How to fight a DUI in Phoenix AZ

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

There are many defenses that a good Phoenix DUI attorney will consider based on the unique facts surrounding your DUI case. DUI charges are not "cookie cutter" charges. Each situation must be defended on its' own merits, and defenses will be different depending the set of facts surrounding your case. Below is a short list of defenses that can be used to fight Phoenix DUI charges through the criminal justice system:

• Challenging the reason for the Stop;
• Challenging police observations of the defendant at the time of the stop or arrest;
• Challenging Field Sobriety tests (as graded by the police);
• Challenging Police violations of protocol
• Challenging Breath, Blood or Urine test;
• Challenging other evidence surrounding the arrest;
• Challenging Constitutional Rights Violations;

An experienced DUI defense attorney who defends cases in Phoenix AZ Court frequently will examine all the facts and evidence and determine which defenses will prove to be the most successful in fighting your DUI. Your Attorney will file motions and present compelling arguments on your behalf. You can fight DUI by hiring an experienced Phoenix DUI lawyer. This will increase your chances drastically toward getting your charges dropped, reduced, or the otherwise best outcome in your DUI case.

Continue reading "7 Common defenses used to challenge DUI charges." »

"What you know about Phoenix DUI Task Force Stops may help you avoid a DUI and Phoenix DUI Conviction"

Phoenix AZ DUI Charges
If you were arrested at a Phoenix DUI for DUI, DWI or Drunk Driving charges, you should contact a Phoenix criminal defense or DUI attorney as soon as possible. Arizona DUI laws and penalties are some of the toughest in the country. DUI convictions can expose you to jail time, and other harsh punishments. Most experienced Phoenix DUI Lawyers provide a free consultation for those who face Phoenix DUI or Criminal Charges. In the least you should contact them to discuss your charges and defense options.

DUI arrest at a Phoenix DUI Task Force
Phoenix DUI Sobriety Checkpoints, (also called DUI Safety checks or DUI roadblocks) are set up at specified locations, decided by City/County officials and law enforcement agencies. Usually they take place during holidays or weekends when traffic volumes are expected. Arizona is one of a majority of states in the Country who conducts these DUI Sobriety Checkpoints. Arizona adapted from the National Highway Traffic and Safety Administration (NHTSA) guidelines to use in accordance with city and state laws.

Difference between DUI Task Force Stops and Phoenix DUI Stops
The main difference between a DUI stop and a DUI Task Force stop are the obvious events that lead to the DUI stop. In a DUI task force or roadblock situation, Police do not need "reasonable suspicion" that someone is driving drunk or DUI, in order to stop the vehicle to investigate further.

DUI Task Forces set up road blocks in specified location decided in advance and organized by Phoenix City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrests persons driving drunk, or driving impaired due to alcohol or drugs. The vehicles the police will stop at a DUI Road Block are decided in advance by city, or county officials in conjunction with DPS and law enforcement agencies in that area.

According to the NHTSA guidelines, adapted by Arizona, the determination must be made by means of a mathematical formula of sorts. For example, will stop every first, second, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the pre-determined DUI stop in that event.

In a situation where the police pull a driver's vehicle over while they are driving due to suspicion of DUI, DWI, or Drunk Driving, the police must have "reasonable suspicion" that a crime is in progress or other 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 in order to stop and detain a driver for investigation.
With regard to penalties, there is no difference between a conviction resulting from a DUI Task Force arrest and an arrest made from a DUI stop.

Phoenix DUI Defense Lawyer
By law you are innocent until proven guilty, and have the right to defend your charges, no matter what the circumstances led to the DUI stop. But without legal representation by an experienced Phoenix DUI lawyer, there is little chance your DUI will be dismissed. A good criminal defense attorney will make sure you are treated fairly, defend your rights and build a solid defense on your behalf.

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"Differences between a DUI stop and a Sobriety DUI Checkpoint stop in Chandler AZ."

DUI charges Chandler AZ
If you were arrested at a DUI sobriety checkpoint in Chandler AZ for DUI - DWI or Drunk Driving, you should consult Chandler DUI lawyer soon as possible. Arizona DUI laws are strict and penalties are some of the most severe in the country. Any DUI conviction will expose you to jail time, and other harsh penalties including court ordered interlock devices for your vehicle, fines, fees, and other punishments.

Chandler AZ DUI arrest at a Chandler DUI Sobriety Checkpoint
DUI Sobriety Check Points are also referred to as DUI Safety Checks or DUI roadblocks. They are set up a specified location, time and date decided by City, County and law enforcement agencies. They are frequently conducted around holidays or weekends when traffic is expected to be heavy. Arizona is just one of many states in the country who conduct these DUI Sobriety Checkpoint operations. The National Highway Traffic and Safety Administration (NHTSA) outlined guidelines to use in accordance with city, county and state laws that Arizona has adapted.

