State Court Arizona - Criminal Law

What to expect at an Arizona Evidentiary Hearing

An Evidentiary Hearing can be requested by your Arizona DUI Attorney on your behalf. In this event your Arizona DUI Defense Attorney will ask that the State suppress some or all evidence against you. This may be warranted in situations if your constitutional rights were violated, if police protocol, DUI or drug testing procedures were mishandled or if any other evidence surrounding your case warrants suppression of the evidence.

Your Arizona Criminal Defense attorney will file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant in addition to requesting an Evidentiary Hearing. This usually occurs after the first pre-trial conference. The Judge then rules on written legal arguments filed by your Arizona Criminal Attorney, if appropriate. The hearing can consist of testimony from witnesses and oral arguments from your or Arizona DUI Lawyer as well as the State's Attorney.

"Arizona Revised Statutes §13-4238 Evidentiary hearing:

A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented."

Continue reading "Criminal Defense - Evidentiary Hearing " »

What to Expect at a Pre-trial Conference (PTC)

Criminal Law- Arizona Criminal Defense Attorneys

At aPre-trial Conference, your Arizona Criminal Defense Attorney will discuss your case with the prosecution. During the Pre-trial Conference he or she will attempt to negotiate the best possible plea bargain for your Arizona DUI or Arizona Criminal Defense Case. The Pre-trial Conference usually takes place about 6 weeks after your arraignment. The date is agreed upon by your AZ Criminal Defense Attorney and the Arizona Court's calendar. There are typically 2-3 pre-trial hearings.

If a plea bargain is offered and outlined, your attorney should discuss the deal with you and explain the consequences, the benefits or drawbacks of the plea bargain. A plea bargain may also be referred to as "plea negotiations". They may include bargaining for such outcomes:

(1) Alternative available to the prosecution such as certain alcohol, drug diversion,
or participation in anger management programs
(2) A reduction in the severity of the charges or sentencing
(3) Dismissal of some or all of the charges pending against the defendant
(4) Sentencing alternatives such as probation, home arrest, or other less severe
alternatives in an effort to avoid incarceration

Note, at the Pre-trial Conference, witnesses do not attend, and no testimony is taken. You are not required to discuss the facts of your case with the Prosecutor. Since anything you say to them could be used against you in further proceedings, it is best not to discuss you case at all. That is why it is extremely important that you consult and retain an experienced Arizona criminal defense attorney or Arizona DUI Lawyer. If it is acceptable and you agree, a trial is avoided. However, if a trial date is set, that does not necessarily mean there will be a trial. Your Arizona Criminal Attorney should continue to work your case, investigate, and examine the evidence, along with other options toward getting you the best outcome of your case before your set trial date. In most cases it is best to make every effort to avoid trial due to the labor intensive cost of a trial, but most of all because of the uncertainties of involved in jury decisions. You want to avoid
the possibility of a worse outcome from a jury verdict if possible.

Continue reading "Arizona Pre-trial Conference - PTC" »

Criminal Law - Arizona Criminal Defense

Your Arizona arraignment is the date will appear on your ticket, and is usually set about 30 to 60 days after your criminal offense or DUI arrest. If you have an Arizona Criminal Defense Attorney, and are not on bond, you do not have to appear. A Good Arizona DUI Attorney or DUI Lawyer will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights, and give you the opportunity to respond your attorney will be able to give you that information and provide a response on your behalf to the court. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney, confirm with your attorney that you will not be required to attend. In most all cases, your Phoenix DUI Lawyer or Arizona Criminal Defense Attorney will submit on your behalf a "not guilty" response, notice of defenses, and notice of their legal representation on of your case.

There are three possible responses to an Arraignment:

1. Guilty Plea**
2. Not Guilty Plea
3. No Contest plea** - In short, it means you do not refute the charges, but also you do not claim guilt for the charges. Specifically, a plea of "No Contest", (also known as "Nolo Contendere,") simply means that you do not wish to contest the State's charge (s) against you. It is important to know, however, that according to Arizona State Laws, upon a plea of "No Contest", the Judge will enter a judgment of guilty. If you enter a plea of "Guilty"** or "No Contest"**, you may still be sentenced immediately following the Judge's acceptance of your plea.

In Arizona, if you or your Arizona Criminal Defense Attorney does not enter a plea on your behalf, then a plea of "not guilty" will be entered for you by the court. If you do not have an attorney, you must be at the arraignment. If you are out-of-custody, you must show up in person and on time. If you fail to show up or have an attorney file the appropriate response a warrant will be issued for your arrest. You will receive a copy of the indictment. Remember, "not guilty" is an appropriate plea and response since you since you have a constitutionally right remain silent and to a presumption of innocence and it is the State's responsibility to prove you are guilty.

Procedurally, when a plea of "not guilty: is entered, you or your Arizona Criminal Defense Criminal Attorney will get a "pretrial conference date" which will be outlined in greater detail in a near future article.

