Defending Arizona Extreme DUI Charges
"Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer".

Extreme DUI Penalties Arizona, AZ
An Arizona DUI is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined through use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the AZ DUI penalties and sentencing will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Arizona
Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer. There are many defenses that can be used by a good Arizona extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
It makes no difference if your extreme DUI was in Mesa AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, or Scottsdale AZ, the extreme DUI charges fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Arizona Extreme DUI Attorney
Your AZ DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation. Understand that there is a great deal of difference between knowing what the defenses are, and utilizing them through the legal effectively. This takes a lot of skill, training, education, litigation & defense experience, and some element of "thinking outside the box" or creativity. This is one of many reasons why you need the legal representation of a good Arizona DUI lawyer, who defends cases in Arizona AZ on a regular basis.

Some defendants facing extreme DUI charges in Arizona feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Arizona on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation and more (and was far more costly than if they had hired a Arizona Extreme DUI Attorney). It makes the prosecution's job easier if you don't hire a good and assertive private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Arizona DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Arizona Courts and processes can be an overwhelming maze to get through without an experienced Arizona DUI attorney who deals with it on a daily basis.

With a good Arizona extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. An Arizona DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Arizona Court, defense strategies, examining evidence and challenging it to defend your Arizona DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Arizona DUI Attorney" »

Mesa Extreme DUI

"...with a Mesa extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase."
Extreme DUI Penalties Mesa, AZ

A Mesa DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. The Mesa police usually find out a driver's BAC by means of a breathalyzer machine test or blood sample test. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses Mesa AZ
Defending an Extreme DUI in Mesa, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Mesa AZ Court on a regular basis. There are many defenses that can be used. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Mesa extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Extreme DUI Lawyer Mesa, AZ
Your Mesa DUI Attorney will explain Arizona DUI Laws, and defenses, and your constitutional rights in your situation. Know that is a great difference between knowing defenses are, and executing them in order to challenge evidence and charges. This is why you need the defense of a good Mesa DUI lawyer, who defends cases in Mesa AZ on a regular basis.

Some people charged with extreme DUI in Mesa AZ feel that out of necessity they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Mesa on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing, jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Mesa Extreme DUI Attorney. Also, it makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Also, there may be important evidentiary or constitutional right issues that may have perhaps seemed unimportant or even meaningless to you, but are actually material to your defense. A good Mesa DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Mesa Court and processes can be an overwhelming maze to get through without an experienced Mesa DUI attorney who deals with it on a daily basis.

With a Mesa extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Mesa DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Mesa Municipal Court, defense strategies, examining evidence and challenging it to defend your Mesa DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "MESA DUI ATTORNEY AZ" »

A Good DUI Attorney will fight to get your Arizona DUI charges Dismissed!

"Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona DUI charges."

If you face Arizona DUI charges you will need to hire an Arizona DUI Attorney who defends cases regularly in the Arizona Courts. Many good Arizona DUI Attorneys will provide you with a Free Consultation. When you decide, make sure the DUI Attorney you chose has a proven record of defending Arizona DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Arizona DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight an Arizona DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Arizona DUI charges is an extremely important decision. Second chances at freedom are rare. There are many Arizona DUI Lawyers. But your challenge is to find a good one. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need someone to help you get yourself convicted. And you certainly don't want to pay for it! You need a good Arizona DUI lawyer to defend your Arizona DUI charges. 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 Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded free of charge www.arizonacriminaldefenselawyer.com.

Arizona DUI convictions carry harsh. Arizona has some of the toughest DUI laws and punishments in the United States. Even a first time Arizona DUI conviction can be devastating. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Arizona DUI charges. A DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, and whatever the
Court deems necessary and appropriate for your situation.

Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona court systems are a maze of strict rules, guidelines, and protocols it must follow. You will need a strong Attorney an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Arizona DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

An Arizona DUI has many facets which must be examined and can be challenged. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things an experienced private practice attorney will pick up on after years and year of litigation and experience. These are the types of things that teachers don't teach and law books don't include in an Attorney's law school experience alone. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that should be examined include but are not limited to: violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Arizona Criminal Defense or DUI attorney. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona DUI charges.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona DUI Lawyer " »

Your chances of getting your Arizona DUI dismissed increase drastically if you hire a DUI attorney in Arizona. There are many reasons for this. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book written by James Novak, Arizona DUI and Criminal Defense Attorney:

