"You have the right to a DUI defense, no matter what circumstances led to your Tempe DUI arrest: Your chances of getting your DUI charges dismissed increase drastically when you are being defended by a good Tempe DUI lawyer."

Tempe DUI Charges
If you were arrested by a Tempe DUI Task Force on DUI - DWI charges, you should consult a Tempe DUI lawyer to defend your charges as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all types DUI charges, if convicted carry jail sentencing, and other harsh penalties. Most experienced DUI Lawyers and criminal defense attorneys in Tempe AZ will provide you with a Free Consultation to discuss your charges and potential defense.

Tempe DUI Task Force- DUI Charges
Tempe DUI Sobriety Checkpoints are set up at pre-determined locations, decided by Tempe city and law enforcement agencies. Generally they are set up around holidays or events that draw high vehicle traffic volumes. Tempe is just one of a majority of cities who participate in staging DUI Sobriety Checkpoints (sometimes referred to as DUI roadblocks or DUI safety checks.) Arizona Sobriety Checkpoints rules apply according to Arizona laws, Constitution and the National Highway Traffic and Safety Administration (NHTSA) guidelines:

Differences between a Tempe DUI Stop and DUI Task Force Stop
The main difference between a DUI stop and a Sobriety DUI Checkpoint stop is the nature of the stop itself and the circumstances leading up to that stop. DUI Task Force stops are DUI Road Blocks that are set up in a particular location decided in advance. The primary purpose of them is to "catch" persons driving drunk, or driving impaired due to alcohol, drugs or other toxic substances. The vehicles stopped at a Task Force are decided in advance by means of mathematical formula or simple numeric pattern. For example, they may decide to stop every other vehicle or every vehicle. In a DUI Task Force situation, police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason to stop the vehicle to request license and registration from the driver, other than the stop was made because the vehicle fell within the pre-determined number car driving through the road block.

This is different from a situation where the police pull a driver over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred to stop or detain a vehicle for further investigation, in order to get a conviction.

With regard to consequences, there is no difference in penalties resulting for a DUI task force stop and any other Tempe DUI, DWI or Drunk Driving Conviction.

Tempe DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. However, your chances of getting your DUI dismissed will increase drastically if you retain a good Tempe DUI lawyer to defend you. Arizona DUI laws and charges are complex, and have many factors to be considered. Each is unique. The criminal court system can be a maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on your case, Arizona DUI laws, and possessing a vast amount of trial and litigation experience in defending DUI charges. Experienced DUI lawyers deal with it and defend cases on a regular basis. They will guide you through the stages of the criminal court case as well as dealing with the Arizona motor vehicle hearing. The best Tempe DUI lawyers conduct their own investigation of the facts, including those events that lead to your DUI arrest. They will determine, tailor and build a defense case that will be the most effective based on your set of circumstances and present compelling arguments on your behalf. Top DUI lawyers in Tempe will make every effort to get your charges dismissed; reduced; and obtained the best possible outcome in your case.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

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Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499

5 facts you need to know about your Tempe Drunk Driving Charges!

The best advise a Tempe drunk driving lawyer can give you...

1 Drunk Driving charges in Arizona are serious. Due to strict AZ DUI Laws, a drunk driving conviction exposes you to severe penalties including jail or prison time. If you choose not to go unrepresented by a private practice Arizona criminal defense lawyer, you will likely be convicted. The best chance you have of getting your DUI dismissed is to retain a private practice Arizona criminal defense Lawyer or AZ DUI Defense Attorney.

2 The Tempe or Maricopa County Prosecutor is not your friend. After a Drunk driving arrest in Tempe, charges or the complaint, are escalated to the Maricopa County Prosecutor for criminal processing. If your paths cross with the Prosecutor, the may appear to be professional and friendly. But don't let your guard down. You must keep in mind, they have an important job to do---and that is to convict you of a Tempe DUI. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Tempe drunk driving charges. You have the right to remain silent. Use that valuable right. Otherwise, you may be surprised at what kind of self incriminating statements the prosecutor can and will be used against you. Simply and respectfully acknowledge your right to remain silent, until you are accompanied by or consult your AZ DUI attorney.

3 Appear and be on time to all scheduled court dates for your Tempe
AZ drunk driving charges. If you miss your court date or are late the Judge
may issue an arrest warrant for your "failure to appear". The only time you would need to appear your scheduled court date is if you have retained a private practice Arizona DUI lawyer, or the Maricopa County Judge instructs you otherwise.

4 When charged with a Tempe DUI, you will need to deal with two separate entities. First, is the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal Court for the criminal matter, the AZ DUI.

5 If you hire a good Tempe drunk driving lawyer, the will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. This is important, because doing nothing, or waiting until the last minute gives the prosecution the advantage of having a case built against you, with no shield of defense. Also, you may be missing valuable negotiating opportunities through the proper legal channels. Also, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. If you decide not to hire a private practice Tempe DUI attorney, you will be held to the same standard of the court as if you were represented by a DUI Attorney. You don't get any breaks by the court. You will be treated as if you are, or have hired a Tempe DUI defense attorney. This includes complying with procedures protocol; attending all conferences and court appearances' meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed every day do to the police or prosecution violating Court or their own policies. Dismissals may be granted due weak or faulty evidence by the prosecution, dui blood test procedures and retesting results, a faulty breathalyzer test, violations of your rights, finding evidence in your favor to challenge the prosecution, and a host of other reasons. An experienced Tempe DUI Attorney, will be prepared to try to get your DUI charges dismissed by tailoring, building, and presenting solid and compelling defense on your behalf.