Continue reading " Arizona Arraignment - What is an Arraignment? " »

Arizona Criminal Defense Attorney - Arizona Arrest

"Maricopa County is the 4th largest county in the nation with an estimated population of over 3.8 million occupants." It is important that you consider hiring an Arizona Criminal Defense Lawyer, if you have been charged with a crime in Maricopa County. This differs from other, mainly smaller Counties in the State or other States which may have fewer staff, or less resource with which to prosecute crimes. With that in mind, another County may choose not to prosecute offenses related to particular crime or set of crimes for that reason alone. But that is not the case in Maricopa County. Here is some information regarding the prosecuting office in Maricopa County should you find yourself facing criminal charges here.

"The Maricopa County Attorneys Office prosecutes over 40,000 cases a year, with 900 employees and 6 offices throughout the valley, making it one of the top prosecution offices in the country. Needless to say, they have become very proficient at it. This is one of the reasons that if you have been charged with a crime in Arizona, it is critical that you hire a top experienced Arizona Criminal Attorney to defend your case. It has 10 specialized divisions or bureaus. The highest volume bureaus for prosecution include the following four categories:

• Gang Bureau: Prosecutes cases involving criminal street gang members...
• ROP Bureau (Repeat Offender Program): Targets chronic repeat offenders for prosecution...
• Vehicular Bureau: Also a high volume bureau responsible for the prosecution of cases involving vehicular homicide, aggravated assault, leaving the scene of fatal/serious injury collisions and aggravated driving under the influence cases...
• Drug Enforcement Bureau: The final high volume bureau, focuses on handling major drug prosecutions, including the manufacture, transfer, sale or possession for sale of illegal drugs..."

Arizona laws and penalties for any DUI or felony convictions are the most severe among all of those in the United States. If convicted in either case, you will face extreme punishments and consequences. Mandatory incarceration in jail or prison tags along most felony and DUI charges. If you have been charged with a crime for the first time, a repeat offense, a new resident, or simply visiting, it makes no difference. It is important that you understand how tough Arizona is on crime, and how imperative it is to hire an experienced criminal defense attorney if you have been charged with a DUI or Criminal offense in Maricopa County.

(Quoted in part from Author: Maricopa County Attorney's Office Website crimefreeaz.com.)

Continue reading "CRIMINAL DEFENSE - PROSECUTION " »

Phoenix DUI Attorney

After being charged with a Phoenix, Arizona DUI, fear of the unknown is traumatic. You need answers to the question of "What happens next? The first thing you need to do is to contact an Arizona Criminal Defense Lawyer experienced in defending Arizona DUI charges. A good Arizona DUI lawyer will make sure the DUI and all events have the least impact on you and your life as possible; exhaust all measures to lowering the charges and sentencing; and press for a complete dismissal of the matter, depending on the circumstances of your case.

The following will shed some light on the "General" order of processes that follow if they apply to your situation:

1. Motor Vehicle Hearing: To preserve your right to drive in Arizona, you must request a hearing within 15 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a suspension letter. If you had a valid license when you were stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 30-45 days of driving. If you lose at the hearing, you can not drive after the hearing. Crucial defenses can be developed at the hearing. Also ask your attorney of the consequences of requesting the hearing verses stipulating to the suspension. You are trying to minimize any and all impact on your life due to this DUI charge. Including the need for an SR 22 insurance policy.

2. Arraignment: This is the date on your ticket, about 30 to 60 days after your DUI arrest. If you have an attorney and are not on bond, you do not have to appear. A Good Arizona Attorney will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights. Your attorney will be able to give you that information. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney confirm, whether or not you will be required to attend.

3. Pre-trial Conference: Your attorney will discuss your case, with the prosecution and attempt to negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. The date is agreed upon by the Court and your attorney's calendar. There are typically 2-3 pre-trial hearings.

4. Suppression or Evidentiary Hearing: A good Arizona DUI Attorney may be able to request the State to suppress some or all evidence against you, if your constitutional rights have been violated, or if any circumstances surrounding your case warrant suppression of the evidence. Your attorney will also file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant. This usually occurs after the first pre-trial conference.

5. Trial: If your Attorney and the Prosecution are unable to agree upon an acceptable sentencing, plea bargain or dismissal of your case, you have the right to request a trial. Trial must be held within six months after plea.

6. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentencing and DUI convictions can include incarceration, driver's license suspension, fees, fines and/or counseling, and required use of an ignition interlock device in your vehicle.

DUI charges in Arizona are not something you want to defend on your own, without an Arizona DUI Defense Attorney. Arizona has some of the toughest DUI laws, in the country. Trying to defend your own Arizona DUI charges in absence of retaining a Phoenix Arizona DUI Attorney is very dangerous. Hiring an experienced DUI Attorney will make all the difference in the outcome of your case

Continue reading "AFTER PHOENIX ARIZONA DUI ARREST - ARIZONA DUI LAWS" »

When charged with a DUI in Arizona, you have the right to request to speak with an Arizona Criminal Defense or Arizona DUI Attorney. The police must allow you the opportunity to speak with one, at least telephonically as soon as is reasonably possible. Such a denial of your access to speak with an Arizona Criminal attorney or AZ DUI Lawyer is a violation of your constitutional rights.