Difference between Chandler DUI Stops and DUI Sobriety Checkpoint Stops
The primary difference between DUI stop where the driver is pulled over by an officer while driving, and a Sobriety DUI Checkpoint stop are the events that lead to the DUI stop. In a DUI roadblock situation, police do not need "reasonable suspicion" that a violation of the law was committed or in progress in order to stop vehicle for further investigation.

In a DUI stop where the driver has been hailed to pull a driver's vehicle over while they are driving, in absence of a DUI roadblock, police must have "reasonable suspicion" that a crime is in progress or other law violation has occurred, in order for the DUI stop to be lawful by police.

In contrast, DUI sobriety checkpoint stops are road blocks set up in a specific location, time and date decided in advance by Chandler City Officials and Law Enforcement Agencies. Their purpose is to seek out and arrest persons driving drunk or driving "impaired to the slightest degree" due to consumption of alcohol or drugs. The vehicles that will be stopped at sobriety checkpoints are decided in advance by city, or county officials and their respective police departments.

According to the NHTSA guidelines adapted by Arizona, the determination of which vehicles to stop should be patterned by a mathematical formula of some kind: for example, every first, second or third vehicle that passes through the DUI roadblock. Police do not need any other reason to stop a vehicle at the DUI checkpoint.

Generally, penalties for a conviction do not differ from those resulting from a DUI checkpoint arrest and DUI arrest made in absence of a DUI checkpoint stop.

Chandler DUI Defense Lawyer
By law you have the right to defend your charges, no matter what circumstances led to your DUI stop and arrest. But in order to effectively challenge your DUI charges, you will need to retain an experienced DUI lawyer to defend your charges. Good criminal lawyers will defend your charges; make sure you are treated fairly; defend your constitutional rights, build and present a compelling defense case on your behalf. If you were arrested for a Chandler DUI you should contact criminal attorney who defends DUI charges in Chandler AZ frequently, to discuss your matter and defense options.

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10 Facts you need to know if you face Chandler Drunk Driving DUI Charges!

1. Chandler Drunk Driving charges are very serious. Chandler DUI Laws are governed by Arizona State DUI laws and penalties which are some of the most strict and harsh in the entire US. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time. Your best chance of getting Chandler drunk driving charges dismissed is to hire a private practice AZ criminal defense or AZ DUI attorney who defends DUI charges in Chandler on a regular basis.

2. Regardless of your DUI evidence, you have the right to challenge your DUI charges Regardless of your Blood Alcohol Content (BAC Level) which resulted from your DUI breathalyzer or blood tests, or whether or not your DUI is a repeat offense, you have the right to hire a private practice AZ DUI lawyer. Regardless of the evidence, you have the right to challenge your DUI charges in order to get them dismissed or reduced to lesser charges or penalties.

3.The Prosecutor is not your friend.
They have one job alone---to convict you. If you find your self in a conversation with the Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Otherwise your statements can be used against you. Should a conversation should ensue with the prosecution be polite and respectful, but do not engage in any discussion regarding your Chandler drunk driving charges or otherwise, unless directed by the judge or your defense attorney.

4.You have the right to remain silent...Use it.
You do not want to incriminated yourself or damage your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

5. Promptly attend all scheduled court appearances for your Chandler
Arizona DUI or drunk driving charges or you will face an arrest warrant.
If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only exception is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

6.Following a Chandler DUI or Drunk Driving Charge, you will need to deal with two separate entities. First, is a civil matter with 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 matter through the Arizona criminal justice system for the DUI charges.

7. If you hire a good Chandler drunk driving lawyer they will immediately begin tailoring and building a strong Chandler drunk driving defense.
A successful defense begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Chandler DUI attorney, will get you a swift and severe conviction.

8.Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage over you. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage.

9. If you decide not to hire a private practice Chandler DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Chandler drunk driving lawyer. You will be held to the same standards as would otherwise your Chandler DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense.

10. A good private practice Chandler DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Continue reading "Chandler DUI Lawyers | Drunk Driving Defense " »

"You have the right to hire a Phoenix Criminal Defense Lawyer at nearly every stage of a DUI or Criminal Case. But the earlier you hire a criminal or DUI Lawyer, the greater your Chances are of Getting Your Phoenix DUI Dismissed."

The Importance of Hiring a Phoenix AZ DUI or Criminal Lawyer Early
The best Phoenix AZ DUI lawyers would agree that you have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. However, understand that the earlier you retain DUI Lawyer or criminal lawyer for your Phoenix charges, the greater your chances become of getting your DUI or criminal charges dismissed. Early retention of an Arizona criminal defense or DUI Lawyer is a one of the most important keys to a favorable outcome.

