The blood draw may be unconstitutional if an individual’s rights are violated in the process.

Recently, the Arizona Supreme Court ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances that are case-specific.

The Court decided that the blood draw was unconstitutional because circumstances were not exigent, and the test was requested under a routine procedure, rather than consideration of the facts of the case.

Under the good faith exception, evidence collected in violation of a person’s Fourth Amendment rights can still be admitted at trial, only if the police acted in good faith.

But the court also determined that the good-faith exception to the exclusionary rule did not apply.

In this article we will discuss the decision, what means for Arizona drivers, how to protect your rights, and what happens if your rights are violated.

Case Overview

The case arose when the defendant, a driver with four passengers, drove his SUV into an oncoming car. A witness traveling behind the SUV would later testify that the man was driving erratically and had crossed the centerline several times.

After the crash, a witness saw someone crawl over the hood and lie down in front of the SUV, while the defendant got out of the driver’s side and lay down behind the SUV.

An officer responding to the scene approached the defendant who was being treated by medics. The suspect confirmed he’d been driving the SUV, but did not answer any questions about what happened.

The officer smelled alcohol coming from all of the occupants of the SUV, and saw beer cans as well as an opened bottle of liquor in the vehicle.

Meanwhile, the suspect was airlifted to a Nevada hospital for treatment. Without obtaining a warrant, the officer told the dispatch to ask the Las Vegas police to get a DUI blood sample.

The defendant was unconscious at the time the DUI blood sample was taken, and results indicated that his Blood Alcohol Content (BAC) was 0.212, in violation of AZ Super Extreme DUI law.

The suspect was charged with driving under the influence on a suspended license, aggravated DUI with a BAC of more than .20, aggravated DUI with BAC of more than .20 with a suspended license, aggravated assault with a deadly weapon, recklessly endangerment with a substantial risk of imminent death, and four counts of aggravated assault on his passengers with a deadly weapon.

Before trial, the defense filed a motion to suppress the blood test results on the grounds that the test was taken without a search warrant.

The trial court deemed the search permissible because the police had probable cause to believe the suspect had been driving under the influence in violation of both Arizona and Nevada laws.

Further both Nevada and Arizona possessed laws which allowed police to draw blood for a DUI investigation, from unconscious drivers suspected of driving impaired.

The trial ruled in favor of the state. It decided that even if police should have obtained a warrant, they relied on statutes that were in effect at the time of the blood draw, and therefore the good faith exception applied.

The defendant was found guilty of four crimes and lesser-included offenses, and was sentenced to 17.5 years in prison in concurrent sentences.

He appealed arguing that his blood was draw in violation of his Fourth Amendment rights against unlawful search and seizures.

The appellate court affirmed the trial court’s decision and reasoned that even if the blood draw was unconstitutional, the evidence should be admitted because law enforcement’s actions were protected by the good faith exception.

An appeal was then made to the Arizona Supreme Court, and it agreed to consider the denial of the motion to suppress the DUI blood test evidence.

Meanwhile, the state conceded that the unconscious clause was unconstitutional as applied to the facts of this case, because exigent circumstances didn’t exist.

The Arizona high court agreed. It noted that under prior Fourth Amendment case-law, a compelled physical intrusion into the veins to get blood as evidence implicated a deep-seated expectation of privacy.

The Arizona implied consent law didn’t allow the State to avoid establishing voluntary consent or another exception to the requirement of getting a warrant, to justify a warrantless blood draw from a DUI suspect.

Unless an exception applies, a warrantless blood draw to which the DUI suspect doesn’t consent is unconstitutional.

The Court reasoned that with probable cause the police could conduct a warrantless, non-consensual blood draw from an unconscious suspect.

That is, if they reasonably believed a warrant could not be obtained without significant delay that would result in undermining the testing.

The State argued that case precedent which existed at the time of the incident, allowed for the unconscious clause the blood draw because of the possibility of loss of evidence due to the body’s dissipation of alcohol.

The Court discussed Missouri v. McNeely, 2013, which was decided after the defendant’s arrest. In it, the U.S. Supreme Court held that exigent conditions must exist and be determined by considering totality of the circumstances specific to the case.

It held that natural dissipation of alcohol from the body was not enough in and of itself to establish exigent circumstances alone, because it was only one factor.

The Court noted that considering the totality of the circumstances on the merits of facts specific to the case was not a new legal standard.

The Arizona Supreme Court explained that McNeely was a Court opinion, and not a constitutional law, and the Court’s opinion was based on decades of existing case-law.

The state argued that in the least, the good faith exception to the exclusionary rule should apply, because the officer followed agency procedures.

Further, the Arizona Department of Public Safety (DPS) officer testified that he relied on his training and agency’s procedures when he decided to go ahead and get the blood test without a warrant.

The officer explained this it was Arizona DPS protocol to request a blood draw from unconscious DUI suspects if they are transported out of state.

But the Arizona Supreme Court disagreed. It reasoned that the DPS Agency should have known that such procedure was unlawful.

It explained that routinely allowing blood draws from suspects sent out of the state for an emergency treatment without specifically deciding whether a warrant could be gotten in a timely fashion was in the least constitutionally suspect.