Your constitutional right to counsel is derived from multiple sources including both the United States Constitution, and the Arizona Constitution. Although your right to speak with or be represented by an attorney exists, the point at which you are allowed access to that attorney may be in question. Each case presents its' own set facts and circumstances, under which the person is able to have access to speak with an Attorney. That is why it is important that you retain legal representation immediately if you have been charged with an Arizona DUI.

It will take an experienced Arizona criminal defense attorney well versed in Arizona criminal defense laws and AZ DUI laws to gather the evidence and determine if your constitutional rights were violated. So if the police unreasonably or unjustifiably deny or delay your request to speak with an attorney, regarding your Arizona DUI arrest or AZ DUI charges, be sure to relay this information to your lawyer accurately and completely. Consequently, your Arizona DUI Attorney, may later be able to request either dismissal or suppression of all the evidence in your AZ DUI case.

Continue reading "Arizona Criminal and DUI Defense: Denial of Right to Counsel " »

If you have been charged with a DUI in Arizona, another strategy used by Arizona DUI lawyers to pursue dismissal of a case is "No Reasonable Suspicion to Stop" or "No Reasonable Suspicion to Detain" a driver charged with an Arizona DUI. If you have been stopped with no reasonable suspicion to stop or be detained, all evidence may be suppressed and the case dismissed on those merits.

An investigatory stop is unconstitutional if the stop is not supported by reasonable suspicion that criminal activity is afoot. Thus, if the officer lacked a constitutionally valid reason for making the traffic stop, all evidence of drunk driving obtained as a result of the unlawful stop must be suppressed.

Examples of no reasonable suspicion to stop could include but is not limited to a police officer stopping or detaining a driver simply due to race, religion, gender, age, or other such unjustifiable reasons.

A successful defense by an Arizona DUI Attorney against an AZ DUI charge depends on first recognizing that many cases can have potential defenses to the Arizona DUI arrest and charges It may be true that you were driving under the influence, or even drunk driving in Arizona at the time you were stopped; but that, in absence of suspicion to stop or be detained, does not give law enforcement officials "free reign" to violate the Arizona DUI Laws, and your constitutional rights under them.

Phoenix, DUI Lawyer - Arizona DUI Attorney

Continue reading "Arizona Drunk Driving Defenses - No Reasonable Suspicion to Stop " »

If you have been charged with a DUI in Arizona, one strategy used by drunk driving defense attorneys in your case in an effort to get it dismissed is called "Lack of Driving or Actual Physical Control" while under the influence. Arizona DUI Law requires that the State establish you were driving or in actual physical control of a vehicle while impaired. In some cases there are no witnesses to testify who was driving a vehicle and then the State may be unable to meet its burden of proving the accused was driving or was in actual physical control.

Recent case law by the Supreme Court of Arizona v. Zaragoza (Arizona, 6/3/2009) shows that the potential to drive while drunk is sufficient for an Arizona DUI conviction. In other words, the tough Arizona DUI laws just got tougher. Blow is the new Arizona Jury Instructions:

"...In determining whether the defendant was in actual physical control of the vehicle, you should consider the totality of the circumstances shown by the evidence and whether the defendant's current or imminent control of the vehicle presented a real danger to [himself] [herself] or others at the time alleged. Factors to be considered might include, but are not limited to:

1. Whether the vehicle was running;
2. Whether the ignition was on;
3. Where the ignition key was located;
4. Where and in what position the driver was found in the vehicle;
5. Whether the person was awake or asleep;
6. Whether the vehicle's headlights were on;
7. Where the vehicle was stopped;
8. Whether the driver had voluntarily pulled off the road;
9. Time of day;
10. Weather conditions;
11. Whether the heater or air conditioner was on;
12. Whether the windows were up or down;
13. Any explanation of the circumstances shown by the evidence.

This list is not meant to be all-inclusive. It is up to you to examine all the available evidence and weigh its credibility in determining whether the defendant actually posed a threat to the public by the exercise of present or imminent control of the vehicle while impaired..."

It has now become even more challenging to use this defense. You need an experienced Arizona DUI Attorney to fight the tough and changing AZ DUI laws you are up against in order to defend your Arizona DUI Charge. You need to feel confident your Arizona DUI Lawyer will use every possible defense to avoid an Arizona DUI Conviction.

Phoenix, AZ DUI Lawyer - Arizona DUI Attorney

Continue reading "Arizona DUI Laws - AZ DUI Defenses - Lack of Driving or Actual Physical Control " »

DUI Defenses exist that Good Arizona DUI Lawyer can use to challenge your Arizona DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. In future blogs we will discuss each of these in greater detail. Here are 10 commonly used Arizona DUI Defenses:

1. Lack of Driving or Actual Physical Control.
The Prosecution must establish you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify.

2. No Reasonable Suspicion to Stop.
An investigatory stop is unconstitutional if the stop is not supported by reasonable suspicion that criminal activity is afoot. Thus, if the officer lacked a constitutionally valid reason for the traffic stop, all evidence of drunk driving obtained as a result of the unlawful stop must be suppressed.

3. No Probable Cause to Arrest.
The Officer must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed at the time of the Arizona arrest, otherwise the arrest is unconstitutional and the case must be dismissed.