"The police have already done their job and charged you with Arizona criminal DUI. You have a lot at stake including adverse effects to your job, driver's license, family, finances, children, future and freedom. The case is already in the court system and your file has been attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? Yes, but true. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if any your constitutional rights were violated in anyway. That is not their job and they are too busy for that anyway. Their job is not to protect you, provide a defense, or help to find a way to minimize the adverse impacts to you due to the charges. They prosecute and convict. If you are looking for the Judge to be in your corner, look again. He's not either. The Judge does not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper

Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an Arizona Criminal and DUI Defense Attorney to build a strong defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

If you have been charged with any Phoenix DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona DUI Defense | Why you need an Arizona DUI Attorney " »

"An Experienced Mesa DUI Lawyer may be able to
reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely."

Mesa DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction includes mandatory jail or prison sentences depending on the severity and classification and circumstances surrounding your Mesa, AZ DUI charges, and the circumstances surrounding your DUI charges and arrest. If you have been charged and arrested, you still have a constitutional right to a defense. A DUI charge is not yet a DUI conviction. A Mesa Drunk Driving charge is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Mesa DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Mesa DUI Attorney's job is to use every available means through legal channels to do that.

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

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

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

• First DUI (non-extreme) .08+ BAC..................24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ..........................30 Days in Jail
• Second DUI Extreme .15+ BAC.........................120 Days in Jail
• First DUI Super Extreme .20+ BAC....................45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison

The Mesa Court and Mesa Prosecutor will not do anything to help you defend your case. They want Mesa DUI convictions. If you choose to go unrepresented (not recommended), basically your side of the story will be ignored. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Mesa Court, you may unknowingly be incriminating yourself further. The Mesa Prosecution and Mesa Court gets a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could make matters worse.

Your AZ DUI Attorney defending your in Mesa Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona law and changes in Arizona State law, Case law (other cases that may effect yours), and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Mesa Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf with the goal of make your rights are not violated, and that your future and freedom are protected.

If you have been arrested for any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Mesa DUI Penalties Require Jail Time For Arizona DUI Convictions" »

A Mesa DUI Defense is something that allows your Mesa DUI Lawyer to file Motions to Dismiss the charges or suppress certain evidence that Prosecutors would otherwise use against you in their attempt to convict you of Mesa DUI charges. Your Mesa DUI Defense Lawyer may at times be able to present a specific defense which will allow for a negotiated dismissal or reduction of the Mesa DUI charges.

A good Mesa DUI attorney or DUI lawyer who defends DUI charges frequently in Mesa are familiar with what defenses can be used to challenge a the prosecutions evidence against you. Below is a list of primary categories of defenses that are often used to fight DUI charges in Mesa. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

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

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Mesa DUI charges, classifications, and laws fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country for DUI charges. Even a first time DUI in Arizona carries mandatory jail, and court ordered court ordered use of an interlock ignition device to be installed in your vehicle. Mesa Arizona Prosecution wants DUI charges convicted. It makes no difference, who you are, or that fact that you do not have a criminal record. Mesa is looking for DUI convictions, and will do everything within their authority to get them.

If you have hired a good Mesa DUI attorney or Arizona DUI lawyer your chances of getting your charges dismissed or reduced significantly increase. Your DUI lawyer defending your Mesa charges an will use every appropriate defense in an attempt to challenge the prosecutor's case, get your Mesa DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

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

Continue reading "Mesa DUI Attorneys| Mesa Defenses " »

A Good Mesa DUI Attorney will challenge all evidence possible to get your DUI charges Dismissed!

"Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges."

If you face DUI charges in Mesa, you will need to consult a criminal defense attorney or DUI Lawyer who defends all types of criminal charges and DUI charges in Mesa Arizona on a regular basis. Make sure your Arizona DUI Lawyer is has a proven track record of defending Mesa DUI cases, knows the Arizona DUI laws which are constantly changing, Case law that may affect your case, breath and blood testing issues; and police and handling protocol. But most importantly, you need to know that the Arizona DUI attorney defending your Mesa DUI charges will make active efforts to defend your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Mesa DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Mesa DUI charges is an extremely important decision. There are many Arizona DUI attorneys. But the good ones are not so easy to find. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Mesa DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Mesa DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws and penalties in the United States. Even a simple first time Mesa DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Mesa DUI charges. A DUI conviction of any kind can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Mesa are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Mesa Arizona to provide you will legal representation. A good DUI Lawyer will do everything possible to build an effective Mesa DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Mesa DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be evaluated and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's evidence and deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Mesa regularly. Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »

