Articles Posted in Drunk Driving Defenses

Arizona Supreme Court Rules on Voluntariness of Consent in DUI Testing Case
Law Office of James Novak

Consent for DUI Testing Gained by Officer’s Warning of the Law does not Constitute Voluntary Consent…unless Good Faith Exception to the Exclusionary Rule Applies. This article provides a case over overview and discussion of legal principles that applied. Article features include: Impact of ruling on Arizona DUI suspects; Good Faith Exception to the Exclusionary Rule; Arizona Court decisions on what constitutes voluntary consent to search; and answers to the question of whether or not a suspect should consent to DUI testing in Arizona; and Common defenses for DUI charges in Arizona.

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Right to Counsel before DUI Breath Test
Law Office of James Novak

If you are arrested for a DUI, you have a right to request an attorney’s assistance right away. But how much time are you given to find an attorney before you are given a Breathalyzer? In a recent Arizona Court of Appeals case, the defendant was convicted of aggravated DUI, for driving while impaired with…

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Arizona Supreme Court: DUI Partition Ratios Evidence Admissible
Law Office of James Novak

Arizona V. Cooperman: DUI Partition Ratio relevant, competent evidence to show lack of DUI Impairment. Blood Alcohol Content (BAC) refers to the concentration of alcohol in the blood that can currently be measured either by a DUI blood test or a breath test. Interestingly, however, the results of a breathalyzer test for DUI may not…

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DUI Blood Test Laws: DUI chemical tests taken without consent not admissible in Court
Law Office of James Novak

In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test. It is not enough for a suspect…

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DUI Task Force Stops: No one is immune. The police need no reason to stop you for DUI investigation, except the number of your vehicle in line.
Law Office of James Novak

“The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. The laws regarding routine DUI stops and DUI Task Force Stops are very different. To preserve your rights and defenses you should know the differences.” Difference between DUI Task Force Stops…

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Arizona Criminal Defense Attorney Blog

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

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

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

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