The Court acknowledged that there was sufficient evidence at the scene to establish probable cause so that the officer could have requested a search warrant.

Further, the warrant could have been obtained expeditiously either by telephone or electronically.

Systematically bypassing a warrant based on a routine procedure, without consent or considering case-specific circumstances, was in violation of 4th Amendment protections from unlawful search and seizures.

The Court noted that the purpose of the Exclusionary Rule was to deter law enforcement from engaging in practices that violate an individual’s constitutional rights.

With regard to the good faith exception, the Court explained that if police officers act in good faith on a binding case-law precedent that clearly authorizes a specific procedure, it would apply.

However, they advised that was not the case here. The DPS Agency protocol to routinely request a blood draw on unconscious suspects transported out-of-state for medical treatment, was not authorized by any state law, or binding case precedent.

Therefore, the good faith exception to the requirement that a warrant be obtained didn’t apply.

In conclusion, the Court noted that the decision as to whether or not Arizona or Nevada law applied still needed to be resolved.

If it is determined that Arizona law applies, the appellate court’s decision will be vacated, and the trial court’s decision on the motion to suppress will be reversed. This means the DUI blood draw results will not be admissible.

Also of interest is the case, the dissent filed a critical opinion suggesting that rulings of this nature pose a risk that those who commit crimes go free without being held accountable.

The majority opinion recognized that such consequences are inevitable when unlawful police strategies being used, that are in conflict with constitutional protections.

Impact on Arizona Drivers

It is necessary for law enforcement to look at the specific facts particular to each case in order to invoke a warrantless blood draw on an unconscious suspect, when it is not feasible to get a timely warrant.

Police must have probable cause based on exigent circumstances in order to request an non-consensual warrantless blood draw under A.R.S. 28 – 1321 (c).

Exigent circumstances must be established by considering the unique circumstances in each case to ensure that the warrantless blood draw does not violate the suspect’s rights.

The Arizona Supreme Court determined that it is unconstitutional to routinely request a blood test be taken on DUI suspects who are unconscious and being transported out-of-state.

While this is not new legislation, it serves to assure protections of suspects rights as an Arizona case precedent. Case law can influence the outcome of future decisions involving issues of this nature in the state.

How to Protect Your Rights Under the Unconscious Clause

If you are being investigated at a stop for suspicion of DUI it is important that you preserve your rights and avoid self-incrimination.

The best way to protect your rights is to be familiar with them, and how they apply under specific circumstances.

Below are some things to keep in mind if you are being investigated for DUI, your rights under the Arizona’s Unconscious Clause, or if you have been arrested for impaired driving due to alcohol or drugs:

• Under Arizona’s Implied Consent Law, persons who drive in the state give their consent to breath or chemical testing. If a person is unconscious, they are not exempt from compliance with this law. However, the blood draw must still be constitutional to be permissible. Drawing a person’s blood for a DUI investigation is privacy right protected by the 4^th Amendment of the U.S. Constitution.
• If you have been involved in an accident, or a medical issue arises, you have the right to direct decisions about your medical treatment. This includes the refusal of unwanted medical treatment. This right is protected under the 14^th Amendment of the U.S. Constitution. It is also protected under the Arizona Constitution, Article 2, Section 8, your right to privacy.
• If you wish to accept or refuse medical treatment, try to make your wishes known to police and/or emergency technicians expressly and as clear as possible.
• You do not have to consent to a DUI breath or lab test, if police do not have a search warrant with probable cause. There are however, consequences for refusal including a one year loss of driver’s license under Arizona law. Also, if the police have probable cause, despite a refusal, they may arrest you anyway. Note that you do not have to submit to Field Sobriety Tests because these are optional. Courts have historically found them unreliable in many cases.
• If police decide to arrest you, do not argue with them, and cooperate with routine procedures. This may result in additional charges. Never reach for an officer’s weapon, or do anything that would cause them to feel threatened. This may result in more charges as well as bodily harm. As soon as reasonably possible consult an experienced criminal defense attorney who defends charges in the jurisdiction where you were arrested.

What Happens When Your Rights are Violated

Aggravated DUI Defense Lawyer – Phoenix Metro and East Valley, Arizona

No matter how serious your charges, you have the right to defend them.

There may be defenses that can be used to challenge your charges and evidence.

Different types of defenses may apply based on the circumstances surrounding the incident.

In the case discussed above, constitutional challenges were made.

If your rights were violated, your attorney can file a pretrial motion to suppress evidence if was obtained unlawfully by police.

When material evidence is suppressed, it often leads to a dismissal or an acquittal of the charges.

DUI offenses in Arizona are criminal charges. All impaired driving charges are serious, especially in the case of Aggravated DUI offenses which are felonies.

Sentencing for felony impaired driving convictions expose a person to prison sentences that range from 10 or 30 consecutive days to 8 months or more in prison.

Other penalties include average fines of $4,000.00, one year license revocation; installation and use of an ignition interlock device on the driver’s vehicle for 2 years; possible forfeiture of vehicle; alcohol, or substance abuse treatment, and other criminal penalties.

