Heavy drinking combined with excessive sun exposure causes fluid loss, fatigue, dehydration, exhaustion, severe sunburn, alcohol poisoning, and impaired driving charges.

Other potential injuries and criminal charges occur as a result of excessive drinking including auto, boating, ATV, or motorcycle crashes; burns, drownings, assaults and violent crimes and DUI charges.

In Arizona high BAC levels call for harsh penalties in the event of a conviction. This article will provide insight into Arizona laws and penalties for Extreme DUI and Super Extreme DUI charges.

• 7 Facts about Excessive Drinking During Summer Months
• 20 Alcohol Consumption and DUI Safety Tips
• Arizona Extreme & Super Extreme DUI Laws and Penalties
• Criminal Defense for Extreme and Super Extreme DUI in Mesa AZ

7 Facts about Excessive Drinking During in the Summer Heat

1. According to National Institute on Alcohol Abuse and Alcoholism (NIAAA), excessive drinking is the leading cause of premature deaths, and the fourth leading cause of preventable deaths in the USA.
2. The NIAAA reports that 70 percent of all deaths surrounding water recreation involved the use of alcohol.
3. NIAAA sponsored research studies that concluded alcohol impairment may have been contributed to 60 percent of boating accidents where injuries or fatalities occurred. In these situations, at least one, boating or watercraft operators or passengers was impaired due to alcohol.
4. Excessive use of alcohol results in impaired judgement and increased risk-taking by swimmers who may swim farther out then they should. Alcohol causes fatigue and increases the risks of hypothermia. This results in an inability of even experienced swimmers to return to shore, resulting in drownings.
5. The National Highway Traffic and Safety Administration (NHTSA) reported that in nearly 70 motor vehicle crashes involving alcohol, one of the drivers had a BAC of 0.15 percent or greater. The heat and sun which cause thirst may compel individuals to drink a greater amount at a faster pace. This can result in binge drinking. The NIAAA has defined binge drinking as having four, five, or more spirituous liquor beverages within several hours. Binge drinkers reportedly consume an average of 8 drinks per binge.
6. The National Centers for Disease Control (CDC) reported that 9 out of 10 adults who binge drink are not dependent upon alcohol. Underage males were more likely to binge drink during the summer months, particularly in the month of July. Binge drinking leads to violence and assault injuries, motor vehicle crashes, chronic and serious medical conditions sexually transmitted diseases, and other injuries or illnesses.
7. According to the CDC binge drinking, particularly prevalent in underage drinkers in summer months. Binge drinking is the number one cause of fatal alcohol poisoning, high Blood Alcohol Content and impaired driving charges violation of Arizona’s Extreme DUI, and Super Extreme DUI laws.

20 Alcohol & DUI Safety tips

These 20 alcohol and DUI safety tips are separated into 4 categories:

♦ How to stay safe even if you don’t drink or don’t plan to drink.

♦ How to prevent DUI or an alcohol related accident if you plan to drink.

♦ How to avoid alcohol poisoning or other alcohol related injury.

♦ How to keep you, your family and guests safe if you are the host of a party where alcohol will be served.

If you don’t drink or don’t plan to drink:

• Be aware that others on the road around you may be driving impaired.
• Don’t ride with a driver who has been drinking.
• Be a designated driver.
• If someone has lost consciousness, call #911, or seek medical attention for them.
• Let a friend know if you think they’ve had too much to drink. Offer them a ride home or offer to help them obtain an alternative ride home.

How to prevent DUI or an alcohol related accident if you plan to drink:

• Don’t drive any type of motor vehicle, including boats, or ATVs.
• Say “no” to liquor shots.
• Plan not to get a DUI, by planning ahead for an alternative ride home.
• Make arrangements to stay overnight at the location, hotel or other nearby location.
• If you did not plan to drink, or if you drank an impairing amount, and find yourself behind the while of a vehicle, pull over to a safe, well- lit area or parking lot. Get out of the vehicle and try to call for a ride home. If you are not in a position to call for a ride and must sleep in your vehicle, make sure your automobile keys are no-where near the vehicle’s ignition.

How to avoid alcohol poisoning or other alcohol related injury:

• Don’t Binge Drink.
• Drink plenty of water.
• Protect yourself from the dehydrating effects of the sun which is enhanced while drinking.
• Don’t combine alcohol with drugs whether the substances are legal or illegal.
• Don’t try to “keep up” with others while drinking since each individual metabolizes alcohol at different rates.

If you are the host of a party or gathering where alcohol will be served:

• Offer non-alcoholic beverage choice and plenty of healthy snacks.
• Don’t allow underage persons to drink.
• Refrain from offering a person who has had too much to drink, any further liquor.
• Make sure your guests have a safe ride home. If a guest has had too much to drink, let them know and offer to take them home or help them obtain a sober ride.
• For pool parties, cook-outs, and other outdoor activities, make sure guests have access to a cool and shaded location.

Arizona Extreme & Super Extreme DUI Laws and Penalties

Extreme DUI Law – A person may be in violation of A.R.S. 28 -1382 – (A) (1) if they are found to be driving or in actual physical control of a vehicle with a BAC of 0.15 or greater, but less than 0.20 percent.

Super Extreme DUI Law – A person may be in violation of A.R.S. 28- 1382 – (A) (2) if they are found to be driving or in actual physical control of a vehicle with a BAC of 0.20 or greater.

In absence of aggravating factors both Extreme and Super Extreme DUI charges are classified as a Class 1 misdemeanor. These are the most severe charges in the misdemeanor classification.

