Facts of the Case

According to the opinion, state troopers were on the lookout for a stolen vehicle one evening when they noticed the defendant loading items into the car they were looking for. The officers approached the defendant to arrest him, and he started running. A physical altercation ensued, but the officers were eventually able to arrest the defendant and take him to the station.

The defendant was charged with resisting arrest. He pled not guilty, his case went to trial, and the jury unanimously found him guilty.

The Decision

On appeal, the defendant argued that the trial court gave the jury improper instructions before jury members went to deliberate on his case. Before sending the jury to its deliberations, the trial court judge educated jury members on the law that would help them make a decision on the case in front of them. The relevant statute says that in Arizona, a defendant is guilty of resisting arrest if he or she uses physical force against an officer or uses any other means to create a substantial risk of injury for the officer.

According to the defendant, the fact that he could have either used physical force or used “other means” to create a risk of injury meant that there were actually two different crimes the jury had to consider. Because the judge made it seem like these were the same crime, argued the defendant, he lost a substantial opportunity to receive a verdict of not guilty.

The court looked carefully at the statute. Eventually, it concluded that the statute did not describe two different crimes, but instead, it described one unified crime. Both of the subsections the defendant referenced involve the same subject matter, and they both reference physical harm. The subsections, said the court, combine to create one single statute.

Because the statute did not actually consist of two different crimes, the trial court’s instructions were correct, and the defendant was not entitled to a reversal.

Are You Facing Criminal Charges in the State of Arizona?

If you or a loved one has been criminally charged in Arizona, give our office a call to talk through the most sensible next steps. At the Law Office of James E. Novak, our results are hard won, and our reputation is strong because we take pride in our personalized approach for each individual client and each individual case. For a free and confidential consultation with an experienced Phoenix criminal defense attorney, contact us today by calling (480) 413-1499. You can also fill out our online form to tell us about your case.

It is important to remember that others on the road may be driving dangerously due to drug or alcohol impairment.

Often people who have been drinking, lose track of how much they are drinking, and have not planned for an alternative ride home or arranged for a designated driver.

Other drinking mistakes include drinking spirituous liquor on an empty stomach, or drinking too fast, also known as binge drinking.

Binge drinking is one of the main causes of impaired driving. But engaging in this practice can also lead to alcohol poisoning, blackouts, unconsciousness, coma and even death.

However, The National Highway Traffic and Safety Administration (NHTSA) reminds drivers that even one drink of can impair judgement and slow down a reaction time.

The National Institute on Alcohol Abuse and Alcoholism (NIAAA) defines binge drinking as drinking 4 or 5 drinks within a short period of time, such as an hour.

An impaired driver’s passengers, other drivers and their passengers, bicyclists, pedestrians, and their loved ones are also at risk.

They have something dangerously in common with the impaired driver. They too may be impacted by a drunk or drug impaired driver in an auto crash. Family members can be dramatically impacted by a loved one’s DUI arrest, or alcohol related crash.

According to the 2015 State of Arizona Highway Safety Annual Report, auto crashes involving at least one drug or alcohol impaired driver, was the leading cause of fatal accidents.

The Arizona Governor’s Office of Highway Safety (GOHS) reported that DUI arrests increased sharply and steadily by 456% percent over the last 5 years.

Arizona law enforcement officials emphasize that impaired driving increases the likelihood of vehicle crashes resulting in serious injuries and fatalities.

The most recent annual safety report from the Arizona GOHS indicated that DUI arrests from the Thanksgiving to the New Year holidays were 4,271.

The good news is that this number was slightly lower than the preceding 5 year average of 4,512.

Better yet, during the preceding 3 year reporting period for year-end holidays, the number of DUIs decreased by nearly 32 percent.

The Governor’s Office credits the decrease in DUI arrests, on intense, high visibility DUI enforcement and prevention efforts, which some view as the most rigorous in the country.

Consistent with this, the Arizona Governor’s Office announced it’s plans to organize a comprehensive statewide DUI enforcement and prevention campaign for the 2016 year-end holidays, and New Year’s holiday 2017.

If you plan to drive, ride, walk or bike on Arizona roadways or highways, here are five things you should know:

1) Arizona DUI Laws are the Most Stringent in the Nation

If you plan to drive anywhere in the state, it is important to be aware that Arizona has harsh alcohol and drug DUI laws.

In Arizona, you do not need to have a blood alcohol level over .08% to be charged with a DUI, under A.R.S. 28-1381.

If you are driving impaired due to drugs or alcohol, while in physical control of your vehicle, you can still be arrested for DUI.

The state includes boats, ATVs, and other motorized vehicles designed to transport people, as meeting the statutory definition of vehicle.

The phrase, “actual physical control” means you don’t have to be driving. In some cases, you do not even have to be behind the steering wheel of the car, to get a DUI.

Here are just a few examples:

• You have your keys in hand, and your are walking toward your vehicle to leave a nightclub; or
• You pulled over to the side of the road, and fell asleep in your vehicle.

The courts will look at the totality of the circumstances to determine if a person was in actual physical control of their vehicle.

Arizona has Extreme DUI laws and Super Extreme DUI laws.

Under A.R.S. 28-1381 (A), (1), a driver may be in violation of Extreme DUI if their Blood Alcohol Content (BAC) is 0.15 percent or greater.

Under A.R.S. 28-1381 (A), (1), a driver may be found guilty of a Super Extreme DUI, if their BAC is 0.20 percent or greater.

The penalties for DUI are more severe for higher BAC levels surrounding a DUI conviction.

If a person is found to be driving impaired due to drugs, with or without alcohol, they may still be found guilty of a DUI, in violation of A.R.S. 28-1381 (A), (3).

This is the case even if they possess qualified medical marijuana cards issued in Arizona or any other state.

Some states that have legalized Marijuana in some fashion, allow driving with a minimum amount of Marijuana, which is determined by that state. For example one state that has legalized recreational Marijuana allows persons to drive with a maximum of 5 nanograms (ng/ml). Another state allows for 2 ng/ml.