4. Improperly Administered Field Sobriety Tests (FST's).
The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding the administration of the FST. If there was a violation of any of these guidelines the test results can be suppressed.

5. Denial of the Right to Counsel
When a DUI person requests a lawyer, the police must provide you with an opportunity to speak with a lawyer telephonically as soon as is reasonably possible.

6. Violation of Miranda Warnings
The timing of when or if "Miranda Rights" may be an issue, that could lead to suppression of evidence.

7. Inaccuracy of the Breath Testing Device
For the test evidenced to be allowed, proper protocol must be followed, factors to consider are type of device used, proper maintenance of the device, its accuracy, reliability, and even the credentials of the officer administering the test.

8. Retrograde
Subtractive retrograde is a method to compensate for any alcohol consumed shortly before driving that could show a higher reading at the time of the test than "at the time of driving." This is because usually a person requires between 30 minutes and hours to completely absorb alcohol.

9. Deficiencies in Blood Alcohol Testing & Issues in Blood Cases
Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used.

10. Denial of Independent Test
A person has a due process right to collect independent scientific evidence of their blood alcohol concentration (BAC). The State may not unreasonably interfere with this right.

Phoenix, DUI Defense Lawyer - Find Best Arizona DUI Attorneys

Continue reading "Arizona DUI Laws - 10 Arizona DUI Defenses...Case Dismissed! " »

A tough new Arizona DUI Law require that all drivers convicted of any Arizona DUI be are required to use an Ignition Interlock Device. You can talk to any Arizona DUI Attorney and you will get the same answer. Arizona DUI laws were passed on the principle that you cannot be trusted to operate a motor vehicle without some sort of assurance that you are not driving drunk.

The way it works is that the Ignition Interlock Device is attached to your automobile that tests you for alcohol before you can start your car. The car will not start if the device detects alcohol. Once your vehicle is running, you will be periodically prompted to give another sample. The certified ignition interlock device must be installed on any motor vehicle you operate for a minimum of 12 months. The time requirement is based on the circumstances surrounding your Arizona DUI conviction and your history of any prior DUI convictions. An authorized installer must install the interlock. To add insult to injury, you are required to pay the costs for the installation and maintenance of the ignition interlock device. You are also required to provide the Arizona of Department of Transportation proof from the installer of compliance and inspection of the device during the period that the device is required to be used.

An experienced and knowledgeable DUI lawyer in Phoenix, Arizona is your best defense against the suspension or revocation of your driving privileges. While Arizona DUI Lawmakers see the Ignition Interlock Device as a necessity, Drunk Driving defense Attorneys see it as a means of causing further Arizona DUI penalties to already harsh Arizona DUI Laws. The device can interfere with your business, your job, your family, and your education. A top AZ Drunk Driving Defense and Criminal Defense Lawyer may be able to get your charges dismissed or reduced without the need of the Ignition Interlock Device. For more detailed information refer to Arizona's Ignition Interlock Device Laws: 28-3319.

Phoenix, DUI Lawyers - AZ DUI Laws

Continue reading "Arizona DUI Lawyers - AZ DUI Laws - The Ignition Interlock Device Requirement " »

If you have been charged with an Arizona DUI, you may hear some of these common
terms. Arizona criminal defense attorneys, Arizona DUI lawyers, law enforcement officials and the prosecution use these words often. So you may want to become familiar with just of few of these legal definitions:

Administrative License Suspension:
Suspension of the license of drivers charged DUI when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test.

BAC:
Short for "blood alcohol concentration." BAC refers to the amount of alcohol in your bloodstream and is measured in percentages.

Blood Test:
A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DWI suspect.

Breath Test:
A test of blood alcohol level that is derived from measuring the alcohol level of the suspect's breath.

PBT (Preliminary Breath Test):
A portable, hand-held device used by law enforcement to measure the BAC of suspected drunk drivers.

Burn off Rate:
The rate at which alcohol in the body is metabolized, and the blood alcohol begins to
fall, decrease, or "burn off".

Chemical Test:
As it relates to DUI, a test of the alcohol or drug concentration in a person's body (Breath, Blood, Urine).

DUI:
Driving While Under the Influence.

DWI:
Driving While Intoxicated.

Felony:
A serious crime, in Arizona DUI/DWI can become a felony even without an injury or death, if the suspect has a given number of prior DWI convictions. A felony can result in a sentence to jail or state prison.

FST (Field Sobriety Test):
A series of physical and mental coordination tests designed to help an officer decide if a driver is DWI.

Intoxilyzer:
A brand name for a blood alcohol breath testing machine.

Miranda Rights:
The formal advisement that you have the right to remain silent and to have a lawyer present before answering questions, which police must recite prior to questioning someone who is in custody.

Misdemeanor:
A crime less serious than a felony. Misdemeanors are sometimes categorized by classes or degrees.

Probation:
When all or part of the required jail time is suspended in exchange for good behavior, as determined by checking in with a probation officer.