High BAC levels in drunk drivers call for more harsh penalties in Arizona. Penalties for first time DUI Extreme DUI convictions under A.R.S. 28-1382 (A) (1) include:

• Jail terms of 30 days;
• Fines, fees, costs and assessments of $2500.00;
• Installation of a certified ignition interlock device (IID) in vehicle for 1 year;
• Alcohol and substance abuse screening, counseling or treatment;
• Probation;
• Driver’s license suspension;
• Other penalties the court deems necessary

Penalties for first time Super Extreme DUI convictions under A.R.S. 28-1382 (A) (2) include:

• Jail terms of 45 days;
• Fines, fees, costs and assessments of $2700.00;
• Installation of a certified ignition interlock device (IID) in vehicle for 1.5 years;
• Alcohol and substance abuse screening, counseling or treatment;
• Probation;
• Driving privileges suspended;
• Other penalties the court deems necessary

A second violation of Extreme DUI charges within 7 years calls for revocation of driving privileges for one year; and jail terms of 120 days for Extreme DUI, and 180 days for Super Extreme DUI convictions; Fines, fees and assessments of $3250.00 for Extreme DUI and $3750.00 for Super Extreme DUI; and 30 days Community restitution; IID for 1 year for Extreme DUI, and IID for 18 months for Super Extreme DUI, and alcohol abuse counseling, or treatment. .

A third DUI or more raises the charges to an Aggravated DUI (Felony) which exposes a person to 4 to 8 months in prison; Fines, fees and assessments of $4,000; revocation of driver’s license for one year; IID for two years; alcohol abuse counseling or treatment; and possible forfeiture of the driver’s vehicle.

Criminal Defense for Extreme and Super Extreme DUI in Mesa AZ

If you have been arrested for any DUI it is important that you consult an experienced criminal defense attorney as soon as possible following your arrest.

No matter how severe the charges are that have been brought, you have the right to defend your charges and hire an effective attorney to represent you for them.

James Novak, of the Law Office of James Novak, PLLC is a former prosecutor in Maricopa County and exclusively defends impaired driving and criminal charges for defendants through the Phoenix Metro areas and East Valley cities of Mesa, Chandler, Gilbert, Tempe, and Scottsdale AZ.

If retained, James Novak, will protect your rights, defend your charges, and work to get the most favorable outcome in your case.

He will evaluate your case to determine what defenses are the most likely to lead to a best resolution of your charges.

James Novak offers a free consultation for defendants with active charges in in Maricopa County within his service areas. Contact or call The Law Office of James Novak, PLLC at (480) 413-1499 and speak with James Novak directly about your matter, and obtain options for your defense. today.

Additional Resources:

• National Centers for Disease Control
• The National Institute of Alcohol Abuse and Alcoholism
• R.S. 28-1382 | Extreme & Super Extreme DUI Laws
• Arizona Governor’s Office on Highway Safety
• CDC Survey Analysis – How Arizona Stands on Binge Drinking and Drug Use

Related Articles:

• What You Should Know about Arizona DUI Laws
• Underage Drinking: Arming Influencers with Safety & Prevention Resources
• 5 Myths v. Facts about BAC, DUI, Alcohol & Drugs
• New Affirmative Defense for DUI Marijuana or Impairing Metabolite in Arizona
• AZ Supreme Court: No Additional Requirement under for Police to Rule out Innocent Driver Conduct

You might remember the viral video of an Arizona man, 22 year old Matthew Cordle, who caused a fatal drunk driving accident. He provided a confession in a four-minute online video that went viral with 2.3 million views last September.

Cordle began his chilling confession with “My name is Matthew Cordle and on June 22, 2013, I hit and killed Vincent Canzani. This video will act as my confession.”

Vincent Canzani 61, was the father of two daughters, and a former USA Naval Submarine Veteran. He was pronounced dead at the scene of the accident.

Immediately following the crash, Cordle was taken to the hospital for his injuries. But at that time he denied being intoxicated, driving impaired, or causing the fatal accident.

Cordle confessed in the video, that he was driving the wrong way on an interstate, and crashed into Vincent Canzani vehicle.

In the video was the blurred face of man, Cordle, admitting to barhopping, blacking out and driving home drunk. Cordle explained that he had been drinking heavily before getting behind the wheel, and blacked out just before losing control of his vehicle.

Cordle had not yet been charged at the time the video was made, but was expecting the charges to be brought based on the DUI blood test results.

Interestingly, Cordle had retained an attorney, but his attorney claimed he was not aware that his client had planned to post a video confession on the internet.

The DUI test results revealed that Cordle had been driving with a Blood Alcohol Content (BAC) of 0.191 percent. In Arizona, BAC of .015 to .019 DUI would be in violation of the Extreme DUI laws.

Cordle faced the State’s maximum sentence in the charges of 8 1/2 years in prison for aggravated vehicular homicide and an operating under the influence (OUI).

Cordle said the reason he made the video was to encourage people not to drink and drive. In it he claimed that he understood that the video was a confession that would provide prosecutors with necessary ammunition against him to get a conviction.

Following the video confession, Cordle was formally charged. But at the arraignment, the suspect pled “not-guilty”. Entering a plea of “not-guilty” invokes a suspects right to defend their charges and retain legal representation.

However, the initial “not guilty plea” did not sit well with the presiding judge. She expected Cordle to plead guilty since he already confessed to the crime. The judge claimed she was “incensed” that Cordle did not plead guilty – claiming that a not-guilty plea at this point, in her opinion was a display that the defendant was not “forthright”.

Apparently, Cordle’s defense attorney pled guilty on his client’s behalf, largely due to the fact that under Ohio law, entering a guilty plea locks in the judge. Cordle’s defense attorney was concerned as to how this particular judge would sentence the defendant. He wanted to make sure his client received fair treatment and rather than a sentence influenced by the media or public outcry, as a result of the unfavorable response from the public, social media, and news media coverage. The judge then set Cordle’s bond at $225,000.

In October 2013, Cordle reversed his plea to guilty for charges of aggravated vehicular homicide and operating a vehicle while impaired. He was convicted and sentenced to 6 1/2 years in prison; lifetime driver’s license suspension; and a fine of $1075.00, according to reports.

Cordle claimed his confession was intended with good cause to help others. At the end of the video, he extended a heartfelt and remorseful plea, warning motorists not to drink and drive.