But Arizona does not have any statutory allowable limit for drivers with medical marijuana cards. Instead, any violation depends on whether or not the driver was impaired due to marijuana or its active ingredient Tetrahydrocannabinol (THC).

In Arizona any amount of Marijuana or other substances that is determined to have caused driver impairment may result in an impaired driving conviction.

2. Arizona Impaired Driving Penalties are the Toughest in the Nation

Any misdemeanor drug or alcohol DUI conviction calls for jail terms that range from 10 days to 180 days depending on the BAC level and whether or not it is a first or repeat offense.

Other penalties for misdemeanor DUI convictions include suspension or revocation of driver’s license; use of Ignition Interlock Devices (IIDs) with time frames from 6 months to two years; alcohol or substance counseling or treatment; fines fees and assessments that range from $1,250.00 to $3,750.00; and probation.

Arizona is even tougher on repeat offenses. This is reflected in the penalties, which are more severe than first time convictions.

Drivers found guilty of a third DUI within 7 years may be found guilty of Arizona’s Aggravated DUI laws. These charges are brought as felonies, which expose a person to prison sentencing of 4 to 8 months in prison; fines, assessments and fees of $4,000.00; revocation of driving privileges for a year; use of an IID for two years; mandatory alcohol or substance abuse counseling, and a felony criminal record.

A misdemeanor DUI is also elevated to a felony if they are in violation of DUI laws while driving on a suspended, invalid driver’s license. A conviction calls for prison terms of 4 months along with other felony sentencing.

Further it is a felony if a person found guilty of impaired driving while a person under the age of 15 is a passenger in the vehicle. If convicted, they will be exposed to prison terms that range from 10 to 30 days in addition to other felony penalties.

Arizona has an implied consent law, A.R.S. 28-1381. Under this law, it is implied that by obtaining an Arizona driver’s license, you’ve agreed to submit to chemical tests and field sobriety tests if you’re pulled over for a suspected DUI.

Drivers who refuse a law enforcement officer’s request for chemical testing can have their licenses administratively suspended. The administrative license suspension will be separate from any criminal charges that are brought.

3. Ten Tips to Help You Avoid an Impaired Driving or Drinking Disaster

You’ve heard it before, and it’s true–There is no better way to avoid an impaired driving mistake, than to plan ahead.

This applies whether you will be drinking or not. It is prudent to keep in mind that even if you don’t plan on drinking and driving, you are not immune from an alcohol related disaster, especially if you engage in dangerous drinking behaviors such as binge drinking.

If you plan to be on the road as a pedestrian, cyclist, or other vehicle, there is still a risk that you will encounter a driver who is impaired due to alcohol or drugs.

Below are eight tips provided in combination by NHTSA and the National Centers for Disease Control and Prevention (CDC), to help people avoid impaired driving mistakes or becoming the victim of a DUI motor vehicle crash:

• Plan ahead for an alternative ride home if you plan to drink;
• Drink in moderation, and refrain from binge drinking;
• Eat before or while you are drinking;
• Give up your keys to a friend and arrange for an alternative ride home;
• Never get in a vehicle as a passenger with an alcohol or drug impaired driver;
• Offer to drive someone home, or arrange for them to have a safe ride home if it appears they are drinking too much;
• Never leave a person alone unconscious or assume they will “sleep it off”, seek medical help immediately;
• If you decide to walk home, ask a friend who has not been drinking to walk home with you to avoid dangers of walking out in front of a vehicle;
• If you plan to host a gathering where alcohol will served, make sure you offer non-alcoholic alternatives;
• Make sure your guests have a safe ride home if they have been drinking;
• If you see a person on the road driving dangerously, and suspect they are driving impaired, contact law enforcement officials.

4. Seven Things You Should do after a DUI Mistake

As a defendant, the first 24 hours after your arrest for an impaired driving offense is crucial for purposes of building and preserving your defense case.

Time has a way of clouding our memory of details that you may not realize will later be important to your case.

In addition, you want take every precaution to avoid self-incrimination, or jeopardizing your defense case.

There are things you can do that will dramatically help you in the defense process, and thereby increase your chances of overcoming your charges:

• Call or contact a private practice criminal defense attorney to discuss your matter and defense options confidentially.
• If police contact you asking you to discuss the details of your case, let them know you have retained legal representation, and you have been instructed not to speak with anyone, including law enforcement about the details of your matter without your attorney present.
• Get plenty of rest, and refrain from discussing your case with friends.
• Refrain from posting or discussion anything about the incident on social media to avoid self-incrimination.
• If you have been involved in a vehicle accident, call your auto insurance company about the claim.
• Take photos of the location where you were stopped to include the landscaping and road where any roadside field sobriety tests may have been administered.
• If you can remember anything you can regarding the incident, including instructions you were given; questions you were asked by law enforcement officers; your responses to officers; administration of breath or blood testing; witnesses or passengers you had in your vehicle; any consent or refusals you gave to officers, written or verbally; what you had to eat, drink, or ingest, within 12-24 hours prior to the stop; or anything else you can remember. Then make note of these details.

5. Criminal Defenses for Alcohol or Drug DUI in Mesa AZ

Everyone makes mistakes. Many people arrested for impaired driving charge feel that they ruined their lives.

The ordeal is often a dramatic and overwhelming experience. Some drivers feel that it is hopeless to mount a vigorous defense, since they failed the DUI tests. But an arrest is not a conviction. It is simply the beginning of the legal process.

It is never wise to go to court and plead guilty without first consulting a private practice criminal defense attorney who serves the city where you were arrested.

Pleading guilty to a first DUI can result in harsher penalties for a second, third, or fourth DUI. Penalties you may face for a DUI conviction involving either drugs or alcohol include mandatory jail, fines, assessments, vehicle impoundments, alcohol or drug screening, license suspension, and a criminal record.

The criminal record alone can lead to harsh social consequences such as difficulties finding a job or housing or obtaining a professional license.