Continue reading "What you must know if you have been arrested for Drunk Driving" »

"The best criminal attorneys in Arizona will tell you, there are some charges you can defend on your own; but a Felony DUI is not one of them."

Felony DUI Arrest Tempe AZ - Why You Need Felony DUI Defense
If you were arrested for a Felony DUI in Tempe Arizona you face very serious charges. So serious, that even experienced Arizona DUI lawyers in the valley would hire the best private criminal defense attorney or DUI trial lawyer they could find in Maricopa County to defend their felony DUI charges. This is not a reflection on that DUI attorney's or anyone else's legal qualifications; aptitude or ability to challenge evidence or criminal charges; or whether or not they are a criminal defense attorney or have a different occupation entirely. It's not even a matter of knowing how to defend their own Felony DUI charges; but rather, good DUI lawyers know it is best for their defense if they don't represent themselves---Simple as that.

You have heard the adage, "A lawyer who represents themselves has a fool for a client"- Abraham Lincoln or someone else...your choice. Most criminal attorneys agree with the prudence and rationale behind the adage. There are many reasons why an Arizona Criminal Defense or DUI lawyer would hire the best DUI lawyer or private criminal lawyer in Maricopa County they knew (the "best", being second to themselves, of course) to defend their Arizona felony DUI charges. However, to get into all of the reasons-- would take us well beyond the scope of this article. The point is you need to retain a good private practice Tempe Criminal Defense Firm or DUI lawyer in Arizona to defend your Felony DUI charges. This is true only if you wish to have any real chance at getting a dismissal, acquittal, or any other favorable outcome in your Felony DUI case.

Felony DUI Penalties List | Aggravated DUI Penalties Arizona
Aggravated DUI, also known as Felony DUI charges carry mandatory minimum and maximum sentencing ranges. This means that if you are convicted, the judge has the authority to order a sentence within that range. It may be lenient or harsh, depending on the circumstances and discretion of the judge. If convicted of aggravated DUI or felony DUI you will be exposed to prison time that ranges from 4 months to 2 ½ years. The seriousness of the penalty will be determined based on the Classification of felony for which you were convicted. The Classification for felonies range from Class one to Class six, with Class 1 being the most severe.

Here is list of potential Penalties that may apply for Felony DUI:
• Jail - 1 day to 1 year;
• Prison - 4 months to 2 ½ years;
• Driver License Revoked - 3 years;
• Ignition Interlock Device at the defendant's expense
• Monetary fines upwards to $150,000 + 80% surcharges;
• Drug/Alcohol Drug/Alcohol Screening, Counseling, Treatment & Costs;
• Probation;
• Criminal Record - Felony Conviction
Depending on the circumstances surrounding the felony DUI charges, the judge has the discretion to also order additional costs, fees, medical bills or other restitution.

LAW OFFICE OF JAMES NOVAK
DUI & Criminal Defense Lawyer
(Former Prosecutor)
Free Consultation!
(480) 413-1499

Continue reading "Why you should never attempt to represent yourself for DUI or criminal charges" »

Ways to fight your Tempe DUI Charges

If you have been arrested for a DUI in Tempe AZ, you have the right to challenge the charges. You will need to hire a good criminal defense or DUI attorney who defends DUI charges in Tempe Arizona frequently.

Good Tempe DUI attorney will know which defenses to use based on your individual set of facts that surround your arrest. There is not just one path or reason to get DUI charges in Tempe AZ dismissed or to get a "not guilty" verdict. There are many defense strategies that can be used. Each individual's DUI circumstances are different. Different defense strategies will be formulated by your Tempe DUI defense attorney based on those facts and evidence. Here are just a few defense avenues that some of the best Tempe DUI lawyers may take to fight your Tempe DUI charges:

• Arguing the reason you were stopped for DUI by the police;
• Questioning police observations of the defendant at the time of the stop or arrest;
• Challenging elements surrounding results of Field Sobriety tests;
• Determining if Police violated their procedures and protocol;
• Challenging results of Breath, Blood or Urine tests;
• Presenting exculpatory evidence (evidence in your favor). For example providing objective third party eye witness testimony which contradicts the police report of events led to the arrest;
• Determining if your Constitutional Rights were violated before, during or after your arrest.

In summary, you can fight a Tempe DUI by hiring a good Tempe DUI lawyer.
They will gather, and examine all the evidence and decide what defense strategy will likely lead to getting your charges dismissed or reduced, and the otherwise best possible outcome in your case.

Continue reading "7 Common Defenses for DUI charges" »

"You have the right to hire a Tempe criminal lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Tempe DUI Dismissed."

