the process is too difficult to take on your own, or to let "a family attorney" or someone who is not extremely competent in defending DUIs to handle your case.

Write, Type, or Document in some form a Detailed Narrative of the Phoenix DUI Stop and arrest as You Recall It: Your Arizona DUI Defense will depend on these specific facts about your DUI. Regardless of if your DUI was a Felony or Misdemeanor the same should be done. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The earlier you write your narrative - the chances of you forgetting something will decrease. Our memories of details begin to fade over time. Humans have an unconscious ability to forget the pain of trauma, or extremely unpleasant events over time. So the sooner you can recall and document the events, the better. A good DUI attorney will tell you that it is crucial for you to document a true and self-honest account of what happened, however painful it may be to recall. Include everything leading up to the initial encounter with Arizona 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 Arizona. It is always best when discussing facts which could have adverse legal consequences that you maximize confidentiality when communicating with your DUI Attorney. Information is critical to build a case for your defense. The more you give your attorney to work with, the more information they will have to mount a strong defense. Details matter! Many cases have been dismissed based on what seemed to the defendant to be minor. Details that may not seem important to you may be just exactly what your Attorney needs to exercise a defense. Let your Attorney decide what is important or what may not be.

Contact the Arizona MVD If You Want a Hearing: In most cases the Phoenix Arizona 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 AZ 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 AZ MVD matter is a separate, more civil v. criminal 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).

Your Court Appearance: If you ignore or forget to appear or are late at your designated court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Judges and the prosecution frown upon this, and it is considered to be the utmost disrespect to them, their time, and their dockets. Tardiness for your court appearance sends a message to them that you are not taking the DUI charges seriously.The consequences of this could be quite unfavorable to your defense.

Communicate: If you have an attorney, you should get in the habit of staying in contact with him or her and keep the lines of communication open. That is there job as well. If you have hired an attorney, with whom you feel you can not communicate with, or do not have a professional comfort level with your case may be destined for failure. That should be a major factor to consider, if and when you decide to hire an attorney. In any event, contact them in the least prior to every court date. Make sure you coordinate the time and place to meet your attorney. You don't want any surprises. Remember, your Phoenix DUI Attorney works for you.

If you have been charged with any Phoenix DUI, Misdemeanor or Felony DUI, Repeat DUI, 3rd or 4th 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 Phoenix Drug DUI, a DUI in Phoenix and you are an out of state Resident, 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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PHOENIX DUI ATTORNEYS - Why you need an experienced Phoenix DUI Lawyer to Defend You

Arizona DUI laws are some of the toughest in the entire country, as are the DUI penalties. The chances of getting any type of favorable outcome on your DUI case, are drastically reduces without the legal representation of a private Arizona Criminal Defense DUI Attorney. You need an Arizona DUI defense attorney who defends AZ DUI and criminal charges exclusively. Even the most basic DUI "impaired to the slightest degree", first offense punishments are harsh. Extreme DUI, repeat offense DUI, and other aggravated felony DUI charges and penalties are life alternating. Penalties include incarceration in jail or prison, exorbitant fines, fees, court ordered interlock ignition devices to be put in your vehicle at your expense, and more.

By the time you get charged or arrested for DUI, the police have already made up their minds. Your plea to explain your side of the story is mute in the eyes of Arizona law. At that point, you need to exercise your constitutional right to remain silent. Otherwise, you are simply hurting your case further. You should remain calm, and do not resist arrest. If questioned further, following your Miranda Rights that have been read to you, advise respectfully, that you wish to remain silent, and request to consult or retain an Arizona DUI Attorney in your defense.

It's a cold hard fact, that at this point, you'll be put in the court system and your file will be 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. Arizona is serious about cracking down on DUI and Drug DUI. There is a lot to lose if you are convicted including your job, driver's license, family, finances, future and freedom. 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 are out for is to 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 your constitutional rights were violated in anyway. That is not their job. They are not going to try to find a way to defend you, make things any easier, or try to get your case dismissed. They prosecute and convict. If you are looking for the Judge to be in your corner, don't count on it. The Judge can 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 made a mistake, an error in judgment. You did not intend to break the law. You may not have even realized it, at the time. Do you deserve to have your entire life ruined? A good Arizona DUI defense attorney feels you deserve a second chance. And now it's time for you to let them do their job. You have a constitutional right to retain a DUI Attorney. Use it. By hiring the right Arizona defense attorney, you have everything to gain, and nothing to lose. In the eyes of the prosecution, you are already guilty, and could be subject to the maximum penalties. It makes their job much easier to get a maximum conviction without an Attorney. By hiring a good Arizona DUI Attorney, you regain control of your life, and your DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance.

Your Arizona DUI lawyer should be 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.