Felony impaired driving convictions result in loss of privileges to carry or possess firearms and voting rights.

Other inherent consequences can result from felony convictions. These may include loss of job, or inability to get a job; loss of occupational licenses; credit problems; loss of scholarships; inability to get admitted into certain schools, sports or activities; and many other adverse consequences.

For these reasons, it is important that if you face any Aggravated DUI charges that you retain an experienced criminal defense attorney before appearing in court.

If you were arrested or charged with a DUI charge in Tempe, Chandler, Gilbert, or Scottsdale, consult DUI attorney James E. Novak. As a former Maricopa County Prosecutor.

James Novak uses his insights and experience obtained as a prosecutor to evaluate whether any of your constitutional rights were violated and develop the strongest possible strategy to defend you. He offers a free initial consultation for people facing active criminal charges in his area.

If you have been charged with a crime, contact or call The Law Office of James Novak at (480) 413-1499, and speak directly with DUI defense attorney, James Novak.

Additional Resources:

• A.R.S. § 28-1321
• A.R.S. § 28-1381
• A.R.S. § 28-1382
• A.R.S. § 28- 1383
• Arizona Constitution Article 2.Section 8 | Privacy Rights
• U.S. Constitution 4 Amendment | Search and Seizures
• Arizona Superior Court Rule 4.10| Electronically Transmitted Warrants
• Arizona Revised Statutes 13- 3886 | Telephonic Warrants
• Arizona Supreme Court | Criminal Code Sentencing Charts
• Arizona Department of Public Safety | DUI Prevention
• Maricopa County Sheriff’s Office | Jail Information for Families
• National Institute of Alcohol Abuse and Alcoholism
• MADD | Recent Media Advisories
• Maricopa County Community Substance Abuse Treatment Program

Other Articles of Interest from our Award Winning Blog:

• What You Need to Know about the Medical Blood Draw Exception
• DUI Blood Test with Medical Treatment Admissible unless Care Expressly Refused
• Arizona Supreme Court Rules on Voluntariness of Consent in DUI Testing Case

The SUV was carrying three people, a man, his girlfriend and his girlfriend’s three-year-old daughter.

The toddler was thrown from the SUV and sustained life threatening injuries. The man suffered head and lung injuries.

The man’s girlfriend, a passenger in the SUV is listed in stable condition but still in the hospital late last week.

The 14-year-old driver of the sedan that ran the red light signal, and his 17- year-old passenger whom the police report were under the influence of alcohol both suffered minor injuries.

It is unclear who owned the sedan driven by the 14-year-old was driving.

The driver was later taken to the Juvenile Court Center. The 17-year-old passenger was released to his family.

The 14-year-old has reportedly since been charged as an adult, and faces 4 counts of aggravated assault with a deadly weapon.

According to Maricopa County Prosecutor and Court records, the decision to prosecute the youth as an adult was based on the severity of the accident and victim’s injuries.

A secured release bond was ordered by the judge for $100,000.00, and the next court date set.

Charges of this nature are considered dangerous and violent crimes in Arizona, and call for aggravated sentencing.

Penalties for aggravated assault with a deadly weapon charges can expose a person to decades and long-term prison sentences if convicted.

A follow-up media report indicated that the driver and passengers in the other vehicle are recovering from their injuries.

3 Ways Tragic Underage DUI Accidents Impact a Minor and their Parents.

The three ways underage drinking and minor consumption will likely impact the driver and/or their parents following a tragic DUI accident are:

• Serious injuries or fatalities;
• Criminal charges, penalties and consequences to the accused;
• Civil and in some cases criminal liability against the parents or guardians

Serious Injuries or Fatalities

The chances of a driver or passenger involved in an Underage DUI accident suffering a serious injury or fatality are higher than with adult impaired driving crashes.

Recent statistics by the National Center for Disease Control (CDC) reported that 23% of drivers aged 15 to 20 involved in fatal motor vehicle crashes were under the influence of alcohol.

According to the CDC there are a number of reasons for the increased risk of injuries by minor of other underage drinkers.

5 reasons for increased risk of underage DUI accidents

Here are 5 reasons the CDC reported as reasons why underage DUI accidents have proven to result in more serious injuries or fatalities, than adult DUI accidents:

• A teen driver’s ability to drive may be impaired after only one drink, which puts them at greater risk for a DUI accident.
• Young drivers are more likely than experienced drivers to underestimate or be unable to recognize or react effectively to hazardous or dangerous driving situations;
• Teens are more likely to engage in risky driving behaviors and speeding, than adults or experienced drivers;
• Recent seatbelt use statistics show that younger drivers have lower rates of use than older drivers. In 2013 only 55 percent of high school age drivers reported using their seatbelts when they were passengers in vehicles;
• The Blood Alcohol Content (BAC) at all levels suggested a higher risk of involvement in an automobile crash than an adult driver.