It is important to consult an experienced DUI defense attorney who understands all the possible ways to challenge the prosecution’s case.

All DUI charges hold their own unique set of evidence and circumstances. The defense strategy will vary based on the strength and weakness of the evidence and the facts surrounding the incident.

For example, one defense may be to challenge the reason for the stop, and the way the evidence was obtained by the police. This may be the case when the officer who pulled you over lacked reasonable suspicion to stop you.

A police officer must have a reasonable suspicion that a violation of the law has occurred or is in progress, when they pull you over. Otherwise the stop is unconstitutional.

The only exception to this is when the stop is at a pre-organized DUI sobriety or safety checkpoint.

Reasonable suspicion needs to be something more than a hunch. It may be due to the driver’s failure to use a turn signal, a broken taillight, or any other type of traffic violation.

Generally, the court will look at the totality of circumstances when determining whether an officer had a reasonable suspicion to pull over someone for suspected drunk driving or impaired driving. The officer’s training and experience will be considered, among other things.

In cases where a violation of rights has occurred, defense may file a motion to have the evidence suppressed, or thrown out, that was obtained unconstitutionally.

In other cases, the evidence that the prosecution plans to use against a defendant may be weak or invalid, and can be challenged by the defense.

For example, when police administer a blood test, they should provide a sample for the suspect for purposes of their defense. Later, the sample can be retested by an independent lab. If the results are different than the criminal lab, or have been compromised due to mishandling or procedural error, then the defense ask the court to have it suppressed.

Other defenses may apply including, but not limited to other violations of constitutional, procedural, or trial rights.

If you are facing a criminal charge in Tempe, Chandler, Gilbert, or Scottsdale, consult DUI attorney James E. Novak. He is a former Maricopa County Prosecutor who will use insights obtained as a prosecutor to determine whether any of your constitutional rights were violated or whether other defenses apply to your case. He offers a free initial consultation for those facing active criminal charges in his service areas. If you have been charged with a crime, call or contact The Law Office of James Novak at (480) 413-1499 and speak directly with Mr. Novak.

Additional Resources:

• A.R.S. § 28-1321
• A.R.S. § 28-1381
• A.R.S. 28- 1382
• A.R.S.§ 28- 1383
• Arizona Governor’s Office of Highway Safety | Media Advisory
• National Highway Traffic Safety Administration | SFSTs
• Arizona Department of Public Safety | DUI Prevention
• Maricopa County Sheriff’s Office | Jail Information for Families
• Mothers Against Drunk Driving | Latest from MADD
• National Institute of Alcohol Abuse and Alcoholism
• WalletHub | Strictest and Most Lenient States on DUI
• National Centers for Disease Control | Alcohol and DUI Facts

Other Articles of Interest from our Award Winning Blog:

• One of the Most Important Reasons to Resolve Your Warrant
• How to Challenge Marijuana Smuggling Charges Provoked by Duress
• Marijuana Odor Probable Cause for Search in Arizona
• Does Marijuana Odor Constitute Probable Cause in Arizona? Yes…and No.
• Entrapment: The Most Important Requirement for your Defense Revealed
• Stalking Laws: 7 Myths and Facts
• Arizona Supreme Court Rules on Voluntariness of Drug Testing

This means that, depending on the probation conditions, the privacy protections you thought you had under the Fourth Amendment of the United States Constitution related to search and seizure may not apply.

In a recent Court of Appeals case the state of Arizona appealed after the lower court granted a defendant’s motion to suppress the evidence of a warrantless search.

In this article we will examine a recent Court of Appeals case which centered around the challenge of a warrantless search at the residence of a probationers.

We will also take a closer look at some key legal concepts that the court examined in the process establishing a ruling in this case. The legal concepts we will discuss following the overview and court ruling summary include:

• Privacy rights for warrantless searches under the U.S. Constitution 4^th Amendment;
• Privacy rights for warrantless searches of a person’s residence under the Arizona Constitution Article 2, Section 8;
• A comparison of the two, and discussion as to why the more liberal privacy rights afforded under Arizona law did not apply;
• Assessing “Totality of the Circumstances” for reasonableness of a warrantless search on a probationer’s residence.

Case Overview

The case arose when the lower court placed the defendant on supervised probation after he was convicted of a repeat felony drug charge for solicitation to possess crack cocaine for sale.

The defendant’s probation conditions were not unusual for the offenses. They included requirements that he maintain a crime-free lifestyle; refrain from possessing firearms or ammunition; submit to searches and seizures of person and property by the Adult Probation Department without a search warrant; and submit to periodic drug testing.

Pursuant to the conditions of probation, the probation department searched the defendant’s home without a warrant on several occasions before the search at issue in this case.

An informant told an officer that the defendant was on probation, but he thought that the defendant was still selling crack.

The informant also said that he thought the defendant’s young child was coming with the defendant to the drug sale transactions.

The police advised the defendant’s probation officer, that the informant claimed that drugs were being sold from the defendant’s home.

Ten law enforcement officials including three probation officers and seven police officers went to the defendant’s home.

When the defendant met them at the door, the probation officer told him they were going to conduct a probation search.

It is not clear whether the defendant objected. The officers went inside without a warrant and seized contraband, including crack cocaine, a gun, and ammunition.

The defendant was charged with felony possession of drugs for sale, misconduct involving weapons, and possessing drug paraphernalia.

The probation officer filed a petition to revoke his probation.

The defendant filed a motion to suppress the items seized by police officers, arguing that it was a warrantless police search, rather than a search by probation officers.

The lower court rejected the argument, since the probation office participated.

The defendant filed a motion to reconsider on the grounds that the probation officers didn’t have reasonable suspicion to search.

The lower court granted the defendant’s motion to suppress, finding that there was an insufficient legal basis to search.

The court granted the motion to dismiss without prejudice, meaning that the prosecution could reinstate their actions in the case. The State appealed.

The Court of Appeals pointed out that although a warrant based on probable cause is usually necessary for a search, there are exceptions.