Further at some stages in the DUI case processes, a good number of criminal defense attorneys or AZ DUI lawyers will not accepting 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 exhaustive):
• Often the prosecution and court have their minds made up about a plea offer that was unfavorable to you. It is not likely they can be persuaded to reduce the penalties at a later point in the process.
• 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.
• Rights to utilize certain defenses were waived due to events that took place, actions or inactions to preserve your rights.
• After obtaining or hearing the facts at your initial consultation, a private practice Phoenix DUI or criminal defense lawyer, recognize the hurdles that have mounted against you. Consequently they decide not to accept your case, because they feel their involvement will not likely change the outcome at that point.
• Many Phoenix DUI lawyers, criminal lawyers, and criminal defense firms regulate their case loads. They may feel that any attempts to dismantle or overcome events that have taken place may be too labor intensive on their current case load which will take them away from their other defendants they have accepted and to who they are obligated to provide adequate time needed for an effective defense.
• Your case has been set for trial, is in the middle of trial, or the trial is over. 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 Arizona who will in fact accept the offer to represent you for the trial services late phase pre-trial services, post conviction services or appeals. You may just need to look a little further, or make a few more contacts to find them.

When you hire a Phoenix criminal defense lawyer or Phoenix DUI Attorney, you are the employer. They work for you. At the same time however, the DUI lawyer or defense attorney who defends charges in Phoenix also has the option of taking the job or not.
So early on, if you are willing to pay a reasonable fee charged by the private practice Arizona Criminal Defense Lawyer or Phoenix DUI Lawyer, you will most likely have your pick. You will be able to easily find good legal representation at an affordable price, without looking too far. But most importantly, they will have adequate time to tailor and build you a solid and effective defense case.

Continue reading "DUI Defense: You should retain a criminal defense attorney well before your first court date. By waiting, you risk the chance of irreversible damage to your case." »

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

Chandler AZ DUI or Criminal Lawyer - Early Retention
You can retain a Chandler AZ Criminal Defense Lawyer at nearly every stage of a Chandler AZ DUI or criminal case. But the best Chandler DUI and Arizona criminal defense lawyers agree that the earlier you retain DUI Lawyer or criminal lawyer for your Chandler charges, the greater your chances of getting your Chandler DUI or criminal charges dropped. Early retention of a Chandler AZ DUI or criminal defense lawyer is one of the most important keys to a successful defense. This allows your Chandler DUI attorney enough time build a successful defense case on your behalf including filing of early you dismissed. They will present compelling arguments to the court and prosecution on your behalf, and make every attempt to negotiate a DUI charge dismissal.

At some late stages in the DUI criminal justice process a good number of Chandler criminal lawyers or Chandler DUI attorneys will not agree to take your case if you wish to hire them. If you contact a private practice criminal lawyer at certain stages of your case, they may not be able to accept it. This is usually due to their time demands, and heavy court or trial schedules, for existing clients. Here are some reasons why a DUI lawyer who defends Chandler DUI charges may not be able to accept or discuss your case with you:

• You already have a public defender, or private practice attorney who has been handling your case. You call a private criminal lawyer, with no intention to hire a new attorney, but to ask for a free consultation to discuss your case. Most attorneys will refrain from discussing your case at this point. Among many other reasons, it is generally seen as unethical. Unless your call is to see if you can hire that attorney, they will refrain from discussing any details of your case and refer you to your current lawyer.

• Often the prosecution and court have their minds made up about a plea offer that unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired a different attorney. In fact they often they end up "digging their heels" further into the ground about the initial offer(s) being the final offer. If you do not accept this offer, your case would be set for the uncertain results of a trial. If convicted the penalties may be far worse for you than the pre-trial offer. But then it is off the table.

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

• You may have knowingly or unintentionally waived Rights that could have been used, for certain defenses that could have led to a dismissal of your charges.

• The new private practice attorney feels their intervention will not likely change the outcome of your case. If they tell you this, listen to them! It is likely true and very ethical for an attorney to tell you this straight out. They are trying to spare you from needlessly wasting your money on attorney fees that will not help you.

• Many Chandler DUI and criminal defense lawyers and law firms regulate their case loads. If they feel that it would be too labor intensive and time consuming to take over your case in a late stage trial or otherwise, they may not accept your case. They have an obligation to defend their current clients who have hired. The case loads, court and trail schedules may be full. They need to allow adequate time and resources to tailor, mount and present a successful defense for each client.