Criminal Penalties for Minor Consumption, Underage DUI, Aggravated Assault Laws

The second important impact of a DUI involving a serious accident is criminal charges, and penalties. The charges, their classifications, and penalties for conviction will vary, based on the following circumstances:

• Age of the driver and whether or not they are charged as adults;
• Seriousness of the accident and victim injuries;
• Whether or not fatality occurred;
• Blood Alcohol Content Level (BAC):
• Prior DUI or other alcohol related offenses;
• Age of driver;
• Validity and standing of license to drive;
• Prior criminal record;
• Other mitigating or aggravated circumstances

Arizona has no tolerance for underage drinking and driving. Anything above .00% can result in a DUI citation, even if there are no physical signs of impairment and or injuries.

Just for an underage DUI, a minor can face serious consequences such as a license suspension for up to two years or until the driver is 21, a Class 1 misdemeanor criminal record, a minimum of one day in jail, fines, probation, alcohol abuse education, and community service.

Typically, minors who commit crimes are sent to juvenile court, on the assumption that they don’t understand the consequences of their actions.

However, under A.R.S. 13-501, a juvenile between 14 and 17 who commits any violent felony offense—such as aggravated assault— may be tried in adult court.

Aggravated assault can be charged in a variety of situations, such as when a person commits misdemeanor assault and also causes serious physical injury to someone else or uses a deadly weapon or dangerous instrument in the commission of the offense.

For a first-time offender, the punishment is usually less severe, on the assumption that a child can be rehabilitated.

However, when a minor is tried as an adult, aggravated assault is a class 3 felony that is punishable by 5-15 years in prison.

When the victim of an aggravated assault involving use of a deadly weapon, is under the age of 15, charges could be elevated to a Class 2 Felony, with aggravated sentencing that could expose them to maximums of 21-27 year prison terms.

Many serious charges against minors, including vehicular manslaughter or homicide, are heard in the juvenile courts.

If fatalities result in such tragic cases, a minor could be charged with a felony homicide, such as vehicular manslaughter (A.R.S. §13-1103) or vehicular homicide (A.R.S. §13-1102).

Vehicular manslaughter is charged when someone recklessly causes the death of another. Vehicular homicide is charged when someone negligently causes the death of another.

If the court decides to try a minor as an adult for vehicular manslaughter or homicide, the penalties are severe.

Manslaughter is a Class 2 dangerous felony and is punishable by 4-10 years in jail.

For offenses in violation of extreme DUI where the suspects BAC was 0 .15 or greater, the minimum sentence is 10.5-21 years.

Negligent homicide with a car while drunk driving is usually charged as a “dangerous” class 4 felonies, exposing a person to prison sentences of 4-8 years.

In additional to criminal penalties, civil penalties also apply with regard to denial, revocation, or suspension of driver’s licenses, fines, and substance abuse counseling.

If the charges result in a felony conviction, it will mean loss of other civil rights such as the right to vote, and possess or carry firearms.

Differences between Criminal Liability and Civil Liability

The main differences between civil law and criminal law are the complainants or entities filing the complaint; nature of the dispute, and the remedies.

Let’s break those down with examples: In criminal law the charges are filed by the State or the County.

The type of dispute is a state criminal law that the suspect is accused of violating. The remedy is prosecution and penalties for conviction.

In contrast, for civil claims, the complainant is the injured victim or their family in the case of wrongful death.

The complainant is known as the plaintiff. The dispute is that the plaintiff alleges that the defendant is responsible for the injuries or death as a result of wrongdoing, neglect, or recklessness.

The remedy is to recovery a monetary settlement for losses, or coverage for medical bills and other losses suffered by the victim as a result of their injuries.

So in the context of criminal law, it means holding parents criminally responsible to some extent for criminal conduct of their children.

Parental Criminal Liability Injuries caused by a Minor’s Criminal Conduct

Parental Liability has long been a controversial subject throughout the United States.

When we think of liability the first thing that comes to mind for most people is personal injury liability, which pertains to civil law.

In Arizona the criminal laws that shift liability to the parents are scarce as they apply to a child’s actions that have resulted in serious injury or harm to another.

Though the laws are few, they apply to very specific circumstances that give rise to parental liability.

For example, under Arizona Revised Statutes section 12-661, a parent can be held liable for an act of willful or malicious misconduct of a minor that results in injuries to another.

This applies to whether or not the parents could have anticipated the misconduct, for purposes of civil damages.

In these cases, the parents can be held jointly and severally liable for up to $10,000 for a tort committed by a minor.

Moreover, the court may order either a juvenile or his parents to reimburse the county responsible for the juvenile’s detention for the detention costs.

Nonetheless, a parent may still be held criminally liable for actions or inactions that contributed to a dangerous or violent crime.

For example, in the case of a deadly DUI accident, the parents may be held liable if they offered or supplied the liquor to the minor or gave them permissive use of the vehicle they were driving under the influence.

Civil Liability surrounding DUI with Accidents

We discussed the consequences, existence, and non-existence of criminal liability in Arizona.

But the situation is quite different when it comes to civil liability.

State laws vary with regard to both criminal and civil liability.

Nearly every state has civil laws that hold parent responsible in some form for tort or criminal conduct of minors.

I’ve asked Tina Willis, of Tina Willis Law – Orlando an experienced car accident lawyer, from Orlando, Florida to share her thoughts on this topic. Tina M. Willis is a trusted colleague, and former law professor, and serving personal injury victims in Orlando Florida.