Some exceptions include searches incidental to arrest; suspect’s consent, exigent circumstances; or delays for a warrant would jeopardize the safety of others.

One of these exceptions involves the probation officers’ right to search a probationer’s residence under the probation terms. This type of search does not require a warrant or probable cause under the Fourth Amendment of the Constitution.

The defendant didn’t challenge the validity of his probation conditions or argue that the search violated those conditions.

Rather, the defendant’s argument was that the probation officer’s warrantless search of his home had to be based on a reasonable suspicion that he was engaged in criminal activity.

The State argued that the search simply had to be reasonable under the totality of the circumstances.

The Court of Appeals explained that in Arizona, a defendant must comply with probation conditions as long as they help in rehabilitation; or that the conditions are a reasonable alternative to incarceration as punishment for a crime.

So unless the terms violate the probationer’s rights or have no connection to the purpose of probation, the trial court has discretion in imposing conditions of probation.

The appellate court explained that while a defendant is on probation, he has a reduced expectation of privacy than other citizens have.

The appellate court explained that searches like the one of the defendant’s home were necessary to promote legitimate government interests, including the interest in integrating a probationer back into society, and preventing repeat offenses.

The U.S. Supreme Court has rejected imposing an individualized reasonable suspicion requirement.

Instead, the U.S. Supreme Court has directed courts to look at the “totality of the circumstances” to decide whether a search was reasonable.

The appellate court further explained that the person whose home was searched had to be a known probationer subject to a probation condition that allows a warrantless search. And that the search had to be conducted by a probation officer in an appropriate and non-harassing way in order to determine compliance with probation conditions.

The lower court’s order granting the motion to suppress was vacated, and the matter was sent bac00k to the lower court for further proceedings.

Warrantless Search & Seizures of Residence for Probationers under the 4^th Amendment

The court analyzed cases involving Search & Seizures for Probationers under the 4^th Amendment Constitution.

It pointed out that the 4^th Amendment allows for the right for people to be free from unreasonable searches as well as their homes, papers, and effects.

The court acknowledged that under the 4^th Amendment a warrantless search cannot be conducted in absence of probable cause, unless the circumstances fall within one of the meet one of the specified exceptions.

The United States Supreme Court has held that a warrant or probable cause is required for a Probation Officer to search a Probationer’s residence (United States v. Knights 1987). In this case it was held that no more than a reasonable suspicion of criminal activity was necessary to conduct a warrantless search.

The Appeals Court began its analysis with several Arizona cases where the issue was challenged over the last 4 decades including State v. Montgomery.

In this case it was decided that court may require that the probationer comply with probation terms that related to the probationer’s rehabilitation and public protection. And that in this situation, probable cause is not a prerequisite if it is necessary for the probationer to perform their duties properly.

In State v. Hill warrantless searches of probationers probation officers were consistently recognized as reasonable and necessary to promote the continued use of probation as an alternative to incarceration.

The issue in this case was whether or not the warrantless search of the probationer’s residence was reasonable based on the “totality of the circumstances.”

The court held that “reasonableness” was the “touch tone” of the 4^th Amendment (United States v. Knights). In this case reasonableness was determined by assessing the degree to which it intrudes on a probationer’s privacy, in comparison to the degree in which it supports the government’s legitimate interests.

The Court held that the defendant’s status as a Probationer subject to a search condition significantly diminished the probationer’s Privacy Rights.

Totality of the Circumstances

The count outlined factors recognized by precedent cases that can be used as a guide to consider as to whether or not a search is reasonable based on totality of circumstances which include:

• The search must be pursuant to the facts;
• The known probationer must be the target of the search;
• The search must be subject to an enforceable and valid probation condition that allows for a search without a warrant;
• The search must be conducted by a probation officer who possesses the duties and obligation to determine if the probationer is in violation or compliance;
• The search must be in appropriate manner with rightful purpose;
• The search must not be arbitrary; harassing, or capricious.

The Court noted that if the warrantless search was reasonable based on the totality of circumstances then it satisfied the requirements of the 4^th Amendment.

Arizona Constitution v. United States Constitution

In this and other precedent cases the defense relied on the fact that the language in the Arizona Constitution provides for more privacy to a person in their residence than does the 4^th Amendment of the United States Constitution.

Article 2, Section 8 of the Arizona Constitution states “No person shall be disturbed in his private affairs, or his *home invaded, without authority of law.”

This compared to the IV Amendment of the United States Constitution which provides the for the rights of people “…to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

As we compare the two laws we see that Arizona expands more privacy rights to a person in their residence in that they have an expectation not to be disturbed in their private affairs, or to have their homes invaded without proper lawful [emphasis added] authority.

However in this case, the court held that the defendant did not provide a showing that the search of his home was in fact unlawful (Arizona v. Roberson 2010). Further, the court cited Arizona v. Juarez 2002, which held that the defendant’s rights will not be expanded beyond the United States Constitution’s 4^th amendment, unless it can be shown the warrantless search of the home was “unlawful’.

*Note: The privacy protections that extend beyond the 4^th Amendment of the United Sates Constitution under the Arizona Constitution Article 2, Section 8, apply to a person’s residence only, and not their vehicles.

Criminal Defense for Probation Violations, Drug Crimes, and Weapons Charges Mesa AZ

Probation violations often result in more severe penalties and sentencing than the original offense for which a person was convicted.

Although being on probation makes it more difficult to protect your rights. It can leave you feeling as though your freedoms have been reduced, it is for many, a better alternative than a longer prison sentence or spending time in jail.

The Arizona Supreme Court has held that Probation is a privilege and that revoking it is a penalty (Arizona v. Montgomery; Arizona v. Lyons)

When a person is in violation of their probation terms, the probation may be revoked.

Under A.R.S. 13-901 the presiding Judge at their discretion may reinstate the original sentence, or the maximum penalty under the law allowed for the crime of which a person was convicted.

If you are accused of violating probation you will be given a court date for a hearing.