The Importance of Hiring a Tempe AZ DUI or Criminal Lawyer Early
You have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. However, the best Tempe DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Tempe charges, the greater are your chances of getting your Tempe DUI or criminal charges dismissed. Early retention of a Tempe AZ DUI or criminal defense lawyer is a one of the most important keys to a favorable outcome. This allows your Tempe DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some stages in the DUI case processes, a good number of Tempe criminal lawyers or Tempe DUI attorneys will not accept your case. If you contact a private practice defense lawyer during mid or later stages of your case, they may not accept it due to their time demands or feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties at a later point in the process. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unknowingly waived Rights you had to utilize certain defenses or processes that could led to a dismissal of your charges.

• Following your initial consultation, a private practice Tempe DUI or criminal defense lawyer, they decide not to accept your case, because they feel their involvement will not likely change the outcome at that point.

• Many Tempe DUI lawyers, Tempe criminal lawyers, and Tempe defense firms regulate their case loads. They may feel that any attempts they make at this point to provide an effective defense would be labor intensive and time consuming to the point that it would jeopardize the time needed to defend their other clients they accepted. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case has been set for trial is in the middle of trial; or the trial is over and things are not going well or your have been convicted of the charges and given harsh penalties. Unless it is a formal appeal and the defense attorney handles cases in appeals court, they may turn the case away. Don't fret however; there are trial lawyers in Tempe AZ who will in fact accept the offer to represent you for the trial services late phase pre-trial services, post conviction services or represent you for an appeal. It may just mean o looking a little further, or making a few more contacts to find them.

When you hire a Tempe criminal defense lawyer or Tempe DUI Attorney, you are the employer and the defense attorney works for you. However, Tempe DUI lawyer or criminal defense attorney also has the right to accept or deny taking your case.
So if you prudently choose to hire a private practice Tempe DUI Lawyer or criminal attorney, you will most likely have a vast amount of defense Attorneys to choose from. You will be able to easily find good legal representation at an affordable price, without looking too far. And most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Defense for DUI Charges is critical: Find out why you need experienced criminal defense representation for your DUI / DWI charges." »

If you were charged with a Tempe AZ DUI that does not mean you will automatically be convicted. You are innocent until proven guilty, you have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.

The penalties for conviction of a Tempe DUI (driving under the influence) or Tempe DWI (driving while intoxicated) conviction depend primarily on the type of DUI for which you were charged. Also, whether or not you have a prior DUI or other criminal record has an impact on sentencing. If you face DUI charges in Tempe AZ you should consult a Tempe AZ DUI Lawyer or Criminal Lawyer in Tempe AZ who defends DUI charges in Tempe AZ on a regular basis. When you consult them, be sure to let them know the type of DUI you were charged with, and any prior Criminal or DUI conviction history, so they can help you further.

Overview -Types of Tempe DUI or Tempe DWI Charges
1) Impaired to the Slightest Degree or BAC above .080 (first offense)
2) Impaired to the Slightest Degree or BAC above .080 (second offense)
3) Extreme DUI BAC .150 -.199 (first offense)
4) Extreme DUI BAC .150 -.199 (second offense)
5) Super Extreme DUI BAC .200 or higher (first offense)
6) Super Extreme DUI BAC .200 or higher (second offense)
7) Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
8) Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other Criminal history
Any Tempe AZ DUI or Tempe AZ DWI is serious. All DUI convictions include mandatory jail sentences as well as other penalties. A DUI in Tempe AZ with "priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Tempe AZ DUI Penalties
Tempe DUI penalties are governed by the State DUI laws of Arizona. The penalties can be found comprehensively described by visiting "azleg.gov/ArizonaRevisedStatutes." Below are penalties for described types of DUI charges cited in part as follows?
"Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Any Tempe DUI conviction will expose you to the following penalties:
• Incarceration in Jail
• Fines, Fees, Costs,
• Mandatory Ignition Interlock Device installed in your automobile at your expense for a court ordered amount of time,
• Alcohol or drug screening and mandatory participation in counseling, or treatment program.

A Tempe AZ felony DUI also known as "aggravated DUI" conviction carries much more severe penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Tempe DUI Lawyers and Tempe AZ DUI Defense
Arizona has some of the toughest DUI laws and penalties in the country if you are convicted. If you were arrested for a Tempe DUI, does not automatically mean you will be convicted. You have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.
If you wish to have any chance of getting your Tempe DUI dismissed, it is necessary for you to hire an experienced Tempe AZ DUI Lawyer who often defends DUI and criminal charge in Tempe Court. A DUI lawyer in Tempe AZ will defend you through every phase of the Arizona criminal justice process. They will be familiar with the Tempe Court protocol, requirements. judges, prosecution, and defenses that can be used to fight to get your charges dismissed. They will build and present compelling legal arguments in your defense. Hiring the best AZ DUI lawyer that you can will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

Continue reading "Arizona DUI Laws: Types and Classifications of DUI - DWI charges" »

Tempe AZ criminal defense | Tempe AZ DUI Lawyer

One factor in getting a successful outcome in your case is early retention of a private practice Tempe criminal defense or Tempe DUI defense lawyer.