At sentencing, Cordle was met with unexpected mercy by the family of the victim. The victim’s former wife read a letter at Cordle’s sentencing hearing. She requested on behalf of the family that the judge extend leniency in punishment to be imposed. She believed that because of the type of man the victim was, he would not have wanted the defendant to get the maximum punishment. This plea by family likely served to impact the judge’s decision not to impose maximum sentencing, considering the sentence was two years short of the maximum allowable for the charges.

The survivor’s unexpected plea to the judge for leniency in sentencing following the loss of their loved one caused by a drunk driver was compelling to say the least. It was a rare and and exceptional response from a family who lost a loved one whose life was ended by a drunk driver. One few defendants would be afforded under similar circumstances.

A wrongful death of a loved one in and of itself is enough to harden the hearts of their families. But for many, there is no worse aggravation of pain and suffering than to learn that the wrongdoer has posted public social media messages, videos, or photos, about the wrongful death or serious injury, or to boast about their involvement in the crime.

Law Enforcement’s Use of Social Media in Criminal Investigations

The Federal Bureau of Investigations (FBI) and Police Agencies have long recognized the benefits of using social media and the internet to derive evidence in criminal investigations.

In the “2013 Social Media Survey” conducted by the International Police Chief’s Association it was revealed that 96 percent of law enforcement agencies surveyed were using social media to investigate crimes. Below are some additional findings from that study:

• 500 police agencies representing 48 states reported using social media as an integral tool for criminal investigations.

• 81 percent of agencies said the most common use of social media was for criminal investigations;

• 80 percent of agencies reported that social media helped solve the crimes in their investigations;

• 69 percent of agencies surveyed had social media policies and 14 percent were in the process of crafting policies;

• 92 percent of the investigations were conducted using Facebook;

• At the time of this survey the top three Social Media outlets used to investigate crimes were Facebook, Twitter, and Youtube. The internet as become a staple in criminal investigations. Police and prosecutors often scour social media accounts and the internet as part of a criminal investigation. There is potential for not only law enforcement officials to learn about criminal involvement, but also for other users to report it to them.

Freely commenting or sharing information about about your drinking and driving behaviors, or involvement in a crime, will usually result in a swift arrest and prosecution of the offense; just what the state and prosecution needs to convict a suspect.

The 5th Amendment of the US Constitution affords persons protection against self-incrimination. States also provide such protections under their own laws and constitution.

To freely post comments or media about a criminal incident for which a person has been involved, outside of, or against the advice from their criminal defense attorney, will jeopardize their case, and their rights in this regard.

Why Do People Post about their Crimes on Social Media?

Dr. Pamela Rutledge, Director of the Media Psychology Research Center (MPRC) , a non-profit organization that examines all aspects of human experience on social media, and it’s impacts on society. She recently commented in a CNN article on this very subject. She explained there are number of reasons people post about their criminal involvement on Social Media. But in most cases the person posting is looking for a way to feel important. She explained that sadly this need for “bravado” often over powers the concern of being caught.

The Federal Bureau of Investigation reported on similar findings in a recent article entitled “Social Media and Law Enforcement”. They wrote “The structure of social media encourages self-promotion. It offers easy access to an unlimited pool of potential “friends.” Individuals who crave validation can achieve a feeling of connection not available in their offline lives. People who have a desire for attention, notoriety, or fame are attracted to it. To get noticed, they often post entertaining or provocative information…Constraints do not exist for social media”.

Facebook, Twitter, Google Plus and other social media outlets, have become an inherent part of people’s lives and work. Its natural for them to speak their mind. Its second nature to post about anything and everything. But once content or media is posted onto an internet website, or social media forum, it becomes “fair game” to use as evidence against the suspects. User’s comments, videos and photos posted or shared that relate to their involvement in a crime is one of the strongest forms of evidence the police and prosecution can use against a suspect. In essence, a person completes the investigation for the prosecution, in what is considered to be one of the strongest forms of evidence that can be used against them.

Electronic communications on the internet, social media, texting or E-mail are just a few of many ways people implicate themselves in DUI charges and other crimes. Another common place where self-incrimination occurs is at a DUI stop.

If you are stopped for suspected drunk driving in Arizona it is important to resist any temptation you might feel about talking to police, and sharing your side of the story. This generally backfires on a suspect. Unfortunately, your openness, and forthright will not generally defuse your problems. But they will often result in arrest and prosecution.

A confession or admission like the public, like the tragic one described above, can severely jeopardize your criminal defense case in court. The statements you give to the police at the DUI stop, and while being detained can be used as evidence against you.

You may also think because you’re drunk, what you say doesn’t matter or that your attorney can later make an argument that your confession was involuntary. In Arizona, a confession is involuntary if a defendant’s will was overcome under the totality of the circumstances. If the State wants to show the confession was made voluntarily and get it admitted into evidence, the State will put an officer on the stand to testify that the confession was made without threat or coercion or promises of immunity.

Even extreme intoxication does not by itself render a confession involuntary in Arizona, as discussed in the case State v. Londo. In that case, a defendant appealed his conviction for narcotics drug sales or transfers claiming that his admission or confession about swallowing crack cocaine was obtained involuntarily and in violation of his right to remain silent. The court ruled that extreme intoxication could be a relevant circumstance but was not enough on its own to get a confession or admission suppressed altogether.

The Fifth Amendment protects your right to remain silent–this silence cannot be held against you. You should not pick and choose which questions you answer, or a negative inference may be raised with respect to the questions you choose not to answer. A blanket refusal to answer questions will work better. Since you also have right to an attorney and the right to a defense, if you are stopped for drunk driving, you can refuse to answer questions and request access to your attorney.

