Phoenix DUI Lawyer Blog

AZ DUI blood testing is considered to be the most accurate form of testing for determining AZ DUI blood alcohol content (BAC). However, that does not change the fact that many errors can still occur in the Arizona DUI blood testing process. Arizona DUI laws require that specific protocol and procedures be followed for blood collection. If these protocols are not strictly followed, and standards met, it could cause blood test results to be inaccurate. In that event, the blood evidence may be thrown out, leading to a case dismissal of your Arizona DUI.

The following are some factors that could affect the accuracy of blood test results:

1. Use of Contaminated or faulty medical equipment

2. Improper method used to draw the blood

3. Improper storage or transportation of the blood sample

4. If a test subject has anticoagulants present in their blood, this can result in an inflated and inaccurate BAC test result

5. The drug testing or narcotic identification kit could be expired

6. Rubbing alcohol could contaminate the blood sample

7. Too much preservative in the vacuum tube could result in an inaccurate reading

8. Lab technicians could mix in too much salt which will artificially inflate results

9. Results could be inflated if only blood serum or plasma is tested instead of whole blood.

If you are stopped for suspicion of driving impaired and the police request and you agree to a blood test then only a person trained in blood withdrawal can take your blood sample. The person responsible should be careful not to allow alcohol from a swab to contaminate the blood drawn.

Arizona DUI prosecutors claim that blood testing machines are accurate to within 5%. But many Arizona DUI defense attorneys and experts will tell you that they are not nearly that accurate as they claim to be. Problems exist in operation error or sample collection procedures that can cause the results will be unreliable. Top Arizona DUI Attorneys recommend you request a second sample to be taken at the same time or as close as possible to the first, for your AZ DUI Lawyer to have retested independently for evidence in your Arizona DUI Defense.

Continue reading "Defense for DUI in Arizona: Inaccurate DUI Blood Tests" »

Arizona DUI police and prosecutors use breath, blood and urine to prove its case to the jury and seek an AZ drunk driving conviction. The breath test is usually given at the police station or in the AZ DUI van. This breath test is not without its faults and is highly susceptible to error. If the breath test is not given properly, then it will not accurately measure your blood alcohol concentration. A good Arizona DUI Lawyer may be able to file the appropriate motion to ask the judge to throw it out.

Below are some factors that can impact the accuracy and reliability of breath test results:

Temperature of Your Breath
The breath test works on the assumption that your breath is 34 degrees centigrade. Studies done with this equipment have shown that the real average breath temperature for people who have been arrested on a DUI/DWI is closer to 35.5, with some as high as 37. Thus, any error in quantification of the person breath temperature could provide incorrect blood alcohol content (BAC) results.

How Fast the Body Eliminates Alcohol
Another assumption on the part of the breath testing machine. Not all persons metabolism is the same, but the breath test machine assumes that everyone is the same. A person whose body gets rid of alcohol slower will have a higher BAC than someone with a faster metabolism. If you have a slow metabolism, you might still be absorbing alcohol by the time you take the test. If so, the machine will read your BAC higher than it actually is.

Belching, Hiccupping or Vomiting Prior to a Test
Part of the breath test mandates the officer to constantly observe you to verify that you have not belched, hiccupped or vomited within 15 minutes of taking the test. Constant observation is a rule that the officer must follow. If it is not followed, the results of the test may be called into question.

Inherent Margin of Error The breath machines have an acknowledged + 10% margin of error. Therefore, even when the device is calibrated and operating properly, it will still have a 20% range of error.

Mouth Alcohol The breath testing machines are frequently having difficulties distinguishing between alcohol in a person's mouth and blood alcohol. Contaminants in a person's mouth, such as, smokeless tobacco, denture adhesives, mints, and lip balm may also result in erroneous BAC results.

Operator Error Arizona DUI police often lack proper training in the use of the DUI breath test machines. Officers generally receive minimal training in the use of the device for purposes of AZ DUI Testing, and are not provided adequate written materials.

Despite efforts by the breath test machine manufacturers to detect these problems, they continue to result in many unjust Arizona DUI convictions, despite the fact they were innocent of Arizona Drunk Driving. Thus, another reason, to retain AZ legal representation from an experienced Arizona DUI Attorney who can provide you with the best AZ DUI defense possible.

