DUI Attorney in Gilbert, AZ
Gilbert DUI Arrest
Gilbert police have earned a reputation for aggressively patrolling, seeking and arresting drivers Gilbert DUI, DWI, Drunk Driving, or DUI with Drug Charges. People have reported that the Defendants often report that the Gilbert police hiding out at restaurants and bars targeting the patrons. They will be parked with their lights out and track someone walking out of the building and driving away. Then stopping and charging for Gilbert DUI. They even have highly trained special drug DUI units and motorcycle patrol teams targeting DUI, and the Gilbert Prosecution wants DUI convictions, which they pursue relentlessly.
Gilbert Criminal Charge Arraignment and Gilbert DUI Court Arraignment
The Gilbert police will usually release you the same evening and give you a complaint. This document will include a date for you to report to Gilbert court for your DUI arraignment. The court address is: Gilbert Municipal Court 55 E Civic Center Drive Gilbert, AZ 85296. If you ignore the court date or do not show up without having hired a DUI attorney to deal with this on your behalf, a warrant will be issued for your arrest. If you do decide to go unrepresented, (which is strongly unadvised) then you must appear on time for your scheduled Gilbert DUI Criminal case. At that time the judge will read the Gilbert criminal or DUI charges against you, confirm it is you, read you your rights and set the matter for what is called a Gilbert DUI pre-trial conference.
Gilbert DUI or Drug DUI
You have been charged for Gilbert DUI – not convicted. There are many aspects of your DUI that must be evaluated to determine the strength and weakness in the prosecution case. They are seeking to convict you – not assist in your DUI defense. They are too busy to evaluate all aspects of your DUI. Even if there are issues with the Gilbert DUI police handling of your matter they customarily do not dismiss it on their own initiative. Don’t make it easy on the state.
Gilbert DUI Defense, Gilbert Drug DUI Defense
An experienced DUI defense lawyer will attack the evidence and look for any issues that may get your DUI charges dismissed or sentence reduced. A careful look at the DUI must be dissected from the initial police observation to the final DUI arrest. This includes any violation of police procedure, your Constitutional Rights, equipment maintenance and calibration, operator error and many other issues.
DUI Laws in Gilbert, Drug DUI Laws in Gilbert AZ
Your Gilbert DUI, DWI, Drunk Driving, or Drug DUI matter charges, penalties, laws, and sentencing, fall under Arizona State Criminal and DUI Law. They are some of the toughest DUI laws and penalties in the County. If you are convicted of the Gilbert DUI, charges against you, then the judge must follow the mandatory minimum penalties as required under Arizona laws.
DUI Penalties in Gilbert AZ
The mandatory DUI penalties even for a misdemeanor DUI may include jail, fines and fees, suspension of driver’s license, vehicle ignition interlock device, MADD program, community service, and probation and other DUI penalties the Gilbert Court deems necessary based on your particular circumstances. Gilbert Court has minimal if any discretion in sentencing for DUI convictions in Gilbert AZ.
Second DUI in Gilbert AZ
If you are arrested in Gilbert for a DUI and it is discovered that this is your second or third DUI you face substantially higher penalties including increased jail time, if you are convicted of a second DUI. For second DUI charges the Prosecution and Gilbert Courts are even more merciless and relentless at pursuing convictions. You can not count on them making anything easier for you, without a strong and experienced Arizona DUI Attorney like James Novak defending your Gilbert DUI charges. He defends clients in on a regular basis in Gilbert Court, and is very familiar with Gilbert Law, Court procedure and protocol, and especially defenses that can be used for a second or more DUI charge in Gilbert.
Gilbert Extreme DUI
An extreme DUI arrest in Gilbert must not be taken lightly. The prosecution will seek a conviction and an enhanced sentence on your extreme DUI charge. This includes the super extreme dui with a higher blood alcohol level. The higher the BAC level, the higher the sentencing. The Law Office of James Novak consistently dissects evidence, and blood samples retested, and examines all aspects to determine the accuracy and validity of blood or breath testing results for the extreme DUI level, of which you were charged. There are many issues surround equipment, certification of personnel conducting the test, handling, transport, maintenance, storage, utilization, time elements, violations of constitutional rights and more that can be successfully challenged. In many cases the charges can be completely dismissed, reduced or evidence suppressed based on these defense arguments. But the prosecution will turn the other way, and address none of them without an Arizona private practice criminal defense or experienced Arizona DUI Attorney who practices regularly in Gilbert courts to challenge the evidence, lack thereof, and issues surrounding your case.
Drug DUI arrest in Gilbert Arizona
You can still get a DUI charge in Gilbert even if you did not have a single drink. An Arizona DUI is frequently charged if you had illegal drugs like marijuana or legal drug such as valid prescription drugs. In most cases the police discovered this from taking a blood or urine sample after the breathalyzer machine test indicated no evidence of alcohol in your system. This is sometimes referred to as a Drug DUI or DUI with Drugs.Gilbert Drug DUI Penalties are just as harsh as an alcohol based DUI and includes jail, counseling, fine and fees, ignition interlock device.
These types of cases must be handled by Drug DUI Defense Attorneys such as James Novak, who have advanced training, and litigating experience in toxicology, and drug testing, to challenge drug DUI evidence. A main defense that is used in such cases is that even though your system had traces of a certain drug, or you tested positive for a drug, that drug did not impair you. In other words it may be true the drug was in your system, but the argument is that the drug did not impair your driving, not even to the slightest degree. And further anyone without the drug in their system may have committed the same driving traffic offense such as failure to yield, or had a head light out in their vehicle, unknown to them, or other offense for which the police stopped you in the first place.
Gilbert DUI Defense Attorney
An experienced DUI defense attorney will provide a strong defense and evaluate your DUI charges, DWI charges, Drunk Driving charges, or Drug DUI charges and challenge any evidence possible. Your future and your freedom are at stake. Call today for your FREE consultation with an experienced Arizona DUI lawyer for your Gilbert matter. 480-413-1499. Experienced DUI Attorney James Novak will speak with you personally for your free and confidential consultation. The sooner you call, the sooner you can take control of your Gilbert DUI charges, and get a proven DUI defense lawyer working on your case to build and mount your defense.