10 Ways to Protect Yourself from Self-Incrimination

1. Invoke your right to remain silent, even if your “Miranda warning” has not been read to you;
2. Refrain from posting comments, videos, or any other communications on any social accounts or platforms;
3. Refrain from texting, or discussing the matter with family and friends;
4. If the police contact you for questioning about your alleged involvement in a crime, politely and respectfully decline to comment;
5. Refrain from casual comments with police or authorities, and respectfully ask if you are “free to leave” if you are not being arrested;
6. Refrain from answering questions at a DUI stop about where you’re going, where you’ve been, what you’ve have had to drink or eat, or any medications you’ve taken;
7. Refrain from testifying, or providing any testimony verbal, or written, in absence proper criminal defense representation;
8. Know your rights in order to protect yourself from unlawful search and seizures;
9. If you are a bystander, or witness, of someone else’s arrest, remain quiet, and do not intervene;
10. Consult a criminal defense attorney who serves the city where the alleged crime occurred as soon as possible to discuss your concerns, and defense options.

How to invoke your Right to Remain Silent

Keep in mind that the right to remain silent exists even if you are not under arrest. However, it is not enough to remain silent without invoking your right. To invoke this right, you must either state verbally or in writing that you wish to remain silent. If you fail invoke your right, and simply remain silent, you will be seen as being uncooperative.

Criminal Defense for DUI and Crimes in Phoenix AZ

The relationship you have with your DUI attorney makes it possible to be open and forthright about anything related to the alleged crime, but you should not talk about the case to any other people or make any admissions to them.

If you are arrested, have receive criminal or DUI charges, or there is an outstanding warrant for your arrest, you should consult an experienced criminal defense attorney as soon as possible to discuss your matter and defense options If retained, they will protect your rights and provide an effective defense on your behalf. This will increase your chances of being treated fairly, and obtaining more favorable outcome in your case.

If you are under formal investigation for a serious crime, you also have the option of retaining criminal defense protection. This is known as pre-charge or pre-indictment representation.

Pre-charge representation can sometimes lead to charges not being brought, alternative resolutions to the matter, an additional wall of protection to prevent the suspect from self-incrimination; assures your rights are protected, provide self-surrendering assistance to avoid arrest; enables your attorney to be present in the event you are required to undergo questioning or interrogation; and a host of other criminal defense pretrial benefits.

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 and Scottsdale, AZ.

Additional Resources:

• Drug DUI and Super Extreme DUI laws
• Arizona 2012 Statewide DUI Enforcement Statistics
• Mothers Against Drunk Driving
• International Association of Chiefs of Police (IACP) Social Media Survey Results
• Medial Psychology Research Center
• FBI – Social Media and Law Enforcement

More Blogs

• Felony DUI Laws and Penalties in Arizona, Phoenix DUI Lawyer Blog, July 1, 2013
• Arizona Supreme Court: DUI Partition Ratios Evidence Admissible, Phoenix DUI Lawyer Blog, August 27, 2012

On September 25, 2012, the US Supreme Court agreed to hear Missouri, Petitioner v. Tyler G. McNeely. The decision could affect DUI blood test consent cases throughout the nation.

The high court will rule on the issue of when the police need a warrant to draw blood from a suspect stopped on DUI, if they refuse a blood test. The law requires consent by the suspect to for the blood test to be administered, or in the alternative, with a warrant by police. The warrant could be waived, however, under the following circumstances:

• A delay could threaten a life; or
• A delay would destroy potential evidence.

In this case, the suspect refused both the breath test, and was also unwilling to take a blood test. The police proceeded with the chemical blood test which reportedly was 0.154% and exceeded the legal limit in Missouri of .08%.

The defendant moved to suppress the blood test on the challenge that since he did not consent to the test; the officer did not seek a warrant; and the officer was not concerned about any delay jeopardizing the evidence. As a result, the defendant’s challenge was that it violation of his 4th Amendment Rights against unreasonable search and seizures.

The lower court suppressed the DUI blood test evidence, and the Missouri Supreme Court sided affirmed the lower trial court’s ruling. The US Supreme Court is expected to hear the case in January 2013.

Arizona DUI Blood Test Consent Laws

The Arizona Supreme Court also held that under A.R.S. § 28-1321 the suspect must either expressly consent. In the case of a refusal the e police must have a warrant to administer a blood test. A warrant will be granted, if the police have just cause to believe a motorist was driving impaired due to alcohol or drugs. If the driver refuses the breath test, or does not consent to the blood test, civil penalties will be imposed including a one year loss of driver’s license. The refusal will also be held against them in court. Refusals are perceived as an act of non-cooperation, or that the driver refused because they knew they would test positive for drugs or alcohol.

DUI Defense Attorney Mesa AZ

If you were arrested for any DUI you will need to address both the Civil Court penalties and the Criminal Court charges. You should always consult a qualified Criminal attorney before pleading guilty to a drunk driving or DUI charges. In addition to civil penalties, sentencing for convictions also include jail; fines, fees, assessment costs, drug or alcohol screening, and use of Ignition Interlock Device (IID) on your vehicle. If retained, your attorney will represent you, defend your charges, make sure your rights are not violated, and work to get the best resolution in your case.

Additional Resources:

• US Supreme Court Docket – Missouri, Petitioner v. Tyler G. McNeely

• Arizona State Legislature – Implied Consent Laws

• Arizona Governor’s Office of Highway Safety Programs

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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 Maricopa County

There are three elements of a DUI charge in Arizona. Establishing impairment is the third, and most difficult to confirm. First, the facts need to establish that the motorist must be driving or in actual physical control of a vehicle. Second, the police must determine if a motorist is under the influence of alcohol or drugs. Third, the police must establish that a person’s ability to drive was “Impaired to the slightest degree” or more as a result of drugs, alcohol or any combination of drugs and alcohol.

Driving “Impairment” Defined

The Arizona Department of Public Safety defines a “driver impairment” resulting from being under the influence of drugs or alcohol as:

“A reduction in the performance of critical driving tasks” To determine if the motorist is experiencing a reduction of performance, the police are required to follow certain procedures and protocol. The officer will need to have “probable cause” to believe the driver is impaired due to drugs or alcohol.

Determining Driver Impairment

Determining an impairment of a driver is less fact oriented and less objective than determining their Blood Alcohol Content (BAC) level. BAC levels can be obtained through use of a breathalyzer test or a chemical test such as DUI blood test.