Zero Tolerance BAC:
Allowable blood alcohol content for under age persons (under 21). In Arizona this percentage is 0% (meaning absolutely no alcohol content must be detected)

Phoenix DUI Attorney - Arizona DUI Lawyer

Continue reading "Arizona DUI Lawyer- AZ Drunk Driving Defense Laws Definitions" »

During an Arizona DUI stop, most police officers will use a set of five-to-six common tests called Field Sobriety Tests (FST). Even the Best Arizona DUI lawyers differ on opinions as to whether you should agree to take these tests when stopped by an Arizona DUI police officer for suspicion of drunk driving.

One thing that top Arizona Criminal Defense and DUI attorneys do agree on, is that you should in the least become familiar with FST and know the consequences of both submitting or refusal of the FST.

The Arizona FST is a battery of tests that include heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others.

Many Arizona DUI Attorneys will tell you that you should not agree do the Arizona DUI Field Sobriety Tests. Those attorneys recommend that you politely refuse to take them. It is true that Arizona DUI laws do not require you to take any of the Field Sobriety Tests (FST).

However, you should know that if you refuse, you may be arrested on the spot for DUI in Arizona. Your refusal to take the FST may be used against you as evidence by the Arizona DUI prosecution if you decide to challenge your Arizona DUI and go to trial. The tests and refusal are both used as additional evidence by the police to build its case against you. The prosecution will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. That fact is that the FST usually only hurt your Arizona DUI defense. It is expected that you perform them perfectly. However, that is a feat many completely sober people can't even accomplish. It is difficult to provide contradictory evidence because many Arizona police do not videotape your performance of the Arizona DUI FST.

If you have consumed alcohol, the FST will serve only to build a case of Arizona drunk driving against you. But you decline to take the FST, then you most likely get an Arizona DUI arrest, get handcuffed, have your car impounded, be taken to the police station, have your blood drawn (required) and face a court date for your Arizona DUI. Bottom line, only you can make the decision based on your own set of circumstances.

Continue reading "Arizona DUI Laws Field Sobriety Tests - Not Mandatory -Truth and Consequences of Refusal" »

Phoenix DUI Lawyers - Arizona DUI Laws

In retrograde Arizona DUI defense that AZ DUI lawyers and defendants called the "chug-a-lug" defense has been outlawed. This Arizona DUI Defense Attorney would argue that their client with the Arizona DUI charge was not actually over the limit when stopped, but became over the limit by the time a chemical test was performed and evidence obtained. Thus, the argument previously made was that they were not illegally drunk driving in Arizona at the time of the stop, therefore, the case should be dismissed.

Evidence can no longer be introduced that Defendants BAC was below .08 at the time they were driving, even if it was. Heavy lobbying activity persuaded the Arizona legislature to remove this retrograde DUI defense. This change in Arizona DUI laws makes it easier to convict those charged with driving under the influence by reducing the ability to use what was known as a retrograde defense.

Under that DUI defense, defendants claim they drank some amount of alcohol just before being arrested, perhaps just before leaving the bar and driving, and that tests took some time after the stop to conduct and the post arrest BAC results do not accurately reflect the driver's state of intoxication at the instant of an alleged infraction.

The "chug-a-lug" defense relies on arguments that alcohol takes some time to be absorbed into the blood stream. However, just because this Arizona drunk driving defense was eliminated is no cause to give up hope, if you have been arrested and charged with an Arizona DUI. Many defenses still exist which can be investigated, examined, and explored by a good Arizona DUI Attorney. However, I would not recommend fighting your DUI alone without retaining the services of the best Criminal Defense Attorney you can find.

A strong Arizona DUI defense attorney can still use the Arizona DUI Laws and evidence in your favor to assist in either reducing or even getting your case dismissed. Remember when you get charged with an Arizona DUI, the most important decision you will need to make is not if you should hire an attorney---but which Arizona DUI lawyer should you hire?

Phoenix DUI Attorney - Arizona DUI Lawyer

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Arizona DUI Laws - Phoenix DUI Lawyers

During an Arizona DUI stop, most police officers will use a set of five-to-six common tests called Field Sobriety Tests (FST). Even the Best Arizona DUI lawyers differ on opinions as to whether you should agree to take these tests when stopped by an Arizona DUI police officer for suspicion of drunk driving.

One thing that top Arizona Criminal Defense and DUI attorneys do agree on, is that you should in the least become familiar with FST and know the consequences of both submitting or refusal of the FST.

The Arizona FST is a battery of tests that include heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others.

Many Arizona DUI Attorneys will tell you that you should not agree do the Arizona DUI Field Sobriety Tests. Those attorneys recommend that you politely refuse to take them. It is true that Arizona DUI laws do not require you to take any of the Field Sobriety Tests (FST). However, you should know that if you refuse, you may be arrested on the spot for DUI in Arizona. Your refusal to take the FST may be used against you as evidence by the Arizona DUI prosecution if you decide to challenge your Arizona DUI and go to trial. The tests and refusal are both used as additional evidence by the police to build its case against you. The prosecution will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them.

That fact is that the FST usually only hurt your Arizona DUI defense. It is expected that you perform them perfectly. However, that is a feat many completely sober people can't even accomplish. It is difficult to provide contradictory evidence because many Arizona police do not videotape your performance of the Arizona DUI FST.