The topics I asked Tina Willis if she would discuss evolved around whether or not parents could be held liable under civil law for injuries caused by a minors due to criminal conduct or wrong doing.

Tina Willis shared the following astute information, as the question pertained to Florida Laws:

Featured Guest Commentary by Tina M. Willis, of Tina Willis Law – Orlando, Personal Injury Attorney in Florida

Parental Responsibility Laws in Florida

“Yes, there are many ways that a parent could be held responsible for any injuries or deaths caused by their minor children, while drinking and driving.

For one thing, Florida has a Statute, 322.09, http://goo.gl/238KVa, that requires parents to sign the driver’s license applications of their children.

When they do, they agree to be financially responsible for any injuries or deaths caused by their children while drinking and driving.

The Florida statute establishes pretty rock solid liability with very few exceptions.

Even if that statute did not apply (let’s say the child didn’t have a license), the parents still might be responsible if they knew of a child’s dangerous propensities, or somehow authorized, contributed to, benefited from, or ratified the child’s bad behavior.

The non-statutory legal arguments are very complicated. But a skillful injury attorney in a serious injury or death case could probably establish some degree of parental liability, at least in the great majority of cases, even without the statute.

And their motivation for developing creative arguments would be higher, if the injuries were more serious, or a death occurred.

This reference, http://goo.gl/1cLPCR, is an academic thesis in honorary legal studies, which focuses on the complexity of the non-statutory arguments.

It also provides some discussion regarding of the potential insurance coverage issues (whether there is any insurance coverage is usually the more important practical question).

Also, Florida has something called the “dangerous instrumentality” doctrine. That doctrine basically says that the owner of a vehicle is responsible for any injuries caused by any other driver of the vehicle, if driven with the owner’s knowledge and consent.

So, if parents allow children to drive their vehicles, they are responsible for any resulting injuries.

The bottom line is, when it comes to driving, parents absolutely must watch and control their minor children.” – Tina M. Willis, of Tina Willis Law – Orlando, Personal Injury Attorney in Orlando, Florida.

References:

Florida Statute 322.09: – Financial responsibility for negligence or misconduct of minor: http://goo.gl/238KVa

Parental Accountability for Children in Florida – “Examining the Oxymoron of Parental Liability”: http://goo.gl/1cLPCR

What Parents can do to Help Teens Avoid Impaired Driving

There is an infinite number of resources available that serve to support parents in their efforts to help prevent minor and underage drinking and driving. The CDC offers these four recommendations:

• Set an example for your children by not drinking and driving;
• Discuss and ask your teen to comply with a “Parent-Teen Driving Agreement”;
• Share more facts about the dangers of impaired driving;
• Provide statistics about the hazards of teen drinking and driving.

Safety and prevention resources referenced above can be found at the CDC website: “Parents are the Key to Safe Teen Drivers” http://goo.gl/SEbqow What to Do if you Receive a Complaint, Criminal Charges, or Demand Letter

As the you receive any type of legal document as a result of a DUI with Accident, you should never ignore it.

If a complaint or charges are being brought by the state, government or other jurisdiction you should contact a criminal defense attorney immediately to discuss the matter. They will assist you in determining the proper course of action in response to the complaint or charges, and provide you with option for your defense.

Ignoring criminal charges or failure to appear for your court date as instructed will result in a bench warrant for your arrest. It is never a good idea to go to court without consulting an experienced criminal attorney first.

If you receive formal or informal civil documents from the driver or passenger of the other vehicle making claim against you, it is important that you immediately contact your insurance carrier, and/or submit the documents for review. They will direct you as to the proper instructions. You should never provide a response or comply with a demand for economic consideration without consulting your insurance carrier first.

Criminal Defense for Aggravated Assault Phoenix AZ

If you face any DUI or Aggravated assault charges, it is important that you retain a highly skilled and experienced Attorney such as James Novak, of the Law Office of James Novak, PLLC. He will make sure your rights are protected, that you are treated fairly, and will provide a strong defense for your charges, or those of a loved one.

If you or your child is charged with any DUI charges, aggravated assault, or other criminal offenses, call Phoenix felony defense attorney, James Novak to discuss your matter and your options for a defense as soon as reasonably possible.

James Novak is a former prosecutor, and experienced and highly effective criminal defense and DUI trial lawyer. You can contact James Novak 24/7 at 480-413-1499 for a confidential and free initial consultation if you face active criminal charges. The Law Office of James Novak, PLLC serves clients with new active charges in Phoenix, Tempe, Mesa, Chandler, Gilbert, Scottsdale, AZ., or other surrounding East Valley Cities within Maricopa County.

Additional Resources

• A.R.S. §13-501
• A.R.S. §12-661
• A.R.S. §13-1103
• National Centers for Disease Control

Other Articles of Interest

• Violations of “Search and Seizure” Laws: How they Impact Prosecution, July 23, 2013
• U.S. Supreme Court Rules No Warrant Needed To Collect DNA If Arrested, June 9, 2013
• Yes, You Have Constitutional Rights At An Arizona Checkpoint, July 5, 2014

“The cost of a felony DUI conviction, and it’s consequences in Arizona is far greater than the price of hiring a good Arizona DUI defense lawyer” If you were charged and/or arrested for felony DUI charges in Maricopa County, AZ you should contact an Arizona DUI defense attorney as soon as possible. A felony DUI conviction in Arizona will expose you to severe penalties. You will need a strong Arizona DUI defense attorney to defend your Felony DUI charges if you wish to challenge your DUI charges.