After a DUI arrest in Tempe Arizona you will have your Initial Appearance before the Tempe Court within the next 48 hours. It is important that you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in Tempe AZ on a regular basis, before that time or as soon as possible.
Initial Appearance in Tempe AZ Court

Your initial appearance is the first phase through the Tempe AZ criminal justice system. You will appear before the judge in the Tempe court if that is where you were arrested following your DUI stop. There, the following will take place:
1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

Helpful Defense Tips Following Your Initial Appearance in Tempe Court
• Do not discuss your case with anyone accept your own criminal defense Attorney
• Do not discuss your case with any police officer or investigator, no matter how polite or courteous they may seem. Simply let them know you are being represented by a defense attorney, and advise them to contact your attorney. Any statement you make to them can damage your defense and be used against you.
• Do not discuss your case with family or friends by phone, or in person. Anything you say even to family members, friends, or acquaintances can be used against you in court. And those persons can be subpoenaed to appear in court to testify against you.
• Keep Your Attorney's contact information with you or available to you at all times.
• Follow the instructions your Tempe criminal defense attorney or Tempe DUI lawyer gives you and provide all documentation they are requesting from you. This is what they are trained and have experience doing every day. Their goal should be to provide you the most effective defense possible in order to get you the best outcome.
• Your chances of getting your DUI or criminal charges dismissed, sentencing reduced, evidence suppressed or other favorable outcome, significantly increase when you hire a private criminal defense or DUI lawyer who defends charges in Tempe AZ. One thing most Good Criminal Attorneys in Tempe agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.
• Before you make your decision, find out as much as you can about that attorney. For more articles and useful formation on how to hire an attorney visit http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=how+to+hire+the+best+attorney+Tempe&IncludeBlogs=401&search=

Continue reading "What happens at the Initial Court Appearance for DUI or Criminal Charges" »

How Good DUI Attorneys in Tempe AZ Build Winning Defense Cases

A good Tempe AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Tempe AZ for DUI or other criminal charges, you face the strict and harsh Arizona State Laws. You should consult a private practice Tempe DUI or criminal defense attorney who defends criminal charges in Tempe Court as soon as possible. Most DUI criminal and DUI attorneys provide free consultations, to discuss your charges, range of sentencing and your defense options.

Once retained, your Tempe DUI or criminal defense attorney in Tempe will guide you through every phase of the Tempe criminal justice system. Often you will wonder what they are doing to help you. Your Tempe DUI lawyer should answer any questions you have regarding their efforts. Here is a glimpse of some things a good Tempe DUI defense or Criminal defense attorney will be doing to build and mount a winning defense for your Criminal or DUI charges in Mesa AZ:

• Gathering and examining evidence; and looking for evidence in that can be used in your favor;
• Obtaining independent experts, or having evidence samples such as blood tests that were taken initially the led to your arrest;
• Reviewing evidence and determining if an independent expert should review and provide written opinions or testify on technical aspects of evidence or findings;
• Reviewing and examining police reports, the complaint, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution will attempt to use against you;
• Finding witnesses to interview or depose such as detectives or the police officer who arrested you;
• Finding and interviewing witnesses who may be willing to testify on your behalf for issues such as their observations about your sobriety if they were passengers in the vehicle, or other witnesses of traffic infractions that triggered the police to stop you for a DU;
• Based on the evidence (or lack of it) determine the best defense strategies that can be used to build your defense case;
• Filing Motions and their deadlines trough the Tempe Court and Criminal Justice System.
• Mounting your defense case against the Arizona prosecution. A good Tempe AZ DUI Lawyer will recognize and act swiftly to use opportunities through the criminal justice system to get evidence suppressed, reduction in charges, modify sentencing in your favor, get some or all charges in your case dismissed.
• Participating in court hearings, and pre-trial conferences;
• Preparation compelling arguments for trial, conferences and the filing of motions;
• Working with you, the prosecution, and Tempe Court to obtain mutually agreeable plea agreement or other more favorable resolution to avoid a criminal or DUI conviction and harsh sentencing that can result from trial outcomes.

When selecting a Tempe DUI Attorney, you should consider whether or not that Tempe DUI lawyer or criminal defense attorney is qualified and in a position to devote the time and efforts needed to work your case towards obtaining the best outcome for you. They should also have good credentials and a significant amount of litigation experience. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading "DUI - DWI Charges: Why hiring a good criminal lawyer is crucial in defending your charges" »

10 things experienced DUI lawyers may advise you to do after a DUI Arrest in Tempe that may increase your chances of getting a good outcome.

1) Consult a Tempe AZ DUI attorney. The chances of getting a dismissal of your DUI, charges a reduction in charges, or other favorable outcome increase substantially with legal representation by a private DUI Lawyer or criminal defense attorney.

2) Remain silent. By remaining silent you will help you avoid incriminating comments that will damage your defense case. If questions continue, from Tempe AZ police, or prosecution, politely say you wish to remain silent until your attorney is present. Unjust denial of your request is a violation of your rights and can lead to suppression of evidence or dismissal of your Tempe DUI charges.

3) Write a narrative. Document as much information as you can as can remember. Include events before, during, and after the arrest; discussions, questions and answers; food, drink or medication consumed; and names of witnesses or passengers that may be willing to testify on your behalf. Details that seem irrelevant to you may actually be something an experienced DUI attorney considers material to your defense.

