Articles Posted in Arizona DUI Laws

Arizona’s High Court Finds Defendant’s Consent to DUI Blood-Test Not Involuntary, Simply Because Police Advised Him of the Consequences of Refusing the DUI Test
Law Office of James Novak

A DUI breath or chemical test is considered a protected search under the 4th Amendment. This requires police to have a warrant for probable cause in order to conduct a DUI breath, blood or urine test. This is the case, even if it is administered under Arizona’s Implied Consent Law. Arizona courts have held that if a person was coerced by the officer to take the DUI test then their consent is not voluntary (State of Arizona v. Valenzuela, 2016). Thus, an involuntary consent does not relieve police of the requirement to obtain a warrant.
The Arizona Supreme Court recently issued a written opinion in an Arizona DUI case centered on the issue of whether the defendant’s consent to provide a blood test was voluntary or involuntary. This article outlines the recent Arizona Supreme Court opinion, Q. & A. surrounding Arizona’s Implied Consent Law.

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How to Avoid, Challenge and Actually Overcome Your DUI Mistake
Law Office of James Novak

You will get a comprehensive overview of Arizona DUI laws, and criminal defenses that can be used challenge them. The first 24 hours after your arrest is crucial. You will learn what you can do increase your chances of getting a favorable outcome in your case. Additional features include DUI prevention, Arizona arrest statistics and impaired driving trend, and penalties for DUI convictions.

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Ignition Interlock Device No Longer Required Drug DUI Penalty in Arizona
Law Office of James Novak

Arizona’s SB 1228 has passed, and will allow judges to have some discretion as to whether or not to impose installation and use of an IID. This article will provide an overview of the new law as well as other related information about Arizona’s Ignition Interlock Device Program to include: Overview of Arizona SB 1228; Ignition Interlock Devices used in DUI Sentencing; AZ removes Ignition Interlock Device Requirement for Drug DUI; How Arizona’s the new law will Impact Arizona Drivers; Driver Obligations for Use and Reporting of IID; 10 Frequently Asked Questions about Arizona DUI IID Program; DUI Classifications, Penalties & Criminal Defense Mesa AZ

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East Valley “Safe and Sober” Campaign Nets 1,513 DUI Arrests
Law Office of James Novak

Stakes are high for DUI, and Underage Drinking; Consequences extend beyond criminal charges. Starting August 15, 2013 nine agencies joined to form a “Safe and sober” campaign task force. The Campaign began at the beginning of the ASU fall semester, and lasted three weeks to end on September 1, 2013, of Labor Day Weekend. The…

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Arizona Criminal Defense Attorney Blog

Can You Demand a 12-Person Jury in Arizona Felony Cases? If you are facing felony charges in Arizona, you may assume you are entitled to a 12-person jury under the Sixth Amendment. In some cases, however...

Phoenix Appeals Court Upholds Sexual Assault Conviction Despite Objections to Police Interview If you’re facing serious felony charges in Phoenix and think certain statements made during a police interview might have tainted your trial, a...

New Affirmative Defense for DUI Marijuana or Impairing Metabolite in Arizona On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015)...

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