Felony DUI Charges – Arizona Laws: There are three aggravating factors that will cause an Arizona Misdemeanor DUI to escalate to a Felony DUI charge. “Felony DUI” charges are also called “Aggravated DUI” charges:

1) A.R.S. §28-1383(A) (1): (Paraphrased) DUI charge while driving on a suspended, restricted or revoked driver’s license in Maricopa County- Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) Third DUI charge within 7 years and you have two prior DUI convictions that occurred during the last 7 years. – Class 3 felony.

3) A.R.S. §28-1383(A) (3): (Paraphrased) you were charged with DUI DWI and a child under 15 years of age was a passenger in the vehicle you were driving – Class 6 Felony

DUI Penalties – Arizona Felony DUI Sentencing Guidelines

Felony DUI charges and convictions in Arizona are serious. Felony DUI convictions are subject to mandatory DUI sentencing guidelines. Mandatory DUI penalties under Arizona Law include the following:

• Jail Sentences ranging from 1 day to 1 year;

• Prison Sentences ranging from 4 months to 2 ½ years;

• Revocation of your drivers license for 3 years;

• Ignition Interlock Device;

• Fines of Up to $150,000 plus 80% surcharge;

• $1500 prison assessment;

• $250 abatement fees;

• Probation fees;

• Costs for Drug or Alcohol Treatment Screening;

• Costs for Drug or Alcohol Counseling or Treatment Program;

• Supervised probation;

• Felony Criminal Record Sentencing for a Felony DUI conviction in Arizona may be have “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are those circumstances that favor your defense and may help reduce the harsh penalties.

Arizona DUI Lawyer – Felony DUI Defense Lawyers in Arizona

Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not offer you a mitigated (less harsh) sentence. An experienced Arizona DUI Attorney will know what evidence can be used to argue for mitigated sentencing and reduced sentencing on your behalf for a felony DUI conviction.

Any Arizona Felony DUI charge can be challenged, regardless of the classification. Proven AZ DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI charges completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a proven private practice AZ DUI Attorney or Criminal Defense Lawyer in Maricopa County. Early retention of a good Arizona DUI lawyer or criminal defense attorney is the key to a successful defense.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI 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 and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

Felony DUI Charges – Arizona Laws: There are three aggravating factors that will cause a Maricopa County Misdemeanor DUI to escalate to a Felony DUI charge. “Felony DUI” charges are also known as “Aggravated DUI charges”:

1) A.R.S. §28-1383(A) (1): (Paraphrased) DUI charge while driving on a suspended, restricted or revoked driver’s license in Maricopa County- Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) You received new DUI charges. They are your third DUI charges in 7 years, and you have been convicted of two prior DUI charges during the last 7 years. – Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) you were charged with DUI DWI and a child under 15 years of age was a passenger in the vehicle you were driving – Class 6 Felony

DUI Penalties – Felony DUI Sentencing Guidelines in Arizona

Felony DUI convictions in Maricopa County are serious. Felony DUI convictions are subject to mandatory DUI sentencing guidelines. Mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences ranging from 1 day to 1 year;

• Prison Sentences ranging from 4 months to 2 ½ years;

• Revocation of your drivers license for 3 years;

• Ignition Interlock Device;

• Fines of Up to $150,000 plus 80% surcharge;

• $1500 prison assessment;

• $250 abatement fees;

• Probation fees;

• Costs for Drug or Alcohol Treatment Screening;

• Costs for Drug or Alcohol Counseling or Treatment Program;

• Supervised probation;

• Felony Criminal Record Felony DUI Penalties for Maricopa County DUI convictions may be “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are those circumstances that favor your defense and may result in less serious penalties.

Maricopa County DUI Lawyer – Felony DUI Defense Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. An experienced Maricopa County DUI Attorney will know what to look for and find evidence needed to argue for mitigated sentencing and reduced sentencing on your behalf.

Any Maricopa County Felony DUI charge can be challenged, regardless of the classification. Proven Maricopa County DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a proven private practice AZ DUI Attorney or Criminal Defense Lawyer in Maricopa County.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI 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 and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

AZ DUI with Blood Test

If you were arrested for drunk driving in Arizona due to blood test evidence, you should you need to consult an Arizona DUI lawyer who is experienced at challenging blood test result evidence. The best AZ DUI defense lawyers often challenge the prosecutions blood test results taken by the AZ police and processed by their crime lab. In many cases your AZ DUI Attorney will detect flaws, errors, and defense issues regarding the blood test results. The police or personnel conducting the test may have failed to follow prescribed rules of testing, analysis, or preservation, storage, labeling of vials, transport or the processes for which the blood was drawn. Top Arizona DUI attorneys often recognize these violations. When that happens, it can become cause for your defense Attorney to challenge the blood test evidence. In many cases this weakness in the prosecution’s case and leads to suppression of the evidence, and dismissal of your Arizona drunk driving charges. .