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"Just because you were charged with a Phoenix DUI doesn't mean you will be convicted"

Successful Defenses Used By Top Phoenix Attorneys to Beat DUI Charges

If you face Phoenix DUI charges you must read on: You already realize how serious the situation is, and how important it is to consult an experienced Phoenix DUI Attorney. But you want to know what they can do for you. The question rolls through your mind "How they can help me?" Phoenix DUI defenses should not be a secret. But be cautious...knowing about a defense and executing that defense through proper motions and the legal process are entirely two different things. Your Attorney will exercise your defenses, with the proper motions, at the proper time, through the proper legal channels with the court in an attempt to get your charges dismissed or evidence suppressed in your favor.

Top Phoenix DUI Lawyers use an arsenal of defenses available to them in accordance with the law and your constitutional rights. In addition, to helping you through the maze of the court and legal processes, a good Phoenix DUI defense attorney, who defends clients for Phoenix DUI charges on a regular basis, knows and understands how to use the laws and your state and federal constitutional rights to defend your case. Many times these defense strategies are successful. On a daily basis, they get cases dismissed, charges reduced and in the least, much better outcomes that defendant could possibly get on their own. Below are examples of two common Arizona DUI defenses:

ILLEGAL STOP OF PERSON OR VEHICLE
Did a police officer illegally stop you?
The United States Supreme Court has held that an officer must have a 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 Phoenix 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.

THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST
Was there probable cause to arrest you?
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 a Phoenix 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.

This is just a "tip of the iceberg" so to speak of the wealth of defenses a good Phoenix DUI Attorney can use to defend your case depending on the unique circumstances of your case. Hiring a private Phoenix DUI Attorney or an attorney who defends their client's cases in the Phoenix DUI courts can make the difference between a dismissal of your case, or getting a conviction with the maximum penalties under the Arizona Law which are severe. Just because you were charged with a Phoenix DUI doesn't mean you will be convicted. With the right Phoenix DUI defense attorney, the charge is only the beginning. You simply need to want to fight your charges and win, and chose a good attorney to defend your case. Choosing the best Arizona DUI attorney for you is one of the most important decisions you will ever make.

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Why you need a Phoenix Arizona DUI Attorney

Phoenix, Arizona DUI laws are some of the toughest in the entire country, as are the Phoenix DUI penalties. The chances of getting a favorable outcome for your Phoenix DUI charges are slim to none, without the legal representation of a private Phoenix Criminal Defense DUI Attorney. You need Phoenix DUI defense attorney who defends Arizona DUI and criminal charges exclusively. Even the most basic Phoenix DUI "impaired to the slightest degree", first offense punishments are harsh. Phoenix Extreme DUI, Phoenix repeat offense DUI, and other Phoenix aggravated felony DUI, and drug DUI charges and penalties are life alternating. Phoenix Arizona DUI Penalties include incarceration in jail or prison, exorbitant fines, fees, court ordered interlock ignition devices to be put in your vehicle at your expense, and more.

By the time you get charged or arrested for a Phoenix DUI, the police have already made up their minds. Your plea to "explain your side of the story" is mute in the eyes of Arizona law, and Phoenix prosecution. At that point, you need to exercise your constitutional right to remain silent. Otherwise, you are simply hurting your case further. You should remain calm, and do not resist arrest. If questioned further, following your Miranda Rights being read to you, advise respectfully, that you wish to remain silent, and request to speak with your Phoenix DUI Attorney.

At this point, your file will be attached a court reference number, and a mug shot. And that is all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? It's a fact. Phoenix Arizona is serious about cracking down on DUI and Drug DUI. There is a lot to lose if you are convicted including your job, driver's license, family, finances, future and freedom. 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 to a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not examine details of your case, evaluate it to determine if the charges are justified, or to determine if your constitutional rights were violated in anyway. That is not their job. They are not going to try to find a way to defend you, find flaws in their case, or make things any easier. And they certainly will not try to get your case dismissed. They prosecute and convict. If you are looking for the Judge to be in your corner, don't count on it. The Judge can 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 Phoenix Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. 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 experienced Phoenix Criminal and DUI Defense Attorney to build a strong defense for your case.

You made a mistake, an error in judgment. You did not intend to break the law. You may not have even realized it, at the time. Do you deserve to have your entire life ruined? A good Phoenix DUI defense attorney feels you deserve a second chance. And now it's time for you to let them do their job. You have a constitutional right to retain a Phoenix DUI Attorney. Use it. Retain an experienced Phoenix Arizona Defense Lawyer. You have everything to gain, and nothing to lose. In the eyes of the prosecution, you are already guilty, and could be subject to the maximum penalties. It makes their job much easier to get a maximum conviction without an Attorney. By hiring a good Phoenix DUI Attorney, you regain control of your life, and your Phoenix DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance. Your Phoenix DUI lawyer should be 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.

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