Defending Tempe Felony DUI Charges

"The Best Possible Defense against Felony DUI or Aggravated DUI Charges is A Good Tempe DUI Lawyer"

If you have been arrested in Tempe Arizona for a Felony DUI, it did not take long for you to find out, how serious the charges are. Arizona DUI laws are extremely tough on Felony DUI offenses also known as Aggravated DUI charges. A conviction will result in very serious adverse impacts that can last a life-time. In order to protect your future and your freedom it is necessary to consult and hire a Tempe DUI attorney with a successful track record of defending and litigating Tempe DUI charges.

The best possible defense against Felony DUI or Aggravated DUI Charges is a Good Tempe DUI Lawyer. The DUI Attorney you choose must a clear understanding of all the defenses that are available under the law to build and mount an effective defense on your behalf. With the right Attorney, under the right circumstances, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. There are many defenses that can be used, and evidentiary issues issues that can be challenged. Many of these defenses are cited and listed in detail with discussion in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded free of charge and no obligation to purchase or hire, just free information at www.arizonacriminaldefenselawyer.com.

Below are examples of just a few categories of defenses that can be used to suppress
Evidence, and used to negotiate with prosecutors to get charges lowered or dismissed completely:

• No Probable cause for arrest
• No Reasonable suspicion for the traffic stop
• Invalid or unreliable field sobriety tests used
• The Officer was not properly certified to conduct lab or other toxicology test
• Mishandling of evidence
• Errors in blood alcohol testing
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search or seizure conducted
• Violations of your Constitutional Rights in the arrest process or other phases

There is too much at stake to just take a Felony DUI conviction. Although that is what the State and prosecution would want you to do. It makes their job easier when you go unrepresented by a good private practice Tempe DUI Attorney. They are not the ones who must live with the consequences of such conviction. They don't care who you are, or how it will effect you. They just want the conviction. You must have a strong Tempe criminal defense or Tempe DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you.

Tempe Felony DUI convictions have higher penalties, increased incarceration of that may include 4 months or more in Tempe prison. Additional penalties include:

• Driver's License revocation
• Probation Term
• Mandatory Ignition Interlock device installed at your expense
• Drug/alcohol Counseling or treatment program
• High costs and fees
• Restitution if applicable
• Whatever else the Court deems appropriate

The punishments for any Arizona Felony DUI charge is so severe that some people just give up all hope. But you can give yourself a fighting chance by getting a dedicated defense attorney to provide you with a strong defense. Most good Tempe DUI Lawyers will provide you with a free consultation to discuss your case. Make you will be talking directly with an Attorney and not a sales or administrative staff assistant from the Firm you are interested in hiring. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. A good Tempe DUI Attorney will use every means available to make sure you get the best outcome possible on your case.

If you have been charged with any Tempe Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe DUI, Tempe Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Tempe criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe Felony DUI Attorney " »

Mesa DUI Attorney Who Can Fight Your Mesa Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges."

If you were arrested for a Mesa Felony DUI you will need to contact a DUI Attorney with a great deal of experience in defending Mesa DUI charges. Arizona Felony DUI charges are very serious offenses. Mesa Police and Prosecution want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Mesa Felony DUI convictions have more sever punishments than Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Mesa can include up to 4 months or more in prison, on top of other increased penalties such as fines fees, restitution, loss of driver's license, mandatory Ignition Interlock device, probation and whatever the court feels is appropriate based on your circumstances.
Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges. Your Arizona DUI Attorney must have a vast of amount of criminal defense and DUI litigation experience, special training, and education, and the ability to use all possible defenses available under by Arizona law to build and mount a successful defense against the prosecution's Mesa Felony DUI charges against you. With a good Mesa DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence they plan to use in an attempt to convict you of a Mesa Felony DUI or Mesa Aggravated DUI. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a Mesa Felony DUI case, depending on your circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© written by successful and proven DUI Defense Attorney, and Author James Novak. Abridged versions of his Arizona winning defense strategies series of books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you.

There is a big difference between knowing your defenses. and knowing how to utilize them through the proper legal channels and court to challenge evidence and charges. A good Mesa DUI Lawyer knows exactly what to do and how to do it. Many people make the mistake of trying to represent them selves without hiring an attorney. This can be very dangerous. You may be innocently think that what you are saying or doing is helping your case, when in fact you may be incriminating yourself and helping the prosecution's case further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Mesa Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you.