• Your case or trial is over. You received a "guilty" verdict and the penalties are severe. You want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember when you hire an Arizona criminal defense lawyer is, you are the employer. They work for you. In the same respect, that DUI or criminal defense attorney also has the right refuse the job. It is a two way street.

If you prudently hire a private practice Chandler DUI Lawyer or criminal attorney early on, you will have a vast amount of Chandler criminal defense and DUI lawyers to choose from. You will easily be able to find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf. This is without a doubt that your best chance of getting your case dismissed.

Continue reading "Find out why retaining a criminal defense attorney early, will increase your chances of getting a favorable outcome in your DUI case" »

5 facts you need to know if you were charged with Drunk Driving in Phoenix Arizona

1 An Arrest for drunk driving in Phoenix AZ is very serious. The laws are strict and penalties severe. If you choose not to retain a private practice Arizona DUI
defense Attorney, you will most 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. According to current laws in place, if you are convicted for an Arizona DUI you will be exposed to sentenced to jail time, as well as other Severe penalties.

2 The Maricopa County or Phoenix AZ Prosecutor is not your friend. Following your Phoenix drunk driving arrest, your DUI charges will then go to the Maricopa County Prosecutor for review and handling. Should the situation present itself, the prosecutor may appear friendly, and greet you with a smile- But beware. They have a job to do. That is to convict you of a Phoenix DUI. If the prosecutor strikes up a conversation with you, be polite. But do not engage in any discussion regarding your Phoenix DUI charges. You have the right to remain silent. Use it. If not, the prosecutor can and will take note all that you say which can be held against you. Therefore, politely acknowledge your right to remain silent, until you are accompanied with, or speak to your AZ DUI Lawyer.

3 Make sure you appear to all your court dates for your Arizona drunk
driving charge. 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 not 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 Phoenix 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 retain an experienced DUI lawyer who defends DUI charges in Phoenix, they will immediately begin your drunk driving defense. A successful defense begins before your first scheduled court date. This is important, because doing nothing, or waiting until the last minute is detrimental to your defense including negotiating opportunities passed by, and filing early and relevant defense motions. Also, you may have waived rights you could have used in your defense. There are no second chances. If you decide to go unrepresented by a qualified Phoenix DUI attorney, you will be held to the same standard of the court as if you were represented by a DUI Attorney. This includes complying procedures, attending all conferences and court appearances, abiding by court standards, processes, protocol and deadlines, no different that if you hired a Phoenix defense attorney. It is true, criminal and DUI charges are dismissed every day do to the police or prosecution violating Court or their own policies.

Your Phoenix DUI Attorney will promptly seek out evidence and motions in your defense;, be prepared to try to get evidence dismissed; find exculpatory evidence (evidence favorable to your defense); and make every effort to open lines of communication and negotiate with the prosecutor on your behalf. They will build and present the best arguments and defense strategy based on the facts you case, provide a solid defense, and to make every attempt to get your Phoenix DUI charges dropped.

Continue reading "Drunk Driving Arrest: DUI Survival Tips" »

You have the right to fight your Chandler DUI, no matter what the circumstances. Top Chandler AZ attorneys agree that the key to a winning defense is to hire an experienced Chandler AZ DUI Attorney early.

Chandler AZ sentencing for a DUI or DWI convictions depend mainly on two factors:
1) the type of DUI you are charged with and
2). if you have other DUI or criminal convictions on your record. If you face any type of DUI or DWI charge in Chandler, AZ should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges in Chandler AZ Court.

You should ask to speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any.

Types of Chandler AZ DUI - DWI Charges That May Apply
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• 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 prior Criminal Convictions
Any Chandler AZ DUI or DWI should be taken seriously. All DUI convictions include sentences of mandatory jail time, among additional punishments. A Chandler DUI Charge "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.

Chandler AZ DUI Penalties
Chandler DUI classifications, sentencing and penalties are governed by the guidelines, and minimum sentencing rules under the State Laws of Arizona. You have surely heard by now that Arizona has some of the toughest DUI laws and penalties in the country.
Classifications and penalties can be found in detail under each type of violation at "azleg.gov/ArizonaRevisedStatutes. Here are a few citation references to send you in the right direction to find exactly what you are looking for"

"...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..."

Chandler AZ DUI Sentencing
Although there are minimum sentences that exist for any Chandler DUI conviction, the judge in many cases has some discretion of ordering additional punishments. They will make their decisions on the merits of each case, depending on the facts of your case, and any prior criminal or DUI history.

Chandler DUI or DWI convictions will expose you to the following minimal penalties:
• Mandatory Jail;
• Fines, Fees, Costs;
• Mandatory Installation of an Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time;
• Alcohol and or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Chandler AZ Felony DUI - DWI
A Chandler AZ felony DUI also known as "aggravated DUI". Conviction for an aggravated DUI is extremely serious and carries very harsh 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.