Here are some tools the police will use to determine if a driver is impaired:

1. The motorist driving behaviors prior to the stop;

2. Police observations of the motorist at the time of, and following the stop;

3. Mannerisms and responses of the motorist to questions asked by the officer;

4. Ability of the motorist to follow instructions;

5. Statements or admittance made by motorist to police;

6. Passenger or objective witness statements;

7. DUI Roadside Standard Field Sobriety Tests (SFSTs) developed by NHTSA:

a. Horizontal Gaze Nystagmus (HGN) Eye Test

b. On-Leg Stand Test;

c. Walk-and-Turn Test These factors, particularly the DUI Roadside Testing FSTs are often challenged; considered biased and police opinionated, by the defense. This is because the police explain the test; provide instructions; administer the tests, and then grade the tests.

Arizona DUI Laws

Under Arizona law A.R.S. §28.1381, a motorist may be arrested for DUI, if they are driving below the legal limit of 0.08% Blood Alcohol Content (BAC); or if they are under the influence of drugs, and are “impaired to the slightest degree”. Criminal Charges will be brought as a Class 1 Misdemeanor.

Criminal Defense Firm for DUI charges Tempe AZ

You should always consult a criminal defense attorney if you were arrested for any type of DUI charges. The penalties are harsh for convictions, even for firs time Drug DUI and DUI “Impaired to the slightest degree”. Sentencing is the same as those for DUI in excess of the legal limit of 0.08% BAC, but before 0.15%. Penalties include jail term of 10 days; driver’s license suspension for 90 days; use of Ignition Interlock Device (IID) on their vehicles; alcohol or drug screening and education; probation; fines, fees, and assessment costs. You will need a qualified and experienced legal advocate to defend your charges, make sure your rights are protected, and work to resolve the charges with a favorable outcome.

Additional Resources:

• Arizona Department of Public Safety

• Arizona State Legislature – Revised Statutes

• Maricopa County Superior Court – Criminal Case Information

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Arizona DUI & Criminal Defense Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ

Marijuana Possession Charges

Under current law qualified patients of the MM cards may purchase 2.5 ounces of Marijuana every two weeks. However, despite the fact that a person may be a qualified MM card holder they risk arrest for illegal drug possession. Some County prosecutors are not recognizing its’ medicinal legality. This is because they feel it conflicts with Federal laws which prohibit the use of it for any reason. Some Maricopa County prosecutors have vowed to prosecute these charges. They will likely be convicted in lower court, and then be compelled to appeal a possession conviction to a higher court, until a ruling can be ordered by the Court of Appeals or the Arizona Supreme Court.

Drug DUI charges

Possession of a legal MM card will not prevent a motorist from getting a Drug DUI. The effects of Marijuana can stay in a person’s system for days, weeks, and even months depending on how much and often they use it. So if a driver tests positive for Marijuana following a DUI stop, they may be arrested even if the Marijuana did not cause their driving to be impaired to the slightest degree. If in fact, the driver was not impaired to the slightest degree due to the Marijuana found in their system, they will have a justifiable defense against the DUI drug charges under Arizona Law.

Arizona Drug DUI Laws

Under Arizona Drug DUI law A.R.S. 28-1381 it is unlawful for a person to drive or be in actual physical control of a vehicle if they are:

• Under the influence of any drugs or alcohol; and
• Impaired to the slightest degree;

While there is any drug defined in section A.R.S. 13-3401 or its metabolite in the person’s system The law specifies that it is not a defense that a defendant was entitled to use the drug under Arizona Law. This will be charged as a Class 1 Misdemeanor.

Criminal Defense Attorney for Drug DUI and Possession Mesa, AZ

It is important that you consult an experienced criminal attorney to discuss your matter and options for defense following an arrest. You should never plead guilty to charges without first discussing the matter with your legal counsel or without their legal representation. The Arizona laws are very strict and the penalties are harsh. Sentencing includes jail time; fines; fees; drug or alcohol counseling and treatment; suspension of driver’s license; use of interlock device on vehicle; probation, and other penalties ordered by the court. Defenses should be argued by a qualified criminal attorney under Arizona Rules of criminal procedure through proper court channels. Successful challenges may lead to evidence suppression, charge dismissal or other favorable outcome in your case.

Additional Resources:

• Arizona Department of Health Services

• Arizona Legislature Revised Statutes

• Maricopa County Superior Drug Court

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

The police have discretion of whether or not to conduct a blood test or a breath test following a DUI stop in Arizona. Here are 5 reasons why an officer may decide to conduct a blood test over a breath test:

• Breath Test Refusal by the suspect:
• Suspect is not a good candidate;
• Breathalyzer machine non calibrated or in need of repair;
• Police Suspect a motorist is under the influence of chemical or drugs;
• Initial Portable Breathalyzer Test (PBT) was negative for alcohol.

Breath Test Refusal

In Arizona, a motorist has the option of refusing a breathalyzer test. However if they refuse and police believe they have probable cause to believe a person is under the influence of drug or alcohol, they will get a warrant to conduct a blood test. Also, if a suspect refuses the breath test, their driving privileges will be suspended for one year.

Not a Good Breathalyzer Test Candidate

In order for the breathalyzer test to be accurate or valid, optimal conditions must exist. Police must be sure to avoid substance interference. Medical Conditions such as heartburn or gastric reflux disease may skew the results of a BAC reading. Trial results have proven that stomach fluids may find their way into a suspect’s breath such as chewing tobacco; cough drops; belching or vomiting, or even alcohol may cause interference, causing test results to be inaccurate.

Breathalyzer in Need of Calibration or Repair

The official DUI Breathalyzer Intoxilyzer 8000 must be regularly maintained, and records to support its maintenance needs to be kept. Some machines, especially those that have been in use for a while, may have a history or needed repairs, or be in current need of repairs.