Generally the burden of proof to prove guilt or innocence of a crime is “beyond a reasonable doubt” which is the highest of standards in the USA criminal justice systems. But this is not the case for probation violations. However, the standard for determining guilt or innocence in probation violation cases is by “preponderance of the evidence.”

Preponderance of the evidence means evidence that proves “more likely than not” that the probation was violated.

This means it is an easier task for the prosecution to convict a person of violating the terms of their probation that it is to convict them of a new criminal charge.

It is important that you consult an attorney about your probation violation before your court date to discuss your defense options.

A probationer has diminished rights to privacy for search and seizures;

But they do not lose the right to defend their charges in due process.

You have the right to retain legal counsel, which will help you to protect your rights, and increase your chances of avoiding harsh sentencing associated with revocation of probation.

James Novak of the Law Office of James Novak provides a free initial consultation for active charges, in his service area. He will discuss your matter with you, and provide you with options for defense. Call or contact The Law Office of James Novak today for a confidential and free consultation at (480) 413-1499.

Additional Resources

• Arizona Uniform Conditions of Supervised Probation
• A.R.S. § 13-701 (Sentencing for felony)
• A.R.S. § 13- 901 (Probation and Violation Laws)
• Arizona 13-3925 (Unlawful Search and Seizure; Admissibility of Evidence)
• Requirements and Exceptions to Lawful Search Warrants in Arizona
• Arizona Constitution Article 2, Section 8 (Privacy Rights)

Other Recent Articles of Interest

• Medical Marijuana Users have a Limited DUI Defense; Not General Immunity from Prosecution
• Why Good Juries Reach Bad Verdicts
• Violations of “Search and Seizure” Laws: How they Impact Prosecution,
• U.S. Supreme Court Rules No Warrant Needed To Collect DNA If Arrested,
• Yes, You Have Constitutional Rights At An Arizona Checkpoint

In a recent case, the Arizona Court of Appeals considered whether there was probable cause where the defendant was convicted of four counts of aggravated driving under the influence (aggravated DUI). The defendant had been stopped in his vehicle after a police officer visually estimated he was going fifteen miles over the speed limit. According to the police offer, he’d been trained to accurately estimate vehicle speed within five miles per hour.

Once the officer stopped the defendant, he saw the defendant had watery bloodshot eyes, spoke with slurred speech, and smelled like alcohol. The defendant couldn’t find his driver’s license and gave the officer his social security number. It turned out that he provided his wife’s social security number. When the officer learned this, he asked the defendant for his wife’s social security number. This time, the defendant gave him his own number. The officer administered a test for alcohol impairment. When the defendant refused a breathalyzer test, he was arrested.

After being sentenced to four months incarceration for concurrent terms, the defendant appealed, arguing that his traffic stop was illegal for lack of reasonable suspicion and his arrest was illegal for lack of probable cause. He had tried to suppress evidence (keep it from being used at trial) from his stop and arrest.

The judge denied the suppression motion, deferring to the police officer’s claim that he could accurately estimate the speed and this was the reason for the stop. The judge also found that while probable cause was close, the totality of the circumstances supported the officer’s arrest of the defendant.

On appeal, the appellate court explained that for this type of motion, it defers to the trial court’s factual findings, including the issue of credibility. If a trial court, as in this case, finds a police officer credible, the appellate court assumes the trial court is in a superior position to make that determination and its judgment will not be disturbed.

The defendant argued that the dashboard police officer’s car was equipped with a video camera. He argued that the video was an objective piece of evidence contradicting the police officer’s estimation. However, there was no read-out of the speed of the defendant’s car on the video. Accordingly, the trial court found it did not contradict the officer’s estimate. The appellate court agreed with the trial court. The defendant also argued that the officer did not have probable cause to arrest him because he only collected evidence regarding alcohol consumption, not his impairment.

“Probable cause” carries a higher standard than reasonable suspicion. The police can arrest you if he or she has probable cause to believe you have committed a felony or crime in his presence. With DUI arrests, probable cause doesn’t mandate that the police officer show a driver was actually under the influence, only that it is probable that he was.

The appellate court held that probable cause does not require law enforcement `to show that the operator was in fact under the influence’; Arizona v. Aleman ( 2005). The Arizona Court of appeals held that when evaluating and justification of probable cause, they are not considering technical factors. But, instead, probabilities that are factual and practical with circumstances that would lead to conclusions made by a reasonable and prudent person Arizona v. Dixon (1987),.

The Appeals Court also explained that an officer may draw inferences that someone is impaired by alcohol by relying on his own experience and training. In light of the defendant’s odor of alcohol, confusion about his social security number and performance on the test, it was very probable he’d been driving under the influence.

National Highway Traffic and Safety Administration’s Post-DUI Stop Cues

Studies by the National Highway Safety Administration (NHTSA) revealed 10 post-stop DUI Cues that have been found to be consistent with impaired driving. They are considered in addition to to a list of driving cues in evaluating whether or not a driver should be investigated for DUI, or considered in totality as “probable cause” for arrest if a DUI breath test or blood test is refused. The items below are considered cues when the Driver has difficulty performing the following skills: • Operating vehicle’s controls; • Getting out of the vehicle; • Finding and retrieving their driver’s license and registration; • Answering questions and communicating (excluding language barriers); • Maintaining body balance; • Standing without leaning on the motor vehicle or other stationary object; • Talking without slurring words due to alcohol or drug influence; • Responding to officer timely or without asking the officer to repeat the question; • Providing accurate information or answers to routine questions; Other post-stop cues to the police officer include a strong odor of spirituous beverages on the driver’s breath or clothing, and opened alcoholic beverage containers in plain sight within the vehicle.

As you can see, driving with any degree of impairment can be a very bad idea because Arizona police officers are entitled to rely not just on breathalyzer results, but on a variety of empirical information.