4) Repair any vehicle problems that may have resulted in the DUI stop. This includes burnt out head or tail lights, turn signals, or whatever triggered the Tempe police to pull you over.

5) Get proper insurance and registration. If you were cited for failure to possess proper insurance or registration, get it. If you already had but were unable to provide proof of provide a copy of it to your Tempe DUI attorney, and keep the original for the court.

6) Resolve Unpaid Fines or Tickets. The court will review your past driving or criminal history for neglect any other prior driving violations, or criminal convictions. If so, this may have an adverse impact on your sentencing.

7) Photograph the location of the DUI stop. A good DUI attorney will be able to recognize if there is anything in the photos, or lack of certain things, that police relied on to stop or arrest you that can result in cause to challenge facts or evidence.

8). Request a Motor Vehicle Hearing: If your driver's license was taken you must request a MVD hearing within 15 days or date otherwise set by the Motor Vehicle Department. Be sure to discuss your options first with your DUI attorney. There are consequences of requesting the hearing that differ from stipulating to a suspension.

9) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, your appearance is mandatory. If you fail to appear to the arraignment a warrant will be issued for your arrest. If you have retained a DUI lawyer, they will advise you of whether or not you will need to attend. In many cases your attorney can get have the arraignment vacated or can appear on your behalf.

10) Be on time for all court appearances you are required to attend. If you are late, this is considered ill regard and disrespect to the court and the seriousness of your DUI charges.

For more information about winning criminal and DUI defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Tempe DUI Defense Attorney.

Continue reading "10 THINGS YOU SHOULD DO AFTER A DUI ARREST" »

Why You Should Consult a Good Tempe DUI Attorney after a Tempe DUI Arrest.
Top Arizona DUI attorneys who defend cases in Tempe AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Tempe AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Tempe Arizona aggressively prosecutes DUI charges and seeking Tempe DUI convictions. The DUI laws in Tempe are strict and penalties severe. If you have been charged or arrested for a Tempe AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Tempe AZ as soon as possible.

DUI Charges in Tempe Arizona are subject to the Arizona State DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.
Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Tempe AZ court is especially harsh on repeat offenders. Penalties will be based on the following:

• Misdemeanor DUI - DWI v. felony DUI - DWI
• Amount of Blood Alcohol Content (BAC) or other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense,
• Age - under or over 21
• Other criminal charges or offenses that were coupled with your DUI,
• Any prior criminal record,
• Arizona DUI Laws for minimum and maximum penalties,
• Other aggravating factors surrounding your DUI arrest or charges
• Any other penalties the judge orders which is deemed necessary and appropriate

DUI Attorneys Tempe AZ
Resist the temptation of seeking counsel from a friend regarding your DUI instead of a qualified Arizona DUI attorney who defends cases in Gilbert AZ. If you consult someone who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting accurate advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Tempe DUI defense attorney who knows the Arizona DUI laws inside and out, current or changing legislation, case laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Tempe AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona in frequently defends DUI charges in Tempe Court. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

Be sure that the Arizona DUI defense attorney is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Tempe Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Tempe Arizona, and your case will be required to go to court in Tempe AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Tempe Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Tempe criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Tempe AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Tempe AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Tempe AZ begin with the thought process of building defense strategies that will lead to getting your Tempe DUI dismissed.

An experienced Tempe DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Tempe AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your Tempe DUI lawyer will investigate and examine the evidence, and determine if any evidence can justifiably be suppressed.

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Sentencing guidelines: Factors that will affect the severity of penalties for convictions" »

One Defense High Rated Criminal Attorneys use to Fight Your Tempe, AZ DUI Charges
Tempe AZ DUI Charges

If you were stopped and suspected of a DUI in Tempe AZ, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Tempe DUI charges.

Portable Breath Testing Device (PBT)
The Preliminary breath test (PBT), often called a portable breath test device, refers to the hand-held breath testing instrument used at the side of the road. This takes place prior to an arrest. The purpose of the PBT is to determination an alcohol concentration levels in your system, otherwise called the blood alcohol content (BAC). The primary purpose of the PBT is for preliminarily testing only. The results will give the Arizona police officer an idea of whether or not there is alcohol in your system if they suspect you of Arizona drunk driving or being "impaired to the slightest degree" while driving in Arizona. If the results are positive for any alcohol in your system, they will proceed to the second official breath test. The second test results from the official machine can be used against you in court, but not the PBT.

If your PBT results were "0" or negative, but the officer stills suspects you of driving impaired based on other "cues", they will move to determine if they are dealing with an impaired driver due to DUI with prescription drugs, DUI with illegal drugs, DUI with Marijuana, DUI with toxic substances or DUI with other chemicals.

The results of the PBT unit are not admissible as incriminating "evidence" to prove that the person has a certain measurement of alcohol present in their body. This is due to the fact that the PBT unit is scientifically unreliability. Therefore, the digital results of the PBT are only useful to the police to help them determine whether or not to they are dealing a driver who may be impaired by alcohol or drugs, and how to proceed with the next step of investigation.