Police Suspect Drug DUI

Circumstances may cause the police to suspect a driver is under the influence of drugs instead of alcohol. Some reasons may include a person admits to being under the influence of drugs; the police witnessed a person using drugs; the police saw an illegal drug in plain sight when they approached a vehicle.

Initial Portable Breathalyzer Test (PBT) was negative for alcohol. Generally, the police will first conduct a Portable Breath Test (PBT). Arizona does not allow the results of the PBT to be used as the sole source of evidence to obtain a conviction. This is because they are not maintained, calibrated, or subject to strict maintenance reporting guidelines like the official Breathalyzer Intoxilyzer 8000 machine. Its main purpose to either show positive or negative for alcohol use. If the results of the PBT are positive the police will proceed with formal breath test. If the results are negative, but police have probable cause to believe a person is under the influence of drugs, they will proceed with a blood or chemical test.

If you wish to defend your DUI charges, blood test, or breath test evidence you should always retain an experienced DUI attorney to represent you.

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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

What You Need to Know About Mesa Charges and Criminal Defense for DUI DWI or Drunk Driving Charges in Mesa AZ

Q. Do I need a DUI lawyer for my Mesa DUI?

A. Yes. Whether your DUI is a felony or misdemeanor, you should consult an Arizona Criminal Defense or DUI lawyer who defends cases in Mesa AZ as soon as possible. Mesa DUI laws are governed by Arizona State Laws and criminal code. Arizona has some of the toughest laws for DUI in the country. *Most types of DUI charges require jail or prison, and suspension or revocation of your driver’s license, as part of the DUI penalties if convicted. In many cases extremely severe penalties are not deserved. This is true especially in the case of a first time Misdemeanor DUI, non-extreme DUI. Many Arizonans argue that jail is too harsh, unjustified, and costly for the State. A DUI lawyer or Criminal Defense attorney in Arizona understands and is familiar with constantly changing criminal and DUI laws, and current case law that may apply to your case and be able to be used in your favor. They will use the laws to protect you and your constitutional rights, and make every effort to get your Mesa DUI charges dismissed, reduced, or otherwise the best possible outcome in your case.

Q. Can I go to my DUI Court without an AZ DUI Lawyer?

A. Yes. But understand that you will be held to the same standards as any DUI defense attorney would with regard to knowing the deadlines, court standards, protocol, and laws. You will not get any leniency by the court, judge or prosecutor if you are not represented by a DUI DWI lawyer for your Mesa DUI. Mesa AZ DUI defendants feel the criminal justice system and courts are a vast and complex and set up more to convict you than defend you. That is true in many aspects. The Arizona prosecutor has a responsibility convict you of a DUI and impose the most severe penalties possible.

A DUI and Criminal Defense attorney in who defends DUI charges in Mesa AZ on a regular basis will be familiar with the court systems, judges, prosecution, standards, procedures and protocol. Bottom line, these factors will all work to the advantage of your defense.

Q. Will the court judge be more harsh on me, if I hire an attorney defend my Mesa DUI?

A. No. Defendants are many times surprised to find quite the contrary. The Judges prefer a client to have legal representation or an effective defense attorney to avoid any confusion or misunderstandings regarding the laws, processes and sentencing; and will provide them legal guidance verses having no legal guidance regarding protocol and being accused of an Arizona DUI. The judge can then assume you will you understand fully the ramification of the DUI charges, your plea, the verdict, and consequences resulting from the Arizona criminal justice process.

Q. Will the Arizona Prosecutor treat me differently if I hire a private practice DUI lawyer to defend me for my Mesa DUI charges?

A. The AZ prosecution will generally not mistreat you. However, what they don’t want you to know is that it is a “game changer” for them. When a defendant is not represented by a criminal defense attorney, they know they will be able to get a swift and harsh conviction. They know ways that you may not be aware of, that they can cause you to incriminate yourself or harm your own case. In most situations, have the advantage over you in absence of your having effective assistance of legal counsel. They will likely be more familiar with the AZ laws, courts system, and of having built a case of evidence against you. They know that without an effective DUI defense attorney, it will be difficult for you to challenge that evidence or protect yourself. It makes their job much easier to convict you if you do not have a criminal defense attorney representing you.

*All Arizona Laws are subject to change. You should contact an Arizona DUI lawyer in the jurisdiction or city where you received DUI or criminal charges for current laws, and information relating to your specific DUI or criminal matter.

If you have an outstanding arrest warrant, or been arrested in Maricopa County for AZ DUI, DWI, Drunk Driving 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).

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 within the Phoenix metro and Maricopa County Areas. 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

“In dollars and “sense” the cost of retaining a good Mesa DUI defense lawyer, is far less a price, than fines, fees, costs, and your freedom, if convicted of a Mesa felony DUI.” If you were charged with felony DUI in Mesa, AZ you should consult a Mesa DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Mesa exposes you to severe penalties. You will need a strong Mesa Felony DUI attorney to defend your Felony DUI charges.

Felony DUI – Arizona Laws: There are three factors that will aggravate a Mesa Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. “Felony DUI” charges are also known as “Aggravated DUI charges”:

1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while you were driving on a suspended, restricted or revoked drivers license – Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) The new Mesa DUI charge is your third DUI in 7 years. At least two of the prior DUI charges resulted in convictions within the last 7 years. – Class 3 felony

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

DUI Penalties – Felony DUI Sentencing in Arizona

A Felony DUI conviction for Mesa DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentencing ranging from one day to one year;

• Prison time from 4 months to 2 ½ years;

• Revocation of your drivers license for 3 years;

• Ignition Interlock Device at your expense;

• 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 (The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law).

Felony DUI Penalties for a Mesa DUI conviction may be “aggravated” or “mitigated”. Aggravated penalties are factors that surround your Mesa DUI that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Mesa DUI Lawyer – Felony DUI Defense Mesa AZ

The judge will not offer you leniency, out of compassion or the fact that you do not have good legal representation by a Mesa DUI attorney. Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find those mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.