If you have been pulled over on suspicion of drunk driving or arrested for drunk driving in Arizona, you should be aware that the penalties are very harsh. A criminal defense attorney with a strong background in DUI Law can make a huge difference to your case. Contact The Law Office of James Novak at 480-413-1499 for a free consultation, if you face DUI charges in Phoenix, Tempe, Mesa, Chandler, Gilbert or other surrounding East Valley Cities.

Additional Resources:

• National Highway Traffic Safety Administration
• Drug DUI and Super Extreme DUI laws
• Arizona 2012 Statewide DUI Enforcement Statistics
• Alcohol/Substance Abuse Counseling and Treatment Providers
• Mothers Against Drunk Driving

More Blogs

• Arizona’s Medical Marijuana Law Stands Ground, Phoenix DUI Lawyer Blog, June 4, 2013
• DUI Laws and Penalties in Arizona, Phoenix DUI Lawyer Blog, July 1, 2013

Enforcement of Arizona’s tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were made over Memorial Day weekend.

Police agencies statewide have joined together over the past month to patrol for people who are drinking and driving. These efforts are funded by grants from the Governor’s Office of Highway Safety, which also funds training for field sobriety tests, blood draws, drug recognition and equipment.

Tempe Police is at least one law enforcement agency that announced heightening enforcement from May 24th through May 27th. They have committed increased patrols and mobile units throughout the city and will be saturated in downtown Tempe AZ. Minor Consumption violations and prevention are a main focus.

Arizona Department of Public Safety (DPS) reported that last year at this time 5 fatalities resulted from 4 separate collisions, and 85 people were injured. Arizona DPS indicated that impaired driving due to alcohol or drugs was one of 4 main causes of fatalities and serious injuries. Other causes included speeding, seat belt violations, and fatigue or drowsy driving. And while it was not mentioned in the AZ DPS press release, some recent studies and reports show that “texting while driving” is also one of the main causes of motor vehicle fatalities and serious injuries.

It announced late last week that it will be “especially vigilant” on the state’s highways for this weekend to reduce the number of fatalities, injuries, traffic, and impaired driving violations. The AZ DPS is reminding everyone to be patient on the roadway while driving, get enough rest before trips, and obey traffic and seat belt laws, and refrain from drinking and driving; and “texting and driving”.

Tips from the police for the weekend include using public transportation or a completely sober designated driver. All drivers should be aware that in Arizona, adults can be arrested for drunk driving even if their Blood Alcohol Content (BAC) is below .08, if they are impaired to the slightest degree by the amount they drank.

Over Memorial Day weekend, particularly at family outings, some parents may let their older teenagers drink. While some states allow those under 21 to have a BAC of .01 or .02, Arizona has a zero tolerance policy for drunk drivers under the age of 21. Those under 21 may not even have even a BAC of .01%. A relatively recent case looked at the issue of blood tests for BAC for juvenile drivers, and the facts of the case are worth considering if you are a teenager or a parent.

In that case, a monitor at a seventeen-year-old defendant’s school smelled marijuana on his clothing in 2012. The monitor searched the vehicle the defendant and his friends had driven to school and found drug paraphernalia. School officials reported this to the police and the sheriff arrived and advised the defendant of his Miranda rights. Nonetheless the defendant admitted that he and his friends had smoked marijuana away from campus and driven back.

The defendant was arrested and charged with drunk driving. The sheriff read him admonitions related to the implied consent law for blood tests and the defendant agreed to submit to testing. His parents were called and came to the school. Meanwhile, the defendant’s blood was tested without his parent’s consent. His parents were told he was caught smoking marijuana and arrested, but weren’t asked for permission to test the blood that had been drawn.

Before a delinquency hearing, the defendant moved to suppress the blood test results. He argued that, as a minor, he lacked the legal ability to consent to testing. The juvenile court granted his motion, reasoning that the Arizona Parents’ Bill of Rights includes the right to consent before a minor’s blood is tested, notwithstanding Arizona’s implied consent law. It also found that the defendant’s consent hadn’t been voluntary.

The State appealed the juvenile court’s decision. The State argued that the Parents’ Bill of Rights was inapplicable because the parental right to consent did not prevent law enforcement officers from acting in their official capacities within the scope of their authority.

The appellate court reasoned that anybody who operates a motor vehicle in Arizona, including minors, gives consent to alcohol testing of blood, breath and urine in the context of a DUI allegation. Although someone cannot be blood tested in a DUI stop without a warrant, drivers are already assumed to have given consent. They can withdraw the consent that has been given, but they face penalties for doing so.

During gatherings, and festivities where adults are drinking, it can be tempting to let your teenager drink just one beer as well. However, the consequences in Arizona are quite severe and you should talk to your teen about Arizona’s zero tolerance policy for underage drinking. If you or someone you love has been accused of or charged with a DUI, contact the experienced Phoenix DUI attorneys at The Law Offices of James Novak at (480) 413-1499 to build a solid defense.

More Blogs

• AGOHS Announces Holiday DUI Task Force Conference, Phoenix DUI Lawyer Blog, November 5, 2012

Additional Resources

• Arizona DUI Laws
• Mothers Against Drunk Driving
• Arizona Underage Drinking and DUI Laws

A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals.

The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence revealed on a blood test was an inactive chemical compound in Marijuana. In this case, the drug compound was one that does not cause impairment, “Carboxy-THC”. This is a residual compound known to stay in a person’s blood stream for 3 to 4 weeks after Marijuana use. The inactive or non-impairing compound was examined in contrast to the known active ingredient THC or Tetrahydrocannabinol. THC has been successfully argued in courts as one that causes driving impairment.

The lower court dismissed the case before appeal, on the basis that the motorist was not driving impaired. But the Arizona Court of Appeals ruled that both the active compound and the inactive compound fall within Arizona DUI Law A.R.S. 28-1381, so the motorist could still be subject to prosecution.

The impact of this ruling is that the prosecution does not need to prove that the driver was impaired. In order to prosecute the motorist for DUI with Marijuana, as long as at least one of the two compounds can be identified in the DUI blood test evidence. Another adverse impact is that a person may have used the Marijuana legally in another state, days or weeks prior to driving in Arizona, and still be arrested for Marijuana DUI.