Continue reading "AZ DUI Defenses: Inaccuracy of the Breath Testing Device" »

Arizona DUI Prosecution may not unreasonably prohibit or interfere with your Arizona DUI Lawyer's reasonable efforts to gain evidence that may assist in defending your Arizona DUI charges. Under the Fourteenth Amendment to the U.S. Constitution, the defendant has a due process right to collect independent scientific evidence of his or her blood alcohol concentration (BAC). Independent chemical tests are exculpatory evidence, (new evidence presented to help clear guilt, dismiss evidence or challenge an AZ DUI in this case).

Under AZ DUI laws, you do not have a choice of which test to take. The selection of blood, breath, or urine is up to the police at the time of the arrest. If you do not take the test requested by the police you will be deemed to have refused the test. If you do take a test, it is important that you request to have a second sample be preserved and given to you for purposes of having your Arizona DUI Attorney's own independent testing of the sample be completed. You have the right to obtain this second test sample. It is in the interest of your best AZ DUI defense to insist that your request for a sample be granted. Note, today under the current testing methods an independent breath is nearly impossible. However, a second blood test or sufficient urine sample should always be requested and preserved for defense testing and verification.

An additional review of police equipment may prove the breath test machine to be broken, or a blood test result inaccurate. Some top criminal defense attorneys, may direct you as soon as possible after you are released to proceed immediately to a hospital emergency room or your doctor and request that your blood be drawn and tested for alcohol levels. Further, if you wait too long, this test may not help you. Your independent test must be conducted promptly if it is to be of any use in your defense.

Keep in mind, you will be responsible for the cost of this test; the doctor or ER Services could be costly: And the costs may not be covered under your medical insurance policy. Next, the Arizona DUI testing methods, chain of custody or timetable may prove more of a hindrance than a defense. Lastly, hospital emergency rooms are busy with other medical emergencies, and may not consider providing a test to help your AZ DUI defense a priority. It is up to you to make the decision for the independent test or not. Do not rely on after the fact opinions. Most likely, you are reading this after getting charged with an Arizona DUI offense and make this issue moot.

Continue reading "DUI in Arizona: Legal Representation, AZ DUI Defense - Denial of Independent Test " »

Arizona DUI laws now limit how an AZ DUI Retrograde extrapolation defense can be used. This drunk driving defense provides a mathematical process by which someone's blood alcohol concentration at the time of driving. A blood alcohol content (BAC) is projecting backwards from a later chemical test. This is a fancy way of presenting that you were not driving illegally at the time of driving.

This process involves estimating the absorption and elimination of alcohol between driving and testing. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. This number may be different for each person's individual characteristics.

Metabolism can be affected by numerous factors, including such things as body temperature, the type of alcoholic beverage consumed, and the amount and type of food consumed. As always, if your have an experienced Phoenix DUI Lawyer, these factors should be discussed and factored into your specific Arizona DUI or DWI case.

Although this defense of drunk driving may be limited, a top Arizona DUI Attorney may still present it to the prosecution. The Arizona DUI Lawyer may present it as estimation of your BAC when driving; or by contradicting the results of the state's toxicology report; or by challenging the results of your Field Sobriety Tests (FTS).

If you have 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 provides legal representation to persons facing DUI & criminal charges valley-wide including Phoenix AZ Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert, AZ, and Mesa Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance

A common Arizona DUI arrest question is whether your DUI in Arizona can be dismissed because the Arizona DUI police did not read your Miranda rights or delayed in the reading. When stopped for an AZ DUI the police officer is not required to read you your Miranda rights immediately after the stop or after you're arrested for Arizona drunk driving.

The beginning phrase of the Miranda warning is "You have the right to remain silent. Anything you say can and will be used against you...." Most people assume that officers are required to read Miranda whenever they make any criminal arrest including a DUI arrest. That's not actually true.

There are two conditions that must be met before the police are required to read you your Miranda rights. First, you are placed under arrest. Second, in the event the officer continues to interrogate you. Your Miranda rights are to inform you that you don't have to answer any questions the policed asks you that would solicit incrimination statements. The Miranda rights are required when:

1. You're placed under arrest for DUI and the police continue to interrogate you.
2. "Under arrest" means that the Arizona DUI officer places you in handcuffs and into custody.
3. "Interrogation" means the Arizona police continue to ask questions designed to seek incriminating responses. This includes: "How many drinks did you have? What were you drinking? Do you feel intoxicated?"