If you have consumed alcohol, the FST will serve only to build a case of Arizona drunk driving against you. But you decline to take the FST, then you most likely get an Arizona DUI arrest, get handcuffed, have your car impounded, be taken to the police station, have your blood drawn (required) and face a court date for your Arizona DUI. Bottom line, only you can make the decision based on your own set of circumstances.

If you or someone you know has been charged with a DUI in Arizona or other Arizona
Criminal offense contact Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney James Novak.

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Arizona DUI Laws - Phoenix Criminal Attorneys

Arizona DUI Implied Consent Law
Arizona DUI Implied consent law is designed to discourage suspected DUI drivers from refusing to submit to Arizona DUI testing. Tests includes BAC (blood alcohol content) chemical test (breath, blood, or urine testing). Top Criminal Defense Attorneys will advise you to submit to the BAC and/or Chemical Test if requested by the Officer. This is because your refusal to submit to testing will result in harsh consequences including loss of your driver's license for one year. You see, police can get BAC and chemical tests they need whether you refuse or not. Upon refusal, the officer will contact the judge immediately, who will then issue a warrant to obtain your blood...the will still get your (BAC) anyway. The only thing you get for refusing is a penalty of one year loss of driver's license. Also, your refusal will be held against you at trial.

Arizona DUI (Driving Under the Influence) Defense Attorney
Even if your Arizona DUI is dismissed, you will still lose your right to drive for one year. You should immediately contact an experienced Arizona DUI lawyer. If you refused breath or chemical tests, your Arizona DUI attorney can request a hearing and possibly vacate the year long Arizona drivers' license suspension.

Additionally, a good Phoenix Arizona DUI defense lawyer may get the DUI charges against you reduced or even dropped. You'll want someone on your side because a DUI conviction and a violation of the Implied Consent Laws can result in heavy fines, insurance coverage problems and losing your driver's license and even jail for a criminal conviction.

Visit www.azleg.state.az.us/ars for more information regarding the Implied Consent Law: "28-1321. Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license."

Phoenix DUI Lawyer - Phoenix DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorneys

Arizona DUI testing is the fourth of four major evidence categories that the state of Arizona can use against you for an Arizona DUI arrest under current Arizona DUI laws. DUI Testing includes a number of methods which will be expanded upon in greater detail in future articles:

Arizona DUI Field Sobriety Tests (FSTs)
A battery of field sobriety tests (FSTs) are given including heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others. In Arizona, most officers will use a set of six common tests. Arizona DUI law does not require you to take any of the Field Sobriety Tests (FSTs).

Arizona DUI Breath Test
Breath tests are used to determine the blood alcohol content (BAC) level of drivers suspected of driving drunk. Since alcohol is absorbed into the blood and blood flows through the lungs, alcohol is present in the lung's air sacs. A breathalyzer machine is used. Rather than ask drivers to submit to invasive, impractical blood or urine tests in the field, many law enforcement agency's use breath tests as a means for determining the blood alcohol level of drivers suspected of DUI in Arizona.

Arizona DUI Blood Test
Arizona DUI Blood tests are sometimes performed in order to determine the blood alcohol content (BAC) level in your system, if you are suspected of DUI. A blood test is more reliable than a breath test but may still be inaccurate due to a variety of issues. An experienced and knowledgeable Phoenix Arizona Defense Attorney will be able to investigate to determine if the blood is drawn incorrectly, if chemicals are present in the proper amount, and if the proper protocol was followed, and if not, can be challenged.

Arizona DUI Urine Test
Urine tests are typically given in DUI / DWI cases where Arizona police officers believe a driver may also be under the influence of drugs. Although urine tests are the least accurate means for measuring blood alcohol level, they are routinely used to detect the presence of illegal drugs in the body.

Again, questions arise pertaining to the accuracy of the tests, dependability of the results, and protocol that was followed. The results can then be challenged by an experienced Arizona DUI defense attorney.

Phoenix DUI Lawyer - Phoenix DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI Attorney, Tempe DUI Attorney, Scottsdale DUI Attorney, Chandler DUI Attorney, Gilbert DUI Attorney, Mesa DUI Attorney and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorneys - Arizona DUI Laws

Any Good Phoenix DUI Defense Attorney will tell you not to help the police and prosecution build their AZ DUI case against you. For example, do not to make any "verbal admissions" if you have been stopped for a DUI. This, "admissions" is the third of four major evidence categories that by Arizona can use as evidence against you for an Arizona DUI arrest.

Admissions are statements you make at that time of the Arizona DUI stop to the police officer, which raise suspicion that you have been drunk driving or are chemically impairment. Anything you say in the presence of the officer during the stop, can and will be used against you in court. If stopped, be polite, and respectful. Simply inform the officer that you will be happy to answer her or his questions, but in the presence of your attorney, about where you have been or what you have been doing. You are not required to tell the officer anything in that regard. However, keep in mind that if you are not cooperative at all, this may raise the officer's suspicion and you could risk being arrested on the spot.

Below are examples of types of "admissions" don't want to make:

• I just had one drink on an empty stomach
  
• I stopped drinking a few hours ago, I thought I would be OK go drive
  
• I take anti-anxiety medications, but I don't drink
  
• I just had one drink and my regular prescription medications
  
• I just got off of work and stopped for one or two drinks.
  