The Official Breath Test
In Tempe AZ, the official breath testing is currently performed and evidence recognized with a machine some call the "Intoxilyzer 8000 Device".
This machine is required be calibrated and tested and routinely maintained on a regular basis by the Tempe police agencies responsible for them. Repair and maintenance records must be kept for all maintenance and repairs. It is not unusual for a breath machine to have a problem and to be pulled out of service for repair. Sometimes, the breath machine has to be sent back to the manufacturer for service or repairs. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.

Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper operator error, testing procedure, temperature, and individual human body variances.
Choosing a Tempe DUI Lawyer for your DUI Defense

If you have been arrested for a DUI in Arizona it is important that you consult a Tempe Arizona DUI lawyer or criminal defense attorney who defends cases in Tempe Court as soon as possible. Make sure they are well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Tempe Court and is familiar with Tempe court procedures, protocol, the judges and prosecution.

Retaining a good DUI lawyer who defends DUI charges in Tempe AZ, is the best thing you can do to take control of your life and your Tempe AZ DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Tempe DUI Attorney Use DUI Breath Test Defenses" »

Tempe Marijuana DUI Defense

"The Tempe prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys or Marijuana DUI defense lawyers will examine the evidence to determine if a compelling argument can be made and motions filed to suppress this evidence due to inaccuracies."

Tempe DUI with Marijuana Charges
The Medical Marijuana Prop 203 passing, will not affect Tempe Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Tempe drug DUI laws. If you are stopped by the Tempe police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Tempe Marijuana DUI Laws
Tempe AZ Marijuana laws fall under the authority of the State Laws of Arizona. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified card holder in Tempe AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Tempe Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Tempe prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys may will examine the evidence to determine if a compelling argument can be made and motions filed to suppress this evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Tempe DUI convictions. References are 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 (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Tempe, AZ
The criminal justice system in Tempe Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Tempe AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Tempe AZ Marijuana DUI Laws | Medical Marijuana DUI " »

Tempe AZ Marijuana DUI Defense

"The Passing of Medical Marijuana Prop 203, has no affect Tempe Arizona's strict Drug DUI laws... But top Marijuana DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Tempe DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Tempe Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Tempe DUI laws. Without a doubt, Tempe Arizona is on all DUI and Drug DUI charges. If you are stopped by the Tempe police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Tempe Marijuana DUI Laws
Tempe Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. This includes Medical Marijuana. Arizona Drug DUI laws are clear and strict.

Even if you are a certified Medical Marijuana card holder in Tempe AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Drug Marijuana DUI Testing Tempe AZ | DUI Marijuana evidence
The two most common ways Tempe AZ police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Tempe Prosecutors generally insist that the blood or urine testing is accurate and should be admissible as evidence to use against you. But Top Drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Tempe DUI convictions. References are 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 (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Tempe, AZ
The criminal justice system in Tempe Arizona is a maze of procedures, protocol, changing legislation, and case law. The Tempe Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Tempe AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Laws Tempe, AZ | Medical Marijuana DUI " »

To make a DUI arrest in Tempe, the Police Officer must have "probable cause" to arrest you. A Tempe DUI arrest requires the higher standard of probable cause than the DUI stop itself. The DUI stop only requires "reasonable suspicion" that a traffic infraction, or violation of law. If your Tempe DUI defense files a motion to dismiss for lack of "probable cause" to arrest, and the Tempe Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your case, your Tempe DUI lawyer has a compelling argument which may lead to a total dismissal of your Tempe AZ DUI charges.

Tempe DUI Laws
DUI Charges in Tempe AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Tempe DUI you will need an experienced Tempe DUI Attorney or an Arizona Attorney who defends charges frequently in Tempe Court and criminal justice system to defend you. Tempe DUI Laws, Classifications and Penalties are governed by Arizona State Laws which can be found at under ARS §28-1381 - www.azleg.state.az.us.

Top DUI Defenses - To Name a Few
Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case. Excerpts are cited in part from the Arizona Winning DUI Defense Strategies © Book Series, "101 Arizona DUI Defenses" © written by experienced Arizona DUI Attorney James Novak:

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Tempe police? 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 may call for a dismissal of your Tempe DUI charges. The officer must be able to 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 drunk driving or impaired by drugs or other toxic substances.

THE TEMPE POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you? The Tempe Police Officer's burden of proof is even 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" that a traffic infraction or other violation of the law was committed. 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.

PORTABLE BREATH TEST INADMISSIBLE
Did the police charge you with a DUI based upon the results of a Portable Breath Test Unit exclusively? 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 exclusively on the results of the portable breath test unit, the evidence can be suppressed with regard to those results.

Tempe DUI Defense | DUI Attorney Tempe, AZ
To go through the criminal justice process or Tempe Court unrepresented for your DUI charges by a good Tempe DUI lawyer or criminal defense attorney in Tempe is simply a exposing yourself to potentially swift and certain conviction. Without the defense of a qualified Tempe DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Tempe Court Prosecutor. Their job is not to help you get a good outcome, find flaws in their case against you, or try to get your Tempe DUI charges dropped. They work closely with the police to convict you.