Blood Tests for Arizona Drunk Driving

The police officer decides what type of test will be conducted. Options are

1) breathalyzer machine, test

2) blood draw or

3) urine sample.

If the police officer has been properly trained and experienced in proper blood draw procedures involving phlebotomy for criminal investigation such as drunk driving or DUI with drugs, the Arizona courts have upheld the legality and approve the admittance of this evidence. Many police department around the state and sent their officers to classes to become certified.

The police will usually give you a second sample for your defense. If they do not, you should ask them at the time of the blood draw to obtain a sample for you. Then your AZ DUI defense attorney can have the blood retested by an independent lab, while the police send the first sample to the crime lab.

Challenging the Blood Test Results in Arizona

Common reasons to challenge blood tests include but are not limited to the following:

• Flaws with the blood kit used:

Sample outside of expiration date;

kit was not stored at properly sealed, packed and inspected, stored and maintained at proper temperatures.

•The blood sample vials were improperly labeled, creating questions as to whose blood sample it was drawn from; unauthorized personal labeled the sample.

• Blood sample tainted due to improper or unapproved cleaning agents used by the medical facility or police to prepare your arm for the blood draw.

• Blood draw, analysis, preservation and transport failed to follow required protocol leading to questions as to its accuracy

• Improper preservation of vials or vials used beyond expiration dates.

• The police sent their sample to the hospital. The busy hospital did not follow police protocol required for prosecution. Hospitals are governed by different entities with different governing rules. They are not required to follow protocol for criminal prosecutions which include rules for chain of custody, proper training and credentials for recognition of tainting due to improper cleaning chemicals, and other rules.

• Police denied your request to take a second sample for your defense attorney. This is a violation of your rights to obtain objective evidence for the sake of accuracy in your defense, If one or more of these violations or errors exist, your AZ DUI lawyer will recognize it, educate the prosecution and court; present compelling arguments; and file motions in your defense and weaknesses in the State’s case against you. Top AZ DUI lawyers recognize what circumstances present the need to challenge blood results. In many cases this leads to suppression of the evidence on your behalf or a total dismissal of your AZ drunk driving charges.

If you have been arrested for DUI or criminal charges in Maricopa County 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 and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.

Arizona DUI Defense Tactic

BREATH TESTING IS INACCURATE Were you charged with a DUI based on one breath test result? Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted. Arizona DUI Defenses There are many DUI defense strategies that can be used to argue your AZ DUI case against the State and prosecution. This defense is just one of many involves breath testing. Below is an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

If you have been arrested for DUI or criminal charges in Maricopa County 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 and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Phoenix, Chandler, Scottsdale, Mesa, Gilbert and Tempe 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 circumstances.

Arizona DUI Charges Arizona has earned the reputation for being one of the toughest states on DUI charges in the country. The DUI laws are strict and penalties severe. If charged or arrested for an Arizona DUI, you should contact an Arizona DUI Lawyer as soon as possible. Even for first time offenders, the penalties are designed to “teach a lesson” so that the defendant will avoid a repeat offense and to get the word out, that Arizona has zero tolerance for those driving “impaired to the slightest degree” or who may be drunk driving in Arizona due to alcohol or drugs.

Penalties for convictions of first time, misdemeanor DUI in Arizona, depending on the circumstances may include mandatory jail time, suspension of driver’s license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI, charges can include lengthy prison terms, suspension of driver’s license, exorbitant fines, fees, probation, mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Arizona Courts are especially harsh on repeat offenders and Arizona penalties reflect this.

Arizona DUI Attorney Many people make the common mistake of trying to seek counsel of a friend regarding their DUI who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona. Resist this temptation. They are not walking in your shoes. They were not arrested. They will rarely know the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. They will not bear the consequences of your DUI charges if they are not properly defended by a qualified DUI lawyer in Arizona.

After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Mesa Arizona, by Mesa Police, but you reside in Phoenix AZ, your DUI charges will be filed in Mesa Arizona, and your case will be heard through the Mesa AZ City Court. Make sure your DUI attorney defends DUI or criminal charges frequently in Mesa Arizona. It will benefit your defense if your DUI Lawyer is familiar with the court system, prosecution, and judges to hear DUI cases on a daily basis in Mesa AZ through the criminal justice system.

Arizona DUI Defenses The best Arizona DUI lawyers begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed. That is where a good Arizona DUI Defense Attorney starts. They will base their decisions on how and what defenses to utilize based on the individual circumstances surrounding your case. Top DUI defense Attorneys in Arizona will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you). If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

more If you have been arrested for DUI or criminal charges in Maricopa County 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 and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Phoenix, Chandler, Scottsdale, Mesa, Gilbert and Tempe 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 circumstances.

The Arizona FST is a battery of tests that include such motor skill and cognitive testing such as the “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. Note: These are the least reliable source of evidence the prosecution can use against you. Police generally use it as a preliminary Tool o determine if further breath or blood tests are needed. Then they will later use your performance of these tests against you. They will make it sound like you did poorly on the tests. But in fact, even a person unimpaired by drugs or alcohol may perform these tests to a “poor” standard. That is why they are often challenged.