• The last time I smoked marijuana was last night.
  
• Yes, I know why you stopped me.
  
• I know better than to drink or drive
  
• I took an over the counter pain reliever, but it was not a prescription drug.
  
• I took some medicine last night, before bed to help me sleep
  
• Yes, that is my opened beer container in the car
  
• The soiled stain on my jacket is red wine.
  
• Someone must have put something in my drink
  
• I guess I had more to drink than I thought
  

Phoenix, DUI Lawyers - AZ DUI Laws

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorney

Any Phoenix, Arizona DUI Attorney will tell you that DUI physical signs of impairment also referred to as signs after a stop are another of four major evidence categories that Arizona can use as evidence for an Arizona DUI arrest. The first category covered previously was DUI driving impairments Signs after a stop are those red flags, if observed by an Arizona police officer, will result in them being suspicious of drunk driving or chemical impairment.

Below is a list of "signs after a stop" that have proven to be highly consistent with those who have been found to be drunk driving, or are impaired due to chemicals or alcohol:

*Not in any particular order of priority, or chronology of events.

• Difficulty exiting the vehicle
  
• Bloodshot, red, watery, and/or drowsy eyes
  
• Red or flushed face
  
• Clothing soiled or disheveled
  
• Fumbling or inability to find driver's license or registration
  
• Repeating questions or comments
  
• Swaying, instability, or balance problems
  
• Leaning on the vehicle, other object, or person, difficulty standing
  
• Slurred or unusually slow speech
  
• Inappropriate Laughter or behavior
  
• Providing incomplete or irrational phrases and sentences
  
• Slow or inability to answer officers questions
  
• Provides incorrect information and or changing of answers
  
• Officer required to repeat questions due to unresponsiveness
  
• Unusually Nervous
  
• Disoriented or Confused
  
• Disrespectful, argumentative or combative
  
• Odor of alcoholic beverage from the driver, or in vehicle
  
• Staggering
  
• Difficulty or poor navigation in operating the vehicle controls
  

Interestingly, some of these signs are also symptoms of fatigue, exhaustion from work, overdriving, lack of sleep or other similar reasons, in absence of alcohol or chemical use. That does not prevent the police officer from stopping or pursuing the testing of DUI. This is many times used as an Arizona DUI Defense, which will be discussed in a future blog in greater detail about Arizona DUI defenses. Stay with us as discuss Phoenix DUI laws, charges, arrests, penalties, fines and other Arizona DUI information.

Phoenix DUI Lawyer

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney
James Novak. Valley-Wide Service.

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix DUI Attorneys

A Phoenix, Arizona DUI Defense Attorney will tell you that "driving signs of impairment" is just one of four major categories of evidence that the state can use against you as evidence for an Arizona DUI arrest. The first category discussed below is DUI driving impairments. Here are 25 are red flags that if seen, will prompt an Arizona DUI law enforcement official, to suspect and stop you for Arizona drunk driving or being chemically "impaired to the slightest degree".

• Drifting
• Remaining stopped after the red light green
• Hugging or crossing over the center lane marker
• Braking off and on at inappropriate times
• Turning with wide radius
• Following the car in front two closely "tail gaiting"
• Driving with the turn signal on continuously when there is intent to turn or turn ahead
• Driving much slower than the speed limit, 10 mph or more
• Weaving or swerving in and out of traffic
• Signs of "road rage" or other aggressive driving such as screeching the tires
• Appearing uncertain as to your driving such as unsafe, irrational lane changing
• Driving with the headlights off at night
• Bright or high beams on when not necessary
• Driving in excess of speed limit
• Failure to obey traffic signals and signs such as stop, yield, school or construction zones
• Illegal U-Turns or other illegal turns
• Stopping for no reason on a straight way
• Driving down a one way street the wrong way
• Nearly hitting an object such as a wall, another vehicle, or pedestrian
• Leaving a bar parking lot, appearing to be drunk behind the wheel
• Making an unsafe move in traffic
• Making a lane change abruptly without proper signal time to other drivers
• Appearance of not paying attention to the road or driving
• Visible Drinking of an alcohol beverage or use of drug paraphernalia while driving
• Random stops of vehicles at designated "DUI Checkpoints" by law enforcement officials

Phoenix, Arizona DUI Defense Lawyer

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor). Valley-wide Service.

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix DUI Attorneys - Arizona DUI Laws

According to Arizona DUI Laws it is not illegal to drink and drive if you are 21 years of age or older. However, it is illegal to drink and drive and/or be chemically impaired to the slightest degree while driving. You don't need Top Criminal Defense Attorneys to tell you that the absolute best way to avoid an Arizona DUI is not to drink and drive at all. The second best way to avoid getting an Arizona DUI Charge is to be aware of how much alcohol you can drink before you may become impaired. So if you're concerned, that sometime you may be charged with an Arizona DUI, you will want to read on:

The drink chart displayed to the right can be found on many web sites on the internet. It provides a rough estimate of a person's blood alcohol level (BAC).The Arizona drunk driving chart is based on the number of drinks consumed and the person's weight. The problem with this information is people rely a bit to much on such charts in order to determine whether they may have been impaired after drinking a number of alcoholic drinks. A "one size fits all" chart does not work. You must take into account many other factors
and each and every person has a different set of circumstances.