Below are examples of defenses that can often be subject of consideration by your DUI Attorney to be used to negotiate a complete dismissal, of the Mesa Felony DUI charges, reduction in sentencing or suppression of evidence:
• There was no "Reasonable Suspicion" to justify the stop by police.
• There was no "Probable cause" to arrest you. ("Probable Cause" to arrest is a higher standard than a "Reasonable Suspicion" to stop).
• Validity or reliability of the field sobriety tests is questionable.
• The officer's credentials, certifications or competence is in question.
• Evidence was mishandled during obtaining, storage or transportation.
• The results of multiple tests are too far apart and raise questions as to validity and accuracy.
• Too much time went by before the Portable Breath Test (PBT or preliminary breath test), and official breath with the test was conducted.
• The arrest was made simply due to the results of the PBT which is not calibrated, properly maintained, or considered official.
• The environmental or landscaping conditions which existed during the field sobriety tests did not meet the required standards for accurate test results to be obtained.
• You had a medical condition which prohibited you from performing the field sobriety tests putting you at a disadvantage.
• You had a digestive medical condition which caused the breath tests to be inaccurate.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Expired dates or improper storage of drug kits were used which compromised the accuracy of test results. .
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your State or Federal Constitutional Rights exist.

Defenses such as these and many more need to be pursued and your case presented by an experienced, specially trained, and proven Criminal Defense Attorney or Mesa DUI Attorney who knows exactly what needs to be done and how to use such defenses in your favor. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

If you have been charged with any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »

AZ DUI Attorney can help you beat your Arizona DUI!

Arizona has some the toughest DUI laws in the United States. If you have been charged with a DUI in Arizona, you should consult an AZ DUI Defense Attorney as soon as possible. Choose a private AZ DUI Lawyer, whose AZ Law Firm is devoted to providing AZ legal representation exclusively for AZ Criminal and DUI Defense cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing AZ DUI laws, AZ Courts and protocol, AZ Judges, AZ Prosecution, and most importantly AZ DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge in Arizona can be fought and dismissed, with the right AZ defense attorney representing you. Your chances of getting a case dismissed, charges reduced, evidence suppressed or any favorable resolution, and are drastically increase when you hire a good AZ DUI Lawyer.

Below are brief examples of defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book. This will give you a flavor of just a few defense strategies a good AZ DUI defense Attorney might use to defend you as :

ILLEGAL STOP: "NO REASONABLE SUSPICION OF TRAFFIC OFFENSE"
The United States Supreme Court has held that an officer must have reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is driving intoxicated. These types of actions are seen commonly
in unimpaired drivers.

NO PROBABLE CAUSE TO MAKE THE ARREST
The burden on the Arizona police is greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" of DUI. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

INCOMPLETE STOP BY DRIVER
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.

WEAVING WITHIN THE LANE
A motion may be filed to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Does the swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal

SPEEDING ALLEGATIONS -NO PROOF - OR NOT RELATED TO DUI
Some research shows no link between drunk driving and speeding. Drivers exceeding the speed limit are not more or less likely to be impaired than any other driver. Thus, speeding alone does not substantiate probable cause to suspect you of DUI. Also, the defense must produce proof of your actual speed. (Did the officer estimate your speed by observation, by pacing, or speed detection equipment?) If no evidence exists, the
issue of speeding should also be challenged.

DUI SOBRIETY CHECKPOINT STOP - POLICE DEVIATED FROM RANDOM STOP REQUIREMENT
According to (NHTSA) guidelines, the police officers should adhere strictly to the formula that was dictated in advance by the police force management or other locale managing authority, as to which vehicles will be stopped at the checkpoint. (For example: every 3rd, or 4th vehicle or some other random mathematical formula.)

DELAYS IN TRANSPORT
Did you experience a long delay in being transported to a chemical testing site?
According to (NHTSA) guidelines, the logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.

STAGGERING OR SWAYING NOT THE RESULT OF DUI
The officer will record anything and everything possible to stack the cards against you, to get a DUI conviction. You may at times be along side of a street or highway with fast moving traffic. There may be gravel on road. You may be wearing high heels. You could be recovering from a leg or foot injury which would cause a different stance or exit from vehicle. Or you many have another medical condition that causes this type of movement in your gate or walk typically. Or you are just simply nervous because of the ordeal. If you are reported to have struggled to get out of your vehicle, issues can be challenged related to restrictions in the vehicle such as a larger person exiting a smaller vehicle. Other mechanics of the vehicle could be restricting such as trying to get out of a seat-belt that has mechanical problems unlatching.