The felony DUI penalties are so severe, that often defendants feel that the situation is hopeless, and they do not feel even a DUI Attorney can help them. However, Felony DUI charges are often dismissed completely, or in part, by good Mesa DUI defense attorneys. A qualified Mesa DUI lawyer or AZ criminal defense lawyer can defend any Mesa Felony DUI charge regardless of the severity or classification. Good Mesa DUI lawyers often are able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Early retention of a good private practice Mesa DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Mesa DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

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.

Here is a short list of resources to look and help you find the best criminal defense attorney to defend you in Mesa Court or other court in Maricopa County for your Mesa AZ Charges:

• The internet. Many attorneys not only have websites, but have a wealth of information on their website that tells you about them, their experience, qualifications and credentials.

• Internet review websites and other public resources on the web.

• Referrals from friends, neighbors, or family. Be cautious not to reveal or discuss and details regarding your case.

• Maricopa County Bar Association.

• Arizona State Bar. Make sure the criminal defense attorney is licensed to practice criminal defense in Arizona. If you were charged in Arizona, you need to hire an attorney who is licensed to practice in Arizona and does so regularly.

• Once you have selected a few attorneys you wish to speak with, contact them for a Free Consultation. Be sure the consultation is free. Most criminal and DUI attorneys do not charge for the initial consultation,

• Answer any questions the Attorney may have. They will need additional information to help you. Then ask about your defense options and their fees for retention including terms of fee payment. Many attorneys are flexible and will provide a discount if you ask depending on the nature of the charges and the amount of work they will need to put into your case.

• Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.

• Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.

• Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.

• Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don’t know what that is, ask. You will be working with your attorney as a team. If you do not trust their judgment or competence from the start, your defense will be headed for disaster. So if the basic trust is not there from the start, you should continue your search until you feel that comfort level.

Choosing a Mesa DUI or criminal attorney for your Mesa criminal charges is one of the most important decisions you will make in a lifetime. An unwise decision can cost you not only the attorney fees, but your freedom and future. A wise well thought out decision will increase your chances of getting a dismissal or reduction of charges or sentencing and potential for a fresh start on life. Second chances are rare.

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 area including the cities of Chandler, Tempe , Phoenix, Mesa, Gilbert and Tempe Arizona, Phoenix Metro, and Phoenix East Valley Arizona.

Mesa DUI Defense Strategies

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.

LACK OF ROUTINE BREATHALYZER MACHINE MAINTAINENCE Was Breathalyzer Machine used properly and timely maintained? Breathalyzer Machine Units require routine maintenance checks.

FAILURE TO RECORD THE VALUE SIMULATOR SOLUTION Did the breath machine operator officially record the value simulator solution used in the test? The value of the simulator solution used to obtain the suspect’s breath test results is required for the BAC to be admissible in court Mesa AZ DUI Defenses There are many DUI defenses that may apply and can be used to defend your DUI charges in Mesa Arizona. A good DUI lawyer who defends DUI charges in Mesa Court will know what DUI defense strategies can be used in your case. The above defenses are just a few of many defenses surrounding breath testing results. 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.

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 Mesa, Scottsdale, Phoenix, Chandler, 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.

Field Sobriety Tests Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). However, many of the best Mesa DUI lawyers don’t consider them real or valid tests. This is due to their subjective nature and police biases in reporting performance results. For this reason, many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Mesa. The Big Secret Mesa Police Don’t Want You to Know One thing Mesa Police do not usually offer to tell you is that Field Sobriety Testing is not required under Arizona Law. You have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them or refuse. The reason is that if you decline, the Mesa police may arrest you and take you into custody on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge the results through the proper legal channels. The choice is yours. Depending on your circumstances, you must make a choice, at the time of the stop. But at least you will know the risks of either choice.

FST results are determined by the Mesa police officer conducting the FST. The FST is the least reliable of any Mesa DUI evidence that they will attempt to use against you. It is sad but true that the Mesa Police may intentionally make it sound like you did poorly on the tests, when in fact; you did as good as or better than someone unimpaired on drugs or alcohol. The Mesa Police want arrests, Mesa Court and prosecutors want convictions.

Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors which include but are not limited to stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. Just one more justification as to why they are often challenged by experienced DUI Layers who defend cases in Mesa. The actual purpose for the FST is to use it as a preliminary resource, for the officer to make a decision as to whether or not additional DUI or Drug testing is needed. It was never intended to bear the sole weight of convicting you in a court of law of a Gilbert DUI. However, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence if the police report that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as 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:

• YOU WERE AT A DISADVANTAGE OF PERFORMING THE TESTS ACURATELY DUE TO UNFAVORABLE ROADSIDE CONDICTIONS, INCLUDING BY NOT LIMITED TO SUCH THINGS AS INCLIMATE WEATHER, HEAVY TRAFFIC, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED CONDITIONS THAT ARE SIMPLY NONEXISTENT IN A ROAD SIDE ENVIORNMENT. A MAIN CONDITION IS A SPECIFIC TYPE OF LIGHTING THAT MUST EXIST OR BE USED.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY DISQUALIFY A PERSON TO BE AN UNFAVORABLE CANDITATE, INVOLVE ISSUES SUCH AS WEIGHT, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS. • FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID AND CAN NOT BE USED AGAINST YOU.

• THE POLICE OFFICER FAILED TO REPORT, INDICATE, OR POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS. THE POLICE THEN REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• YOU PERFORMED POORLY BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMDATED BY THE POLICE.

• THE POLICE INCORRECTLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY LAW. These are just a few arguments of many that an AZ DUI Attorney can use to challenge the Field Sobriety Test results that lead to your Mesa DUI charges. You should consult a good Mesa DUI attorney who defends DUI cases frequently. Many of the best AZ DUI attorneys who defend Gilbert DUI cases are not only affordable, but they offer Free Consultations if you have been charged with a Gilbert DUI or criminal offense.

Challenging evidence and utilizing defenses requires your DUI Attorney to have the roper training, education, litigation and defense experience, needed to be effective and successful in defending your case, FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Mesa DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

more If you have been arrested for any Mesa 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 Mesa and valley-wide surrounding cities in 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.