Please do not consider this information as a license to drink irresponsibly. Keep in mind that everyone is different, and alcohol affects each person in many different ways. Only you know your limits. And while some people are sure they know their limits, they may still be driving under the influence according to Arizona Law which carry some of the toughest impairment thresholds, laws, rules, penalties, jail time and fees in the Country. So please drink responsibly.

The scientific and Arizona DUI legal issues associated with breath testing in Phoenix, Tempe, Gilbert, Mesa, Scottsdale, Chandler, Maricopa County DUI cases are complex. An experienced Phoenix, Arizona DUI lawyer has the knowledge and skill to evaluate the importance of your Arizona DUI defense including the legality of the breath test DUI evidence.

Phoenix DUI Lawyer - Arizona DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Arizona DUI Defense Attorney - AZ DUI Laws

Charged with an Arizona DUI? You will to need the Best DUI attorney you can find. This is because Arizona DUI Law requires mandatory jail time for a conviction of any Arizona DUI Charge. Arizona has some of the toughest laws DUI in the country. Just one such DUI penalty is the AZ DUI jail sentence. It is mandatory for any person in Arizona convicted of a DUI. This includes a conviction resulting from a trial, plea agreement, or plead guilty straight to the court. Fair, or not, Arizona law makers have written it into law and neither the judge, or prosecution has discretion with the mandate.

Arizona DUI laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or misdemeanor Arizona DUI charge. This will increase quickly to 30 days for an Arizona extreme DUI, then 45 days for an Arizona Super Extreme DUI. The maximum jail sentence for any single misdemeanor DUI charge in Arizona is 180 days.

You have probably heard about Arizona's "Sherriff Joe" and "Tent City". If you are in Maricopa County, Arizona and you have to serve jail time for a DUI conviction you will most likely go to Maricopa County Sheriff Office Joe Apraio's "Tent City". Your jail time s served outdoors. Yes, in the cold of winter, or the excessive Arizona heat of summer, known to have reached a sweltering 121 degrees or higher in some desert areas.

A common myth is that if you get stopped by the police and charged for an Arizona DUI will you automatically go to jail. However, that is not necessarily true. The key here is you must be convicted of an Arizona DUI, not just charged. That is why you need a good Arizona DUI lawyer who will fight for your rights and attempt to either get the DUI dismissed or get the charges reduced to a non-DUI conviction with no jail requirement and/or substantially reduced other penalties. There are some criminal charges that a top rated Phoenix DUI lawyer might recommend you fight on your own...But an Arizona DUI charge is not one of them.

Phoenix, DUI Attorney - AZ DUI Laws

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix Criminal Attorneys

Arizona DUI Law gives Police authority to impound your vehicle if you are charged with an Arizona DUI in certain cases. The vehicle you were driving can be impounded as a result of your Arizona DUI charge even if you are not the owner.

Vehicle Impound Laws (Arizona Revised Statute 28-3511)

Your vehicle was impounded for one or more of the following reasons:
a. The person driving the vehicle has a revoked license for any reason, a suspended driver's license for a DUI conviction, a suspended driver's license for violation of §28-3306 (points), a suspended driver's license on a previous conviction, OR has never been issued a license in Arizona or any other jurisdiction.

b. The person driving the vehicle has a revoked, suspended or canceled driver's license or has never been issued a license in Arizona or any other jurisdiction AND there is no evidence of mandatory vehicle insurance and vehicle registration AND the driver of the vehicle was in an accident with property damage, injury or death of another person.

c. The person driving the vehicle was arrested for Underage DUI (§4-244), Extreme DUI (§28-1382) or Aggravated DUI (§28-1383).

In simple terms: Your vehicle may be impounded for 30 days if the driver at the time of the traffic stop or collision you did not possess a valid driver license or record of a driver license, had a revoked, suspended or canceled driver license, was under the age of twenty one years with alcohol in his/her body, arrested for Extreme or Aggravated driving under the influence.

This mandatory Arizona impound law applies to the vehicle the offender was driving, even if you are not the owner of the vehicle. This Arizona impound Law is separate from any Arizona DUI or other criminal charges.

You have 10 days to request a hearing to determine if the vehicle will be eligible for early release. However, check with the local authorities for specific procedures regarding the timetable, hearing and procedures.

28-3514. Hearings; notice of immobilization or storage

The owner, the owner's spouse, the lien holder or other interested party has the right to:
a. Request a Post Storage Hearing (§28-3514) within ten (10) days from the date of the enclosed Vehicle Impoundment Notice for the sole purpose of determining the validity of the impoundment or to determine whether the vehicle may be released before the end of the 30-day period.

Important Note: The city where your vehicle was impounded may have additional or different procedures that must be followed. Be certain to check your city procedures as well.

Phoenix DUI Lawyer

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney
James Novak. Valley-wide Service.