OPENED CONTAINER WAS NOT YOURS
If the car was borrowed or you have or previously had passengers in the vehicle,
the police will attempt to attribute the open container of alcohol to the driver. However, it may not be yours. You may not have even known it was there in the first place, particularly if the car did not belong to you and you were simply a permissive user of the vehicle.

BREATHING PATTERNS
Were you instructed to breathe continuously into the device for more than 10 seconds?
Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.

Download a FREE PDF abridged version of the book now. Just visit www.arizonacriminaldefenselawyer.com . There is no cost, no obligation, and no personal information is required to download the free book of "101 DUI Defense Strategies". Winning Arizona DUI Defense Strategies Book.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Contact an experienced Arizona DUI Lawyer for your Arizona DUI Charges " »

How To get Your Arizona DUI Charges Dismissed!

If you have been charged with an Arizona DUI, you have already learned that Arizona has some of the toughest DUI laws and DUI penalties in the Country. What you need now is to contact a good Arizona DUI attorney, the sooner the better. You may be feeling helpless against the prosecution at this point. But there are things you can do in conjunction with the guidance of your Arizona criminal attorney, to take control your DUI charges. It will require some actions on your part. But it will be well worth your time, if the results turn out to be a dismissal or reduction of your charges.

Here are just a few items out of "24 things" from the third DUI Defense book from the Arizona DUI Winning Defense Strategies Series by Author: James Novak, Arizona Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Write, Type, or Document in some form a Detailed Narrative of the Incident As You Recall It:
Your Arizona DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Mesa DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Arizona drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Arizona law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Arizona.

Eating and Drinking:
Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. Try to remember how long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place. Try to recall where was the location of the stop and results of each breath or blood test.

Contact the Arizona MVD If You Want a Hearing:
In most cases the Arizona police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Photographs of the Location of the Stop or Arrest:
Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Therefore, photograph anything that is related and referenced by the police such as objects that may have been hit or otherwise barriers such as other vehicles, light signals, trees. Also include mechanical items that were broken or failed such as turn signal lights, brake lights, taillights, a stop sign or traffic signal you may have been accused of disobeying, any surrounding barriers such as long branches or trees covering a sign or signal, or large utility truck or bus stopped in front of a traffic signal blocking its' view, or low branches, electrical lines that may have been covering the view of the sign or signal. Document weather conditions and landscaping such as large snow drifts blocking a sign, large hail stones slamming on to your windshield and the like. Note, a photo of the scene of the arrest and/or sobriety testing, photo or video of the terrain or landscaping, damage to a vehicle, injury to you or others may be critically important later when the actual evidence has disappeared.

Consult an Arizona DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Arizona DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

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

Continue reading "ARIZONA DUI DEFENSE " »

Arizona Criminal Attorney
If you have been arrested in Arizona for a criminal defense, try to remember that you are innocent until proven guilty in a court of law. Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime. But you must consult and hire an Arizona Criminal Defense Attorney for any chance at all of getting your Arizona Criminal Charges dismissed, reduced or other favorable outcome in your case. The Arizona court and Arizona legal system is complex; the Arizona criminal laws are strict; and the Arizona criminal penalties and sentencing is harsh; The Arizona Prosecution and the State of Arizona have the job of getting a conviction. You will need a strong and experienced Criminal Defense Attorney to defend your charges against the state and the system.

"Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime."

You should, as soon as reasonably possible consult an experienced Arizona Criminal Lawyer to make sure your rights were not, or will not be violated. If hired, they will gather and examine all evidence possible to build and mount a strong defense, and help you to understand the process from start to finish. You will not have any other legal allies in the process. The judge can only rule on effective motions, evidence produced or jury decisions. Do not expect them to give you sympathy, help, or any breaks in the process if you do not have any attorney. In fact, it just makes the prosecution's job that much easier. And all the judge has to rely on and make his decisions are the motions, and evidence produced by the Prosecution. Do not help them to incriminate you by going unrepresented by a private attorney.

Most Top Arizona Criminal Defense Lawyers Give Free Initial Consultations.