Many of the best Tempe AZ DUI Attorneys agree that if you face DUI charges in Tempe AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Tempe Court. Without an experienced and qualified DUI attorney, you may be setting yourself up for a swift and harsh DUI conviction. A good DUI defense attorney who defends charges in Tempe, Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many other DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been arrested for any Tempe DUI other criminal charge, 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 and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Tempe Arizona and valley wide within Maricopa County.

Continue reading "DUI ATTORNEYS TEMPE | TOP DUI DEFENSES" »

Tempe DUI Attorney

"Your chances of getting your DUI charges dismissed, reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Tempe Criminal Defense or Tempe DUI Defense Lawyer."

Tempe DUI laws and Tempe AZ DUI Penalties are strict and severe. Even a first time Arizona misdemeanor DUI conviction carries harsh penalties. Tempe AZ Felony DUI punishments for convictions are so severe, that they can adversely impact the rest of your life. When faced with such charges, some people simply give up hope.

But you should know there is hope for a second chance to freedom, and to turn things around. If you have been charged or arrested in Tempe for DUI you should consult a Tempe Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Tempe Court and criminal justice system frequently. Most of the best DUI attorneys who defend DUI charges in Tempe provide free consultations. The DUI defense lawyer usually provides information regarding your charges, what to expect and offer you defense options. They will be your ally when you feel the entire criminal justice system and State of Arizona is against you. In the least you will get some direction and piece of mind.

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Gilbert, Mesa, Phoenix, Scottsdale,, Tempe or surrounding cities within Maricopa county, Arizona valley-wide.

DUI Penalties Tempe, AZ
The Arizona State DUI Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Gilbert AZ, Phoenix AZ, Mesa AZ, Tempe AZ, Scottsdale AZ, Maricopa County or any other cities and counties within the State of Arizona's jurisdiction.

Tempe DUI penalties can have negative life altering impacts including but not limited to loss of job or future job opportunities; loss of driver's license; costly fines and fees; mandatory incarceration in *jail or *prison (see below); court ordered ignition interlock devices in your vehicle at your expense; counseling, probation, criminal record and whatever the Tempe Court deems necessary and appropriate for your situation. If you are convicted the factors the Tempe Judge will consider for sentencing include but are not limited to the following:

• Type of DUI (misdemeanor DUI or felony DUI)
• First Time v. Repeat Offense
• Prior Criminal history
• Aggravating Factors surrounding the DUI
• Level of Blood Alcohol Content (BAC) found to be in your system
• Level or amount of drugs or substances found to be in your system
• Other criminal offenses committed at the same time as the DUI

*Arizona DUI Jail Sentencing Minimum Guidelines
Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Tempe DUI convictions. References are 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 (with aggravated classification)......4 Months in Prison
.
Tempe DUI Defenses
A Tempe AZ DUI charge is not a conviction. You have the right to fight your Tempe DUI through the criminal justice system. A good Tempe DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced. In any event, you will usually get a much better outcome with a Tempe DUI defense attorney, than if you go without qualified private DUI legal representation.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The defense strategy that a qualified Tempe DUI defense attorney chooses to use will be tailored and built largely upon the circumstances, details, and evidence surrounding your Tempe DUI charges. Your DUI defense lawyer should then effectively present it with compelling arguments and motions through the proper legal channels.

DUI Defense Attorney Tempe, AZ
Some feel that the Tempe Arizona court and criminal justice system are a maze of red tape, strict rules, guidelines, and protocol. In some respect this is true. It is the nature of the system. You will need strong Tempe DUI defense attorney or experienced Tempe criminal defense attorney to defend you.

Your chances of getting your DUI charges dismissed, reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Tempe Criminal Defense or Tempe DUI Defense Lawyer. They will investigate, examine all evidence, and build a strong defense tailored to the circumstances surrounding our Arizona DUI. They will then challenge the prosecutions' evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or the otherwise best alternative outcome in your case.

Continue reading "Tempe DUI Arrest | DUI Laws | DUI Penalties" »

Criminal Defense Lawyer

"An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

An Evidentiary Hearing" is also known as a "Preliminary Hearing". It is critical that you have an experienced AZ Criminal Defense or AZ DUI lawyer defending you, to attend this hearing. "An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

Your Tempe Criminal Defense Attorney or DUI lawyer usually requests this after your "Pre-trial Conference". This gives your Criminal defense or DUI attorney additional time to investigate, and examine the evidence that will be argued in your defense.

Arizona Revised Statutes §13-4238 Evidentiary Hearing describes in detail e purposes and rules surrounding a Tempe Criminal Evidentiary Hearing.

In summary, A.R.S. §13-4238 Evidentiary contains the following:
• Rules of evidence in criminal proceedings which apply
• Burden of proof of allegations and evidence to be identified
• Persons who may be called upon for testimony to be revealed
• Rules and evidence involving any violation of your constitutional rights
• The Tempe Criminal Court or DUI court's role, and obligations
• The Tempe Court shall within 10 days enter its order of conclusions based on its' findings of fact and state expressly its conclusions of law relating to all matters of evidence or issues presented at the hearing.

Your Tempe criminal defense or Tempe DUI Lawyer will argue the evidence they feel should be suppressed or dismissed and reasons why, and name defenses. The Tempe AZ Prosecution may argue its case against you. A formal record of the entire hearing will be made.