Chandler DUI Lawyers and the need for DUI Defense Chandler AZ
Remember, a DUI arrest for a Chandler DUI, does mean you are "guilty". Nor is it a conviction. No matter how high your BAC or other circumstances surrounding the charges, you still have the right to challenge the DUI charges. Even though you were charged or arrested, you are still innocent until proven guilty.. You also have the right to a defense attorney. Choose your DUI attorney wisely. For your best chance at a winning defense, make sure it is a private practice attorney, who has the time and resources to spend to fight your DUI. The best Chandler AZ DUI lawyers will fight to get your Chandler DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

Continue reading "DUI Charges: Types of DUI offenses and their classification" »

How top DUI lawyers in Phoenix AZ get Felony DUI charges dismissed

If you have been charged with a felony DUI in Phoenix AZ, you will need to hire a qualified and experienced AZ Felony DUI defense attorney who defends cases often in Phoenix AZ court. Felony DUI charges are also known as "aggravated DUI charges". You have the right to hire a private AZ DUI Attorney to defend your Phoenix Felony DUI charges. An experienced felony DUI defense lawyer can often get your felony drunk driving charges dismissed. In the least, there is a good chance they can get the charges dismissed for reduced sentencing so that if convicted, will have the least adverse impact on your life and future.

Phoenix Misdemeanor DUI vs. Felony DUI in Arizona
Most DUI charges in Phoenix AZ are classified as misdemeanors. A misdemeanor DUI climbs to a more serious Felony DUI when the following factors are involved with your DUI:

• This is your third DUI or more within seven years;
• You were arrested for DUI while your driver's license was suspended, revoked or restricted.
• You were arrested for DUI with a minor under age 15 was in the vehicle.
• The DUI involved an auto accident which resulted in serious injuries or fatality.

Arizona Felony DUI Penalties
AZ Felony DUI convictions have considerably higher penalties, including increased jail or prison time than a misdemeanor DUI. Sentencing may include but are not limited to four months or more in prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle, at your expense; screening for admittance and entry into a mandatory drug or alcohol treatment program; probation; and felony criminal record that will follow you for years into the future.

Felony DUI Defense Phoenix AZ - Aggravated DUI Defense
Experienced DUI attorneys and AZ criminal defense lawyers will examine all the evidence, explore all avenues, and build a strong case to defend your Phoenix AZ felony DUI or aggravated DUI charges *Note, this list not all inclusive. Some cases involve none, one, or more issues to challenge depending on the circumstances:

• Cause for reasonable suspicion for the DUI stop. In Arizona, the officer must have a "reasonable suspicion: that the driver in the process or has committed a violation of law;
• Determine if "probable cause": existed to arrest you for felony DUI in Phoenix;
• Validity, objectivity, or lack thereof, the roadside sobriety tests, if you agreed to participate in them;
• Qualifications, credentials and experience of the officer who arrested you;
• Accuracy of chemical testing such as blood or urine samples;
• Errors or violations of required protocol for blood or urine testing, processing storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Calibration, and documented records analysis of the breathalyzer machine used including prior repairs, or general maintenance;
• External factors that had potential to compromise the validity and accuracy of breathalyzer, blood, or urine test results;
• Inadmissibility of some or all of the evidence the prosecution expects to use in an attempt to convict you of AZ felony DUI;
• Violation (s) of your Constitutional Rights including but not limited to the following:
Failure of police to give you a second sample for your defense, unwarranted search and seizure of you or your vehicle, failure to let you contact your AZ DUI lawyer at your request and earliest convenience; unnecessary use of force or intimidation, unjustified reason for the stop; and arrest without justifiable probable cause.

Felony DUI Defense Attorneys for Phoenix felony DUI
After your AZ DUI Lawyer or AZ criminal defense lawyer has gathered and examined all the evidence and facts, they will determine what defense strategies on which to best defend your felony DUI charges. They will present compelling arguments, and file appropriate motions in an effort to suppress evidence, reduce charges, or ultimately get your AZ DUI felony charges dismissed.

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 "Felony DUI Defenses" »

"Self representation without retaining a qualified Phoenix DUI defense lawyer is quite frankly a fast track to a DUI conviction...You will be doing the AZ prosecution a favor by making his or her job easier."

In Arizona, the penalties for a DUI Conviction depend primarily on two factors: 1) The type of DUI charged and 2) the defendant's prior DUI or criminal record. If you face Phoenix DUI charges you should Consult Phoenix DUI Lawyer or Criminal lawyer who defends DUI Charges in Phoenix, to discuss these issues and your defense options. Be prepared to provide this information with the Phoenix DUI lawyers you consult. They will need to know the type of DUI and whether or now you have prior Criminal or DUI convictions in order to assist you further.