Thus, if you are arrested for an Arizona DUI and are not asked and any questions about what occurred that could be used against you then there's no need for you to be read your Miranda rights, by the police officer. Normally, if you are not yet "in custody", as Arizona DUI law defines "custody", the Miranda rights need not be read. Word of caution: Police officers get around the Miranda requirement with DUI cases by asking questions before they arrest you, then whatever you say can go in the police report and be presented at trial, your DMV hearing, and used against you.

However, if the police didn't read you your rights and you gave incriminating statements harmful to your Arizona DUI defense, be sure to have an experienced Arizona DUI attorney review the facts to determine if anything you said may be suppressed or excluded from evidence as allowed by AZ DUI Law.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you have been charged with a DUI in Arizona, you should consult an Arizona DUI lawyer. When hired, an experienced Arizona DUI Attorney will gather and evaluate all the evidence. Based on the facts, he or she will determine what defense can be used in your case. A common defense utilized is Improper Administration of a Field Sobriety Test (FST). It is not unusual for the police officer to administer it incorrectly. A variety of reasons may also exist causing a person to perform poorly in absence of being under the influence of alcohol or drugs.

The National Highway Traffic Safety Administration (NHTSA) has established standardization guidelines regarding the administration of an FST in order for the results to be valid. Any non-standardized field tests performed by the officer, are invalid Arizona, unreliable, and can be challenged as evidence. (Neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, saying the alphabet, or counting backwards, as valid field sobriety tests.

Standardize testing may include the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and the One Leg Stand. NHTSA has set forth guidelines regarding Field Sobriety Tests (FST). The tests should not be given if the suspect:

1) is 50 pounds or more overweight;
2) is 65 years of age or older;
3) has any back, hip, leg, knee, or ankle injuries o has any disability effecting balance (past head injuries); and/or;
4) is wearing shoes with heels two (2) inches or higher.

Your attempting to do the FST is voluntary and you can refuse to do any of the field sobriety exercises mentioned above. Police attribute poor performance to possible intoxication and few people can perform the tests perfectly. Police tend to score and report your performance on the FST toward you being DUI, without taking into account the interest of Officer, nervousness, unnatural tasks, poor instruction for field sobriety test, and unfavorable conditions of environment.

So if you should fail an FST, do not fear the worse, that you will be charged with an Arizona DUI. Instead, try to remain as calm and polite as possible (easier said than done). Remember, that is just the beginning. Only an experienced Arizona DUI Lawyer can tell you what defenses you may have, to get your case dismissed, and avoid an Arizona DUI conviction, penalties, fines, and incarceration.

Continue reading "Arizona DUI Defense: Improper Administration of Field Sobriety Tests (FTS)" »

Your Arizona DUI Attorney can have your DUI in Arizona dismissed if there is "No Probable Cause to Arrest". The police officer must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest. Otherwise, the arrest is unconstitutional and invalid. Therefore, in this event, your Arizona DUI attorney can have your Arizona DUI case dismissed. This right comes from the Fourth Amendment of the United States Constitution. The amendment specifically requires among other things, that arrests and arrest warrants be supported by "Probable Cause".

"Probable cause to arrest" holds a higher standard than "reasonable suspicion to stop" or detain a driver for questioning. For example if you were stopped because the officer, with no other witnesses, saw you drinking out of what appeared to him or her to be an opened alcohol container, that would prompt justification for a "reasonable suspicion' to stop you, and merely to begin an AZ DUI investigation. It does not justify the "probable cause" standard needed to make an Arizona DUI Arrest. The police officer must still have "probable cause" to prove that the person is under the influence of drugs or alcohol, and as a result is impaired prior to making an arrest. The police officer needs more in the way of specific evidence and facts including but not limited to, field sobriety tests, breath tests, and/or chemical tests, "enough to cause a reasonable person to believe that a crime has been committed." The judge needs to hear this actual evidence and specifics, not just assumptions, conclusions made by a police offer or the prosecution.

It is your Arizona DUI attorney's job to make sure your rights are protected and have not been violated if you have been arrested for an Arizona DUI. You have the right to a defense. You should make sure that Arizona DUI Lawyer you choose to defend your Arizona DUI is experienced and knowledgeable about Arizona DUI laws, and drunk driving defenses, and your constitutional rights. That choice can make all the difference in the outcome of your AZ DUI case and your future.

Phoenix, DUI Lawyer - Arizona DUI Attorney

Continue reading "Beat Your DUI in Arizona: No Probable Cause to Arrest Defense" »

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! " »

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.

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 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.