Choosing an Attorney may be one of the most important decisions you will make relating to your criminal matter. Contact at least one or two Arizona Criminal Defense Attorneys. The consultations are usually free. Don't pay for one. Repeat--don't pay for an Arizona Criminal Defense Consultation. Almost all top Arizona criminal defense firms provide FREE consultations. Speak or meet with them, make sure you are comfortable with their high level of skill, training, education and experience in Arizona criminal defense and litigation in the court room regarding the criminal charges you face.

Regarding Arizona Criminal Defense Attorney fees, get quotes. You will find that many top Arizona Attorneys, not only provide free consultations, but are affordable. And a final word of caution, paying more, does mean you will get a better Attorney. Paying less does not mean you will get less effective legal representation. You should hire the Arizona Criminal Defense Attorney you feel will be the most likely to get the best outcome in your case. Your future and your freedom at stake, choose wisely.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Arrested in Arizona " »

When a DUI Becomes a Felony DUI
Arizona has the some of the toughest DUI laws and penalties in the country. Even the most basic misdemeanor Arizona DUI carries harsh penalties. But the penalties in Arizona are so extreme in aggravated DUI charge, that it can be catastrophic to your life, family, job, future and freedom. Aggravated DUI Felony Penalties are designed to punish repeat offenders, and those who may be endangering a child, if they are drunk driving in Arizona with a child under 15 in the vehicle.

The main difference in the penalty from a Misdemeanors DUI conviction and an Aggravated Felony DUI conviction is the incarceration time which can be much longer. An Aggravated DUI Felony conviction penalty may include a more lengthy incarceration and can be either in jail or prison rather than a shorter jail sentence than that of a Misdemeanor DUI. The second main penalty distinction is the exorbitant fines and license revocation for three years. This is a very serious matter, and one that should not be taken on, without an experienced Phoenix DUI Lawyer to defend you. If you are charge an Aggravated DUI Felony, make sure you hire an attorney who defends these types of Arizona DUI charges on a daily basis, is well versed in the law, court systems in the jurisdiction for which you were charged, and is extremely knowledgeable in defense strategies. Your Arizona DUI defense attorney should exhaust all avenues to attempt to get your cased dismissed. If this is not possible, they will make every attempt to get the charges lowered to a Misdemeanor DUI.

EXAMPLES OF AGGRAVATED DUI - FELONY

An Aggravated Felony DUI charge is the result from the following factors:
• 3rd DUI offense in 7 years
• DUI while driver's license is revoked, restricted or suspended
• DUI arrest when there is a child under the age of 15 years old is in the vehicle

Aggravated Felony DUI Penalties:
Subject to 4 months in Jail or Prison. (If record is clean with no prior felony convictions.)
Up to $150,000 plus 80% surcharge
$1500 prison assessment
$250 abatement fee
Evaluation Costs
Drug or Alcohol Treatment & Counseling Costs
Probation Fees
Driver License revoked for 3 years
Court ordered Ignition Interlock Device at defendant's expense

Some people tend to "give up" when charged with an Aggravated DUI Felony and feel that their live is over. Thousands of people just like you have received aggravated Felony DUI charges, including from doctors, attorneys, teachers, school principals, nurses, airline pilots, politicians, professors, engineers, singers, sports players, celebrities, ministers (it's true), sons, daughters, moms, dads, grandmothers, grandfathers, you name it. Anyone can get a DUI, Drug DUI or a Medication DUI in Arizona especially with such strict Arizona Laws. It does not mean your life is over. It does not mean you are a criminal. It simply means you are human, and all humans make mistakes, error in judgment, and go through tough times. But the worst mistake you can make after being charged, and arrested for an Aggravated Felony DUI is to do nothing. It is extremely important that you consult an experienced and proven Aggravated Felony DUI defense attorney to defend you. It will be one of the most important decisions you will make in a lifetime.

Continue reading "ARIZONA DUI LAWYER Felony Aggravated DUI Law and Penalties " »

The State of Arizona has some of the DUI laws in the country this includes the misdemeanor Arizona DUI penalties. An Arizona Misdemeanor DUI is considered a crime in Arizona. It is important to hire an experienced Arizona criminal defense attorney that defends charges of Arizona DUI on a daily basis, if you have been charged with any type of DUI. Attempting to defend your self against the state for any type of DUI is dangerous. Hiring a experienced Defense Attorney can mean the difference of getting the maximum sentence allowable by the strict laws in Arizona or getting or charges dismissed, a not-guilty verdict, or getting the charges brought down to a lower level. Below are examples of basic DUI sentencing charges, fines fees, and penalties:

Arizona Misdemeanor DUI Criminal Offenses can include the following charges:
• Impaired to the Slightest Degree
• Driving With a BAC Over 0.08%
• Driving With a BAC Over 0.15%
• Driving With Drugs in Your System
• DUI in a Commercial Vehicle
• Underage DUI

Arizona Misdemeanor DUI Criminal Offense Fines Fees and Penalties can Include the following:

1st Arizona DUI Charge Conviction (non-extreme)
1 day in jail
$250 fine + 80% surcharge
$500 prison assessment
$500 DPS
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona DUI Charge Conviction (non-extreme)
30 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

1st Arizona Extreme DUI Conviction
30 days in jail
$250 fine + 80% surcharge
$1000 prison assessment
$1000 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona Extreme DUI Conviction
120 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$1250 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

Juveniles Convicted of DUI (Someone under the age of 18 First Offense
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours

Juveniles Convicted of DUI (Someone under the age of 18) Second Offense
30 days detention
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours.

NOTE: The above Chart Does NOT include the following for which penalties; incarceration, fines fees and penalties are much harsher: Felony Aggravated DUI, Repeat Aggravated Felony DUI, First or Second DUI convictions if the DUI Defendant's license was restricted or revoked, First or Repeat DUI convictions if the Defendant charged was driving with a child in the vehicle.

Continue reading "Arizona DUI Penalties Laws Attorneys " »

10 Ways an Arizona DUI Attorney can help you beat Your DUI!

Arizona has some the toughest DUI task forces and DUI laws in the country. If you face DUI charges in Arizona, you should contact an Arizona DUI Defense Attorney as soon as possible. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing Arizona DUI laws, Arizona Courts, Judges, Prosecution, and most importantly Arizona DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge can be fought and dismissed. Just because you have been charged doesn't mean you will be convicted. But your chances of getting it dismissed, charges reduced, evidence suppressed, or any favorable outcome are drastically reduced unless you hire a good Arizona DUI Lawyer.

"Just because you have been charged with an Arizona DUI doesn't mean you will be convicted."

Below is a sample of 10 defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case:

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

POOR SOBRIETY TESTS BASED ON LOCATION WHERE THE POLICE OFFICER CONDUCTED THE TESTS:
Were your sobriety tests conducted with climate, environment, or landscaping disadvantage to you?
Most of the time these exercises occur on the side of the road at the location the vehicle was stopped. The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS:
Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. Many people do not understand what the police officer is actually looking for when he/she performs this test. Some people think they just need to follow the pen. This test, however, purportedly measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

BREATH TEST OPERATOR UNLICENSED
Did the breath test operator possess a valid, unexpired operator's license?
If not, the DUI breath test result is inadmissible.

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE
Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks. If the maintenance records do not reflect that it has been serviced regularly, or records do not exist, this evidence may be suppressed. The records must be kept to include maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

IMPROPER PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

BLOOD KIT
Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.

IMPROPER TEST TIMING, PROTOCOL, PRESEVERATON OR TRANPORT OF URINE SAMPLE
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

OFFICER NO LONGER EMPLOYED
Was the arresting police officer fired, resigned from the police force, deceased, or otherwise unable to testify against you at trial?
If so, the prosecution would not have this specific officer to give testimony at trial, which is crucial to the prosecution's case.

RISING BAC
Was your blood drawn within three hours of consuming your last alcoholic beverage?
It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.

DENIAL OF RIGHT TO OBTAIN EXCULPATORY EVIDENCE
Were you denied the right to obtain evidence in your defense?
Every defendant accused of a criminal offense has the constitutional right to independently seek evidence that may help their defense. For instance, if your DUI/DWI charge was based on a blood draw, you have the right to obtain an independent blood test sample. If the police deny you a "fair chance" to obtain exculpatory evidence, your constitutional rights have been violated. Most police officers routinely maintain a second blood sample for the defense to test. However, to be on the safe side, it is a good practice for the defendant to also request a second sample be retained for defense. If the police fail to preserve a sample for defense testing, whether you asked or not, a motion for dismissal may be in order.

(You can download a FREE PDF abridged version of the book www.arizonacriminaldefenselawyer.com at no cost, and no obligation. No personal information is required. )

Continue reading "Arizona DUI Lawyer | Arizona DUI Defenses " »

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..."

(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
  

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
  

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

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.