Common Types of AZ DUI 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.

Prior Phoenix DUI Convictions or Criminal Record
Any AZ DUI conviction is serious and carries mandatory jail time among other penalties. But an AZ DUI with priors or existing criminal records result will reap higher more severe sentencing if convicted.

A previous DUI counts as "a prior" if it occurred within the last 7 years or 84 months no regardless of what state it occurred.

Phoenix DUI Penalties
In the least all AZ DUI convictions carry sentences which include:
• Incarceration in Jail
• Fines, Fees, Costs,
• Ignition Interlock Device installed in vehicle
• Screening and subsequent participation in alcohol or dug counseling/ treatment program.

An aggravated or felony DUI carry the highest most severe penalties which can include extended incarceration, higher fines, fees, and costs, probation, and a host of additional punishments.

Phoenix DUI Lawyers and your AZ DUI Defense
The stakes are high if you are charged with any Phoenix DUI or AZ DUI. It is important that you consult and retain an experienced AZ DUI Lawyer who defends DUI charges in Phoenix AZ on a regular basis. A good Phoenix DUI lawyer will defend you through the maze of the Arizona criminal justice system, and every phase of your DUI case. An experienced AZ DUI lawyer will conduct their own investigation, challenge the evidence, and build a compelling defense on your behalf. Self representation without the defense of a qualified Phoenix DUI lawyer is quite frankly a fast track to a DUI conviction. And you will be doing the AZ prosecution a favor by making his or her job easier. .

Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

Continue reading "DUI Penalties: Two primary factors that will determine the severity of penalties in DUI convictions" »

How the Best DUI Attorneys Fight DUI Charges in Chandler AZ

If you were arrested in Chandler AZ for DUI, you can fight your DUI charges. Many cases are dismissed, or reduced to lesser violations. The way to begin is to contact a good criminal defense attorney or DUI lawyer who defends DUI charges often in Chandler AZ.

There is a lot to lose if convicted of DUI in Arizona. The punishments are severe and include mandatory jail time. It is usually in your best interest to plead not guilty and to hire a Chandler DUI Lawyer or criminal defense attorney who defends DUI charges in Chandler AZ. Rarely if ever, will you get a good outcome, dismissal or reduction of charges if you attempt to represent yourself without a qualified attorney. Many good people get DUI charges due to mistakes and errors in judgment. They find themselves sitting behind bars wondering why or how they let it happen. Then due to the trauma, humiliation, arrest process, the unfamiliarity of the criminal justice system, they feel their situation is hopeless. You can regain control of your life and situation by hiring a good private practice DUI lawyer who will know how to defend your DUI charges.

There should be no secrets as to how your DUI defense attorney will represent you and fight your DUI charges. A good Chandler AZ criminal defense attorney will keep you informed and guide you through the processes. The best criminal attorneys in Chandler AZ will work hard to try to get your charges dismissed. The defense strategies they will use will depend upon the specific facts and circumstances surrounding your DUI charges.

Here is a sample of some categories of defense strategies some the best criminal defense Attorneys in Chandler AZ use to fight DUI charges.
• Challenging the reason the police officer stopped you;
• Arguing the police observations they documented in the report with a trustworthy witness testimony on your behalf that conflicts with the police officer's account;
• Challenging Field Sobriety Tests (FST). Results of FST are very controversial and often easily challenged. This is due to their subjective nature as reported by the arresting officer. Often FST results are considered to be inaccurate or not admissible in court. It has been proven time and again, that many people who are not impaired by drugs or alcohol can not pass the FST to the police officer's satisfaction.
• Examining Police conduct including use of excessive force, or intimidation.
• Examining the Officer's prior history of misconduct or disciplinary actions that exist;
• Challenging accuracy Breathalyzer, Blood, or Urine tests results. Your Attorney will evaluate issues such as transport, storage, and handling of the samples, to determine if proper procedures were followed. Accuracy of the police results can be retested by an independent lab via your defense attorney;
• Obtaining and presenting evidence in your favor;
• Presenting compelling arguments and educating the prosecution and court regarding insufficient evidence or weaknesses and flaws in their case:
• Find out if your Constitutional Rights were violated.

The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Chandler AZ court frequently. The best DUI attorneys will know which defenses to use to build and mount on your behalf. According to the constitution you have the right to obtain an attorney. This is one right you do not want to ignore. It can make the difference between a conviction of a DUI and dismissal of your DUI charges. Without it, you are on a fast track to a DUI conviction and its harsh life alerting consequences.