Your Tempe criminal attorney or Tempe DUI lawyer will also file the proper motions to the Tempe Court, requesting to suppress or dismiss part or all of the evidence based on the defenses that will be used depending on the circumstances surrounding your case.

To participate or request an evidentiary hearing on your own behalf without the representation of an Arizona Criminal or DUI defense attorney who practices frequently in Tempe, is risky and may be futile. In fact, there is potential you're you to further incriminate yourself. This is always a possibility and concern when or if you choose to represent yourself. Your chance of getting a successful outcome at an evidentiary hearing increase drastically with the legal representation of a Tempe criminal defense or Tempe DUI Attorney. A good Tempe AZ criminal defense or Tempe DUI defense Attorney will make sure your constitutional rights are protected, and be your voice; what motions to file; and most importantly will recognize what issues to be argued on your behalf that will project the most favorable decision possible in defense of your criminal or DUI charges.

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

Continue reading "Tempe Criminal Evidentiary Hearing " »

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

A Tempe DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties 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 Tempe AZ
Defending an Extreme DUI in Tempe, AZ requires the strong defense and litigation skills of an experienced Tempe DUI lawyer. There are many defenses that can be used by a good Tempe 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
Tempe 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)

Tempe Extreme DUI Attorney
Your Tempe 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 Tempe DUI lawyer, who defends cases in Tempe AZ on a regular basis.

Some who face extreme DUI charges in Tempe AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Tempe 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 Tempe 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 Tempe 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 timelines, deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Tempe Court and processes can be an overwhelming maze to get through without an experienced Tempe DUI attorney who deals with it on a daily basis.

With a good Tempe extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Tempe DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Tempe Court, defense strategies, examining evidence and challenging it to defend your Tempe 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 Tempe 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 Tempe DUI, Tempe 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 Tempe criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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In Arizona, Tempe DUI Convictions Means Jail or Prison Time

Tempe DUI (Driving under the Influence) Laws are governed by Arizona State Law DUI and Criminal Code. The law requires that if convicted you will be required to complete a jail or prison sentence, another with a host of other Penalties. Just because 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 Tempe DUI - DWI is just the beginning. 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. "An Experienced Tempe DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Tempe DUI Attorney's job is to use every available means through legal channels to do that.

A good Tempe DUI Lawyer or Arizona DUI Defense Attorney, who defends Tempe DUI Charges frequently in Tempe Court, will fight to get your charges dismissed completely, or in the alternative reduced to a lesser charge to avoid your having to do Jail or Prison time.

For those facing DUI charges the first thing on many people's mind is "If convicted, will I go to jail or prison and for how long?"

Depending on the severity, circumstances and classification of the Tempe DUI charges
Tempe DUI convictions include other penalties such as fines, fees, probation, counseling, ignition interlock device, 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 the first question many people have who face DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is simply a guideline4s that focus on that question in the event of a DUI Conviction. Remember, the answer may not be the same, in that some court has discretion to increase the penalties including the sentence depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Incarceration Minimum Sentencing 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 Tempe Court and Tempe Prosecutor will not help you to defend your case or make your life easier. To the contrary, their job is to get Tempe DUI convictions. Basically your side of the story will be disregarded or mute. A word of caution, if you do in fact decide to represent yourself (not recommended): In fact, without Arizona DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Tempe Court, you may unknowingly be incriminating yourself further and making the prosecutor's case against you stronger. The Tempe Prosecution and Tempe Court get a fast conviction with little work when a defendant goes unrepresented. And without a good AZ DUI defense attorney, are futile, and to the hopes of the prosecution, could very well make matters worse.

Your Tempe AZ DUI Attorney should be experienced with a vast amount of DUI litigation experience, have a clear understanding of Arizona laws, changes in law, 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 Tempe Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf. A good Tempe DUI Attorney's goal is to make sure your rights are not violated, and that your future and freedom are protected. That's their job: Make sure you choose an Arizona Attorney who does their job well.

If you have been arrested for any Tempe 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 Tempe DUI, Tempe 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 Tempe criminal Defense and DUI Defense Attorney 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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A Tempe DUI Defense allows your Tempe DUI Attorney to file a Motion to Dismiss or Motion to suppress specific evidence that the Prosecution would otherwise use against you. Your Tempe DUI Lawyer may at times be able to present such a defense which will allow for a negotiated dismissal or reduction of the Tempe DUI charges.

A good Tempe Arizona DUI attorney is very familiar with the defenses that can be used to challenge the prosecutions case against you, depending on the circumstances surrounding your Tempe DUI charges. Below is a list of categories of defenses that can be used. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

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

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Tempe DUI charges, penalties, conviction and sentencing fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country. Even for a first time DUI, an Arizona conviction carries mandatory jail sentences and other punishments such as court ordered use of an interlock ignition device to be installed in your vehicle. Tempe Arizona wants DUI charge convictions.

Hiring a good Tempe DUI attorney will significantly increase your chances of getting your charges dismissed or reduced. Your Tempe DUI lawyer will use every possible and appropriate defense to attempt to challenge the prosecutor's case, in an effort to get your Tempe DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

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

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