Below is a sample of Field Sobriety Test 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 by active winning defense Attorney and author James Novak:

WAS YOU BATTERY OF FST CONDUCTED WITH CLIMATE, ENVORNMENTA OR LANDSCAPING DISADVANTAGES TO YOU? 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. This test is allegedly meant to 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.

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. 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.

These are just a few aspects of items that can be challenged to your favor if you have received Arizona DUI charges. That is why it is important to hire an Arizona DUI attorney who defends cases in the jurisdiction for which you were charged with the AZ DUI, and challenges such issues on a daily basis. It takes experience, special skills, training, knowledge and a great amount of defense litigation experience to challenge these issues in your defense. The ultimate goal of your AZ DUI Attorney is to examine some of these issues to pave the way for flaws in the prosecutions case for total dismissal, or in the alternative reduction of charges, suppression of evidence, and getting the best outcome in your case.

more If you have been arrested for any Arizona DUI other criminal charge 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 and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe and surrounding cities within Maricopa County. 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.

“Felony DUI Attorneys must be extremely knowledgeable as to the Felony DUI laws and what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case for your Felony DUI charges in Mesa AZ.”

A Mesa “Felony DUI” is also known as “Aggravated DUI”. If you’ve been arrested or face Felony DUI (Driving under the Influence) charges in Mesa, AZ the best advice you can get now is to consult a good Arizona Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Mesa Municipal Court. All DUI charges are serious. But Felony DUI convictions are even more serious, and can have long lasting adverse impacts that follow you for life.

A Mesa Misdemeanor DUI is elevated to a Felony DUI under the following circumstances (paraphrased from A.R.S. 28-1383) : • DUI charges involving an auto accident that results in bodily injury or significant harm to another person. • DUI manslaughter – When the DUI and Auto accident results in a fatality of another person. • Your third DUI conviction within 7 years • DUI while you are driving with suspended or revoked driver’s license • Driving impaired under the influence of alcohol or drug, with a minor, in Arizona (that is age 15 or under) in the vehicle.

Mesa Felony DUI Penalties, Arizona Law- Arizona Revised Statutes Mesa AZ Felony DUI Penalties are cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B):

• Four months in Jail or Prison, if you have no prior criminal record or felony convictions. If serious injury or a fatality has occurred, this sentencing will be significantly harsher for a felony DUI conviction. • Up to $150,000 plus 80% surcharge • $1500 prison assessment • Abatement fees • Evaluation Costs • Drug or Alcohol Treatment & Counseling Costs • Probation and associated fees • Driving Privileges may be revoked for up to 3 years • Court ordered Ignition Interlock Device added to your vehicle at your expense.

DUI and Felony DUI laws are constantly changing. Because the laws and penalties are constantly changing, it is important to hire an experienced, highly qualified Arizona Criminal or AZ DUI defense Lawyer who defends DUI charges often in Mesa Municipal Court. Your criminal defense attorney must be well versed on the Arizona laws, Mesa Courts, Protocol, your constitutional rights; But most importantly, Felony DUI Attorneys must be extremely knowledgeable as felony DUI laws and what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case for your Felony DUI charges in Mesa, AZ.

Many winning defense strategies are outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes “101 Arizona DUI Winning Defenses” © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

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 Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Tempe, Scottsdale, Chandler, Gilbert, Phoenix Arizona and surrounding areas in Maricopa County valley-wide. 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 Misdemeanor DUI is elevated to a Felony DUI under the following circumstances and paraphrased from A.R.S. 28-1383: DUI involving auto accident which causes bodily injury or harm to another person, pedestrian, cyclist, driver, or passenger in a vehicle. • DUI manslaughter – When the DUI and Auto accident results in a fatality of another while you are under the influence of alcohol or drugs. • Your Third DUI within 7 years • DUI while on a on a suspended license • Driving under the influence of alcohol or drugs impaired, and with a minor (In Arizona that is age 15 or under) in the vehicle you are driving.

Arizona Felony DUI Penalties under Arizona Revised Statutes AZ Felony DUI Penalties are cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B): • A minimum of 4 months in Jail or Prison. (If record is clean with no prior felony convictions.) Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher. • Up to $150,000 plus 80% surcharge • $1500 prison assessment • $250 abatement fee • Evaluation Costs • Drug or Alcohol Treatment & Counseling Costs • Probation and probation Fees • Driving Privileges can be revoked for up to 3 years • Court ordered Ignition Interlock Device to be used on your vehicle Arizona DUI and Felony DUI laws are constantly changing. The above penalties can change at any time. For the reasons above it is so important to hire an Arizona Criminal or DUI defense Lawyer. That AZ DUI Attorney needs to be familiar with defending Felony DUI charges in the court jurisdiction of which your were charged, be up to date on laws, co1urt and defense protocol and most importantly be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.

Many winning defenses are outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes “101 Arizona DUI Winning Defenses” © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

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 Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Mesa, Arizona and surrounding areas valley-wide. 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.