Continue reading "DUI Defenses: DUI charges do not always lead to convictions. Find out what why, and what can be done to defend your charges" »

Arizona criminal defense | Phoenix Metro AZ DUI Lawyer

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

After a DUI arrest in Arizona you will have your Initial Appearance in Arizona 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 Arizona AZ on a regular basis, before that time or as soon as possible.

Initial Appearance in Arizona Court
Your initial appearance is the first phase through the Phoenix Metro Arizona criminal justice system. You will appear before the judge in a Phoenix Metro AZ court, regardless of what state you reside. 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 AZ 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 Arizona criminal defense attorney or Phoenix Metro AZ 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 Arizona. One thing most Good Criminal and DUI Attorneys in Phoenix Metro AZ agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.

How Good DUI Attorneys in Chandler AZ Build Winning Defense Cases

Chandler DUI and criminal charges get dismissed every day, due to hard work, and technical skills of a good DUI or Criminal Defense Attorney who defend their clients in the Chandler AZ court. But you may wonder what your Chandler DUI lawyer is really doing to help you. Your Chandler DUI defense attorney should answer any questions you have regarding their activities and efforts to defend you. A qualified and experienced Chandler AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Chandler AZ for DUI or other criminal charges, and convicted, you will face some of the most severe penalties in the country as required by Arizona Law. You should consult a private practice Chandler DUI lawyer or criminal defense attorney who defends criminal charges in Chandler Court as soon as possible.

A good private practice DUI attorney defending you in Chandler Court will guide you through every phase of the Chandler criminal justice system. Below are a few activities a qualified and experienced Chandler DUI lawyer or Criminal defense attorney will do to defend you and build a strong defense case:

• Gather and evaluate evidence;
• Obtain exculpatory evidence to use in your favor;
• Have evidence such as blood or urine samples initially obtained by police retested by an independent lab. (Usually the arresting officer will obtain it for you. If not, you should ask them to save a second sample for your defense attorney.)
• Review evidence to determine if an independent expert would benefit your case regarding technical issues, aspects or evidence.
• Review police reports, the complaint, evidence, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution intends to use against you;
• Interviewing or deposing detectives or the arresting officers;
• Interviewing witnesses who may be willing to testify in your favor for such things as their observations about your sobriety if they were passengers in the vehicle;
• Choose the defense strategies that will most likely lead to obtaining the most favorable outcome in your case;
• File motions with the Chandler Court and Criminal Justice System within required deadlines. .
• Mounting an effective defense case against the prosecution.
• Look for opportunities and act swiftly 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.
• Participate in scheduled court hearings, and pre-trial conferences; or trial;
• Prepare compelling arguments and documentation for trial, conferences and the filing of motions;
• Working with you, the prosecution, and Chandler Court to obtain mutually agreeable plea agreement or other more favorable resolution that sentencing for a conviction, or the uncertain outcomes of a trial.

When selecting the DUI lawyer you want to represent you for your DUI or criminal charges in Chandler AZ, consider whether or not that Chandler DUI or criminal defense attorney has the qualifications, litigation experience and the time needed to defend your case and fight for a winning outcome. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading ""What will a criminal attorney do if I hire them to defend my DUI charges?"" »

Phoenix criminal defense | Phoenix DUI Lawyer

One thing most Good Phoenix Criminal Attorneys agree upon is that one key to a successful outcome in your case is early retention of a criminal or DUI defense lawyer.
Initial Appearance in Phoenix Court

After a DUI arrest in Phoenix Arizona you will have your Initial Appearance before the court within the next 48 hours. At this point hopefully you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in
Phoenix AZ on a regular basis.

Your initial appearance is the first phase through the Arizona criminal justice system. You will appear before the judge in the court of the city or municipality for which you were arrested. 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).

Tips to Follow After Your Initial Appearance in Phoenix Court
• Do not discuss your case with anyone accept your 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.
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 Phoenix AZ. One thing most Good Criminal Attorneys in Phoenix agree upon is that 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+phoenix&IncludeBlogs=401&search=

Continue reading "DUI Court Process: "What is an Initial Court Appearance?"" »

Chandler AZ criminal defense | Chandler AZ DUI Lawyer

A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer who defends cases in Chandler AZ.

After a DUI arrest in Chandler Arizona you will have your Initial Appearance before the 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 Chandler AZ on a regular basis.

Initial Appearance in Chandler AZ Court
Your initial appearance is the first phase through the Chandler AZ criminal justice system. You will appear before the judge in the Chandler 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).