If you have been arrested for a DUI in Mesa Arizona, you already know Arizona has some of the toughest DUI laws in the Country. Mesa Arizona is very aggressive when it comes to DUIs. One of the most important priorities for Mesa Police are finding, and arresting DUI – DWI drivers, and getting convictions. Their laws fall within the criminal code of Arizona DUI laws that carry severe punishments and sentencing for a DUI conviction. Even for a first time Mesa DUI arrest, you will need a strong and experienced Mesa Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Mesa Arizona. But it is not so easy to find a good Mesa DUI Lawyer or one of the best Criminal Defense Attorneys to defend you, who defend cases frequently in Mesa Arizona Courts.

If you are arrested for a Mesa DUI, make sure you hire a DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Mesa Arizona. Make sure your Arizona DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Mesa DUI or Drug DUI Charges.

Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. There are many questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These are cited in detail within the Winning Defense Strategies Book Series “#1 Arizona DUI Defense”, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak and can be downloaded for free at www.arizonacriminaldefenselawyer.com.

Maximum penalties allowed by Arizona DUI law can have a devastating impact on your life, family, and future. A good Arizona Attorney will make sure you get a fighting chance, and make sure your constitutional rights have not been or will not be violated. An experienced Mesa Arizona DUI Defense Attorney, who defends DUI cases frequently in Mesa AZ, can mean the difference between a conviction or total dismissal, or reduction your criminal or DUI charges.

If you have been charged with any Mesa, 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 Mesa 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, 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.

If you face Mesa AZ drug DUI or medication DUI charges you should contact an experienced drug defense attorney, Mesa criminal defense attorney or DUI attorney who defends cases in Mesa AZ as soon as possible. Early retention of an experienced Mesa DUI attorney is one of the keys to a winning defense.

If you test positive for drugs and are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Mesa police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Mesa Drug DUI Laws Any Mesa AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. 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….

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….” (Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

DUI with Medications, Drug DUI Defense Mesa, AZ If you have been charged with a Mesa drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, Drug defense or DUI lawyer who defends DUI and drug DUI charges in Mesa Court frequently. It takes a lot of education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Mesa Drug DUI. A qualified Mesa DUI or criminal defense attorney will fight through the protocol of the Mesa Municipal Court system, examine and challenge toxicology evidence, build a strong defense strategy, file motions, conduct hearings, and all the while provide you guidance and keep you informed. A good Mesa criminal defense or DUI attorney who defends cases in Mesa frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books “101 DUI Defenses”© Book from the “Arizona Winning Defense Strategies” © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or even a total dismissal of your charges increase substantially.

If you have been charged with any Mesa, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, 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 Mesa DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Mesa, Tempe, Phoenix, Mesa, Chandler, Mesa, and surrounding cities within Maricopa County.

Mesa DUI Laws Arizona Extreme DUI Laws “Article 3 Driving Under the Influence 28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. {Extreme DUI} 2. 0.20 or more. {Super Extreme DUI} (Cited in Part from Arizona State Legislature Website)

Mesa DUI Defense Options (first offense Extreme DUI): First know that that fact that you were charged with a crime does not make you guilty and it is not a conviction. It’s just the beginning. It simply means that at the time of the arrest, the police felt they had “probable cause” do charge you with a Mesa DUI or Mesa Extreme DUI. An experienced Mesa DUI Attorney may be able to challenge that evidence and disprove that cause. If you have received a Mesa AZ extreme DUI here are your options:

A. Plead “guilty”. You could find yourself facing the max for first offense which includes minimum 30 days jail and up to 6 months; impound of the vehicle you were driving when arrested; use of Ignition interlock device on your automobile, suspension of driver’s license up to 90 days, court ordered alcohol or drug treatment program, probation, fines, fees, and or restitution if applicable. A second DUI or third DUI or more carry devastating including extended jail and prison sentences for convictions.

B. Ignore it. If you fail to appear for your court date on the required time and day scheduled, a warrant for your arrest will be issued by the court.

C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous to the outcome of your case. The results can land you with the maximum penalties. The prosecution knows the court’s protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.

D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Mesa Court. A good AZ criminal defense or DUI lawyer who defends cases frequently in Mesa will fight hard to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Mesa DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, “probable cause” police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome for you, which has a great amount of weight on your case. You will not get such benefits or evidence challenged without a good private practice Mesa, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Mesa may be able to suppress evidence, get your case dismissed, a “not guilty”, or a reduction of your AZ DUI charges.

If you have been charged with any Mesa 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 Mesa, 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 Scottsdale, Mesa, Chandler, Gilbert, Tempe, Phoenix, 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.

If you were face Mesa DUI charges you should contact a Mesa DUI Attorney or AZ DUI Lawyer who defends Mesa DUI charges in the Mesa Courts frequently. The Criminal Defense or DUI Attorney defending charges in Mesa, AZ will ask you some important questions. If you have consulted an experienced Arizona or Mesa Arizona DUI lawyer one of their first questions will be “Why did the Mesa police claim they pulled you over?” Although that may sound like an insignificant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Mesa DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a “reasonable suspicion” that a crime or traffic offense has been committed or is in progress of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).

“If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges.”

If the officer did not have a valid “reasonable suspicion” as described above, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one’s own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Mesa. These types of driving actions are commonly seen in unimpaired drivers.

If the Mesa DUI stop by the police was illegal then your Mesa DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police work closely with the Mesa prosecutors to justify that their actions of stopping the vehicle and that “reasonable suspicion” existed for the stop. If the Prosecution and your Mesa DUI Lawyer are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome. If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free “Arizona Winning DUI Defense Strategies” © books written by winning defense Attorney James Novak, which includes “101 AZ DUI Defenses” ©.

If you have been charged with any Mesa AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, 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 James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Tempe, Chandler, Mesa, Scottsdale, and surrounding areas valley-wide within Maricopa County Arizona.

more 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.