The Arizona Court of Appeals indicated that this ruling shall not be used to set precedent. However, this presents challenges in consistency for the courts since other cases similar to this are pending prosecution.

Arizona Drug DUI Law

Currently under Arizona law A.R.S. 28-1381 a person may be guilty of DUI under the following circumstances: (1) While under the influence of intoxicating liquor or drugs while they are impaired to the slightest degree; or (2) If the person has an alcohol concentration of 0.08 percent or more, within two hours of driving or being in actual physical control of the vehicle and the alcohol was consumed either before or while driving or being in actual physical control of the vehicle; or (3) While there is any drug defined in section A.R.S.13-3401 or its metabolite in the person’s body.

A person driving under the influence of Marijuana could be arrested under items (1) or (3) depending on the circumstances of the Marijuana DUI. It is not a defense if the person is a qualified Medical Marijuana user.

Criminal Defense Attorney for Drug DUI charges Mesa, AZ

If you face any type of drug DUI charges in Arizona, you should always consult a qualified criminal attorney to discuss your case. Arizona has some of the most strict laws, and severe penalties for DUI conviction in the state. Sentencing for drug DUI charges are the same or similar to those of drunk driving. They include jail terms, suspension of driver’s license, probation, substance abuse screening and counseling; fines, fees, and assessments. Other penalties may apply. If retained an experienced criminal lawyer will protect your rights, and defend your charges. There may be defenses that you are not aware of that could lead to a dismissal of charges, or otherwise favorable outcome in your case.

Additional Resources:

• Arizona Drug DUI Laws

• Arizona Court of Appeals Division 1

• Arizona Drugs Defined Under Criminal Code

• Mesa AZ Municipal Court

• Mesa AZ Police Department

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A person may be arrested in Arizona for a DUI, if they are not driving drunk, and even if they have had no alcohol at all. Last year Drug impairments accounted for 15% of all DUI arrests in Arizona. Police attribute many of these to Prescription DUI violations. If a motorist is driving impaired due to Prescription-only medications solely or in combination with alcohol, they may be exposed to a DUI Arrest. Convictions for drug related driving impairments are generally as severe as those for alcohol related impaired driving charges.

Arizona Prescription Drug DUI Laws
A.R.S. 28-1381 – In Arizona it is unlawful for a person to drive or be in actual physical control of a vehicle, if the person is “impaired to the slightest degree” while:

• Under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree; • If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle; • Due to any drug defined under A.R.S. 13-3401 or its metabolite in a person’s bodily systems.

Prescription Drug DUI Penalties

A person found guilty of driving impaired due to prescription drugs will be convicted of a Class 1 Misdemeanor. Penalties first offense Drug DUI convictions include 10 days in jail; substance abuse education and screening; fines, fees, costs of $1250.00; 90 day driver’s license suspension; and probation; and Ignition Interlock Device (IID) one year. A second violation, within 7 years is a Class 1Misdemeanor. Penalties include 90 days jail; $3,000.00 fines, fees, costs; license revocation for one year; probation; Ignition Interlock Device (IID); and probation. A third DUI violation of any kind within 7 years, with two prior DUI convictions elevates a DUI to a Class 4 Felony, or Aggravated DUI to a Class 4 Felony. Penalties call for 4 months in prison for the third DUI; and 8 months for subsequent impaired driving convictions; fines, fees, costs of at least $4,000.00; driver’s license revocation for 3 years; ignition interlock device (IID) 2 years; probation or community service; and a felon criminal record.

These penalties may vary slightly, and additional penalties may apply.

Prescription Drugs Defined

A.R.S. 13-3401 (28) includes the definition of “Prescription only drug” and means; • Any toxic or potentially harmful drug as recognized in the general medical community; and • Is considered safe to use only under the supervision of a licensed and qualified medical practitioner; • Limited or approved for use as new drug under Federal Rules and medical supervision; of a medical practitioner. • Potentially harmful drugs with labeling that includes proper directions for use; • Drugs required by the Federal Rules to include labeling with the test “Federal law prohibits dispensing without prescription” or “Rx only”.

Criminal Attorney for Prescription Drug DUI defense Gilbert AZ
Arizona has some of the toughest laws and penalties for conviction in the county. If you are arrested for any type of impaired driving in Arizona due to alcohol or drugs, your future and freedom are in jeopardy. But you have the right to defend their charges, and by law are innocent until proven guilty. You should consult a criminal defense attorney, regarding your matter before deciding to plead “guilty”. If retained, a qualified legal advocate will protect your rights and defend your charges. There may be defenses you are not aware of that could lead to a case dismissal, reduction of charges, or mitigation in sentencing.

Additional Resources:

• Arizona Prescription Drug Definition

• Arizona DUI Laws

• Gilbert AZ Police DUI Enforcement Units

• Criminal Court Gilbert AZ

• Arizona MADD.org

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Firm Serving Maricopa County Phoenix-metro, and surrounding East Valley Cities

A DUI may result in an arrest, jail time, but you can also wind up costing a person their job. That’s just a few consequences of a DUI conviction. Arizona calls for tough criminal penalties; civil penalties such as loss of driver’s license; and other consequences. The Arizona Governor’s Office of Highway Safety (AGOHS) announced it has organized 12 task forces for what it considers to be an intense week of DUI through January 1, 2013.

The DUI task forces 40 – 100 strong include 70 law enforcement agencies valley-wide, and working with Arizona Department of Public Safety.

The goals this year include focusing on both drivers impaired due to alcohol or drugs, especially extreme DUI arrests. The AGOHS reported that Extreme DUI arrests increased statewide 12% from 2011 to 2012. Total DUI arrests have increased over 14% overall from November during this from this time last year to December 27, 2012.

AZ DPS, Director Alberto Gutier, reported to local media sources that instead of employing DUI task forces, that officers would be out tar employs the DUI checkpoint method, in geo-targeted patrols throughout the valley. He indicated that they want to send the message that they are everywhere verses one particular checkpoint.