Tips to Follow After Your Initial Appearance in Chandler 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.
• Follow the instructions your Chandler criminal defense attorney or Chandler 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 Chandler AZ. One thing most Good Criminal Attorneys in Chandler 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+Chandler&IncludeBlogs=401&search=

Continue reading "Initial Court Appearance: When it takes place and what to expect" »

Why You Should Consult a Good DUI Attorney after a Chandler DUI Arrest.

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

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

DUI Charges in Chandler 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 Chandler 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 punishments the judge deems necessary and appropriate

DUI Attorneys Chandler 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 Chandler DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Chandler 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 Chandler 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 Chandler Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Chandler Arizona, and your case will be required to go to court in Chandler AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Chandler Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Chandler criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Chandler AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Chandler AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Chandler AZ begin with the thought process of building defense strategies that will lead to getting your Chandler DUI dismissed.
An experienced Chandler 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 Chandler 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 Chandler DUI lawyer will investigate, examine the evidence, to 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 - DWI Arrest: Factors that will increase the severity of penalties if you are convicted of DUI charges" »

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Phoenix AZ

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

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

DUI Charges in Phoenix 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 Phoenix AZ court is especially harsh on repeat offenders.

Penalties will be based on the following:
• Misdemeanor DUI, v. felony DUI or aggravated DUI,
• How high your Blood Alcohol Content (BAC) or the amount of other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense
• Age of the defendant
• Other criminal charges or offenses that were coupled with your DUI
• Prior Criminal Offense Record
• Arizona DUI Laws for Minimum and Maximum penalties
• Other aggravating factors surrounding your DUI arrest or charges

DUI Attorneys Phoenix AZ
Resist the temptation of seeking counsel from a friend regarding their DUI instead of a qualified Arizona DUI attorney. If the person you consult 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 Phoenix DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Phoenix 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 Phoenix 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 Phoenix Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Phoenix Arizona, and your case will be required to go to court in Phoenix AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Phoenix Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Phoenix criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Phoenix AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

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

An experienced Phoenix 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 Phoenix 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 AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you).

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

Continue reading "DUI Convictions: Sentencing Factors that will have an impact on the severity of Penalties" »

One Defense Top Criminal Defense Attorneys may use to defend Your Arizona DUI Charges

Phoenix DUI Charges
If you were stopped and suspected of a Phoenix DUI, 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 Phoenix 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.

To the contrary, if you PBT results were 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 unacceptable as "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 Phoenix 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 Phoenix 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 Phoenix DUI Lawyer for your DUI Defense

If you have been arrested for a DUI in Arizona it is important that you consult an Arizona DUI attorney 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 Phoenix Court and is familiar with Phoenix court procedures, protocol, the judges and prosecution.

Retaining a good Arizona DUI defense lawyer is the best thing you can do to take control of your life and your 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 "Phoenix DUI Lawyer | DUI Breath Test Defenses " »

One Defense Good Criminal Defense Attorneys can use to fight Your Chandler, AZ DUI Charges

Chandler DUI Charges
If you were stopped and suspected of a DUI in Chandler 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 Chandler 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 Chandler 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 Chandler 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 Chandler DUI Lawyer for your DUI Defense.

If you have been arrested for a DUI in Arizona it is important that you consult a Chandler Arizona DUI lawyer or criminal defense attorney who defends cases in Chandler 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 Chandler Court and is familiar with Chandler court procedures, protocol, the judges and prosecution.

Retaining a good Chandler DUI lawyer is the best thing you can do to take control of your life and your Chandler 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 "Chandler DUI Attorney | DUI Breath Test Defenses " »

Chandler DUI Attorney

A Chandler AZ DUI charge is not a conviction. You have the right to fight your Chandler DUI through the criminal justice system. A good Chandler DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced.

Chandler DUI laws and Chandler AZ DUI Penalties are strict and severe. Even a first time Arizona misdemeanor DUI conviction carries harsh penalties. Arizona Felony DUI convictions and sentencing 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 Chandler for DUI you should consult a Chandler Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Chandler Court and criminal justice system frequently. Most of the best DUI attorneys who defend DUI charges in Chandler 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.

DUI Penalties Chandler, AZ
Chandler DUI penalties can be devastating and have adverse 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 Chandler Court deems necessary and appropriate for your situation. If you are convicted the factors the Chandler 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 Chandler 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
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Chandler DUI Defenses
A Chandler AZ DUI charge is not a conviction. You have the right to fight your Chandler DUI through the criminal justice system. A good Chandler 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 Chandler 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 Chandler DUI defense attorney chooses to use will be tailored and built largely upon the circumstances, details, and evidence surrounding your Chandler DUI charges. Your DUI defense lawyer should then effectively present it with compelling arguments and motions through the proper legal channels.

DUI Defense Attorney Chandler, AZ
Some feel that the Chandler Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI defense such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Chandler AZ.

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

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