Arizona DUI Laws

In Arizona it is unlawful to drive “impaired to the slightest degree” due to alcohol or drugs under the legal limit of 0.08% due to alcohol or intoxicating drugs.

A person may also be arrested for DUI if they are driving over the legal limit with a Blood Alcohol Content of 0.08% person.

Driver’s with BAC limits of 0.15% or more will be charged with Extreme DUI; and BAC limits that exceed 0.20% or more will be charged with Super Extreme DUI under Arizona Law. Higher the BAC limits call for harsh sentencing including longer jail terms. . The legal drinking age in Arizona is 21, and a motorist under the age of 21 found to have any alcohol in their system, will be arrested, whether or not that driver is impaired. DUI charges generally brought as Misdemeanors unless Aggravated Factors exist. If Aggravated Factors are present, the charges will be prosecuted as Felonies. These factors include a third DUI with two prior DUI convictions with 84 months; driving impaired due to alcohol or drugs with a child passenger under the age of 15 years old; driving impaired with an invalid driver’s license; or one that involves a serious or fatal auto accident.

DUI Defense Attorney, Chandler AZ

If you face drunk or impaired driving charges, your future and freedom are in jeopardy. You should consult a criminal defense attorney regarding your matter, before your first court appearance. If retained, they will protect your rights; and defend your charges. There may be defenses you are not aware of that could lead to case dismissal, or otherwise favorable outcome in your case.

Additional Resources:

• Arizona Statewide DUI Enforcement Statistics 2012

• Arizona Department of Public Safety

• Arizona Governor’s Office of Highway Safety

• State Legislature – Extreme DUI Laws

• Chandler Police Department

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation Maricopa County DUI & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ www.novakazlaw.com

This year Phoenix AZ, East Valley, and West Valley are combining DUI Task Force Efforts to create one large task force, for better efficiency and safety.

The Special DUI Task Force will be in place for the rest of month of December 2012. A central Command Post will be set up at Devonshire Community Center. It is located at the intersections of E. Devonshire Ave and 28th Street, in Phoenix AZ. Police will also set up DUI Field Vans, with Preliminary Breath Test Units, throughout the valley.

DUI Charges

DUI charges represented the largest number of crimes in Arizona in 2011. A total of 35,505 arrests were made or 14% of all crimes committed in Arizona last year. In an effort to decrease incidents of drunk driving or Drug DUI, Maricopa County police have actively sought out DUI motorists with DUI Sobriety Checkpoints set throughout 2012. This year, they increased their presence and safety checkpoints around holidays, events, and times where high volumes of traffic were expected.

DUI Laws

Arizona has some of the toughest DUI laws and penalties in the country. A first-time DUI is a Class 1 Misdemeanor. Under A.R.S. 28-2831 it is unlawful for a person to drive or be in actual physical control of a vehicle while:

• Driving “impaired to the slightest degree” due to any alcohol or drugs;
• If the person has an alcohol concentration of 0.08 or greater within two hours of driving or being in actual physical control of a vehicle.

In Arizona the legal limit for alcohol or Blood Alcohol Content (BAC) is 0.08%. However, a person may be guilty of DUI even if their BAC was below 0.08%, if due to alcohol or drugs they were driving “impaired to the slightest degree”.

Before making an arrest, the police will conduct an investigation to determine if they have probable cause for a DUI arrest. This may include Field testing, breath testing, and or blood testing.

DUI Penalties

First-time non-extreme DUI conviction will result in the following penalties:

• 10 jail sentence;
• Suspension of driver’s license for 90 days;
• Ignition Interlock Device (IID) on vehicle following reinstatement of driving privileges;
• Fines, fees, costs and assessments of at least $1,200.00;
• Probation;
• Alcohol/drug abuse education and counseling which will reduce jail time to 24 hours if successfully completed;

The higher the Blood Alcohol Content (BAC) level found in a person’s system, the higher the penalties.

Laws and sentencing are more severe for repeat offenses. If a person is found guilty of a third DUI within 7 years, even if the prior DUI charges occurred in another state, they will be convicted of an Aggravated DUI which is a Class 4 Felony. Penalties for Felony DUI call for:

• 4 months in prison;
• Fines, fees, and assessments of S4,000.00;
• Driving privileges revoked for 3 years;
• 24 months of IID after reinstatement of license;
• Parole;
• Drug and Alcohol counseling and treatment;
• Community Service
• Felony criminal record

Criminal Defense Attorney for DUI Charges in Phoenix AZ

If you face DUI charges of any kind you should always consult a DUI Attorney before pleading guilty or appearing in court. Even though you were arrested, you have the right to retain an attorney and defend your charges. Your legal advocate will protect your rights; provide a defense; and work to resolve your matter as favorably as possible.

Additional Resources:

• Arizona DUI Laws

• Arizona Department of Public Services (DPS) – 2011 Crime Statistics

• Phoenix Police Department

• City of Phoenix – Municipal Court

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation Maricopa County DUI & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ www.novakazlaw.com

It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive “Impaired to the Slightest Degree” due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist’s ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver’s license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, “impaired to the slightest degree”, while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:
  • 10 days jail;
  • Fines, fees, costs of $1,200.00
  • Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
  • Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
  • Suspension of Driver’s License for 90 days;
  • Probation and/or
  • Community Service

Super Extreme DUI laws in Arizona

A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor; If a person is found to be driving with a BAC of 0.20 they will also be cited with “Impaired to the Slightest Degree”; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include

• 45 days in jail; • Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver’s License for at least 90 days;
• Probation and/or
• Community Service

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead “Guilty” without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.

Additional Resources:

• Drug DUI and Super Extreme DUI laws

• Gilbert AZ Police Department

• Alcohol/Substance Abuse Counseling and Treatment Providers

• Arizona Department of Health Services – Behavior Health Resource Links

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation Maricopa County DUI & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ www.novakazlaw.com