It doesn’t matter that their DUI did not involve alcohol. It doesn’t’ matter that they never used alcohol a day in their lives.

Requiring a person convicted of a drug DUI to install and submit to an IID screening before they can start their vehicle, never made a lot of sense.

This was particularly true if the driver didn’t drink alcohol, considering that current IID technology does not allow for detection of drugs in a person’s body.

Current IID technology is limited to detection of spirituous liquor on a person’s breath during exhalation.

It may have served a punitive purpose; but it did nothing to prevent a driver from driving impaired due to drugs.

This however, is about to change.

Arizona’s SB 1228 has passed. It will allow for judges to have some discretion as to whether or not to impose installation and use of an IID for Drug DUI convictions.

This article provides a comprehensive look at Arizona’s Ignition Interlock Device Program and other related topics included:

• Overview of Arizona SB 1228
• Ignition Interlock Devices used in DUI Sentencing
• Arizona Removes Ignition Interlock Device Requirement for Drug DUI
• How the new law will Impact Arizona Drivers
• Driver Obligations for Use and Reporting of Ignition Interlock Device
• 10 Frequently Asked Questions about Arizona DUI IID Program
• DUI Classifications, Penalties & Criminal Defense Mesa AZ

Trends in Ignition Interlock Device Program for DUI Sentencing

An ignition interlock device (IID) is a device that is attached to a car, which uses a breathalyzer to analyze a driver’s blood alcohol content before allowing the driver to start the car.

If the device detects an amount of alcohol above a certain limit, the car will not be able to be started.

About 23 states have laws requiring the installation and use of a certified IID for a driver convicted of DUI, including Arizona.

In those states, there has been a 15% reduction in drunken driving deaths compared to the states that don’t require an IID after conviction.

Generally, a convicted driver is required to pay for and install the device, and this adds to the costs of a DUI conviction.

As of 2006, Arizona started requiring all IID systems to be based on a particular alcohol-specific electrochemical fuel sensor technology.

Those who are required to install Ignition Interlock Devices have had to submit to periodic inspections every 90 days to show they are complying with the order and have installed a functional, certified IID in every motor vehicle they operate.

The department can suspend the driver’s driving privileges if the inspection and compliance requirements are not met.

Arizona SB 1228

Elimination of Mandatory Use of Ignition Interlock Device in Drug DUI Sentencing

Arizona’s SB 1228 bill amends Sections of the Drug DUI law A.R.S. 28-1381 and other code sections related to driving under the influence.

The existing code section makes it unlawful for someone to drive or control a car while (1) under the influence of alcohol or any drug or vapor, if he or she is impaired even a little bit, (2) with a blood alcohol level of .08 or more within two hours of driving, if it results from consuming alcohol either before or while controlling a car, (3) there are certain drugs or their metabolites in the driver’s body, or (4) driving a commercial vehicle with an alcohol concentration of .04 or greater.

Arizona DUI laws still require a person convicted of impaired driving with alcohol, be required to install an IID in any car the defendant operates under A.R.S. 28-3319.

What the new bill does is remove the IID requirement for DUI offenders who are charged with driving under the influence of drugs.

It does allow a judge the discretion to order someone convicted of a drunk driving violation that doesn’t involve intoxicating liquor (someone convicted for driving under the influence of drugs) to install a certified IID in his or her car.

If the court requires installation as part of the sentence, the department will still require the defendant to install the person’s car with an IID under Section 28-3319.

In other words the court now has discretion to impose the penalty or not, where before they did not.

This allows the decision as to whether or not to require installation of an IID to be based on the unique factors and circumstances surrounding the Drug DUI incident.

The court can also order someone to install an IID on any vehicle the person operates for more than 12 months starting on the latest of these dates: (1) the date the person’s driving privilege is reinstated after a revocation or suspension, or (2) the date the department receives a conviction report. Someone who operates a vehicle that has an IID installed under the impaired driving statute has to comply with certain rules specified in Article 5.

Initially, the bill failed, but it passed after a motion to reconsider. The new law will become effective after December 31, 2016.

How Arizona’s New Drug DUI IID Law will Impact Arizona Drivers

DUI penalties may be mandatory or discretionary by the presiding judge.

The impact of the Arizona SB 1228 is that sentencing for Drug DUI charges makes IIDs discretionary by the judge in sentencing, and no longer mandatory.

After December 31, 2016, it will no longer be mandatory for a person convicted of a Drug DUI to use an ignition interlock device on the vehicle they drive.

Though it will no longer be required, the court has been given the authority to decide of the IID penalty should be ordered in drug DUI sentencing.

Driver Obligations for Use and Reporting of a DUI Ignition Interlock Device

Under A.R.S. 28-1461 a person convicted of a DUI will be required to install and use a certified IID.

The driver bears has certain responsibilities under the program in which they must comply.

Some of the driver’s obligations include:

• Install a certified ignition interlock device in any vehicle they drive;
• Submit to alcohol screening with use of the device in their vehicle each time before starting the vehicle, as well as at random intervals during operation of the vehicle;
• Incur expenses for installing and maintaining the certified IID;
• Provide proof of installation and proper functioning of the IID in the vehicle they drive;
• Show proof that they are complying; and that the device has been inspected and is operating properly at least every 3 months during the time they’ve been ordered to use the device.

The ignition interlock device service provider works closely with person and the MVD to help the driver comply with these obligations.

10 Frequently Asked Questions about Arizona’s DUI Ignition Interlock Device Laws

Q. How does the ignition interlock device prevent someone from driving impaired due to alcohol?

A. The ignition interlock device sits on top of the vehicle dashboard and is wired to the vehicle’s engine. The driver must exhale into the device before starting the vehicle. If it detects liquor on the driver’s breath, the engine will not start.

Q. How is the IID and use of it monitored?

A. The IID provider monitors usage. They are required to send maintenance and activity reports to throughout the term imposed, to the Arizona Motor Vehicle Division.

Q. When a driver gets stopped by police will the officer know whether or not that driver is required they know if a driver is required to have a certified IID installed in their vehicle?

A. Yes. Once the person’s driver’s license is reinstated, a new license is issued by the Arizona Motor Vehicle Department. It will include a label with the words “Ignition Interlock” on it.

Q. What happens if the driver tampers with the device, or violates the usage rules?

A. If it is discovered that the driver failed to comply, attempts to drive other vehicles without Certified IID, or if there is evidence of device tampering, they will be in violation of Arizona Law A.R.S. § 28-1464. Consequences of these violations may result an extension of the time period for which the IID must be used, for up to 12 more months. Specified violations under this law will also result in Class 1 misdemeanor criminal charges. In addition, any person who knowingly rents, leases, or lends a driver their vehicle knowing that driver is required to use a certified device, will also be exposed to Class 1 misdemeanor Charges.

Q. Who pays for installation of the IID?

A. The person convicted of the DUI is responsible for expenses associated with installation and monitor charges of the IID.

Q. What is the average cost of installation and use of an IID in Arizona?

A. The costs of IID vary among providers. In general there is usually an installation fee that ranges from $100.00 to $200.00. Monthly rental fees range from $75.00 to $100.00 per month.

Q. How long will a person be required to use the IID?

A. The judge will order the time length for the IID to be imposed at the time of sentencing. Ranges include 6months, 12 months, 18 months, or 24 months depending on the circumstances surrounding the conviction.

Q. Is it possible to get a restricted driver’s license with the required IID for use during the suspension or revocation period?

A. Yes. If a person meets all of the qualifications, they may be eligible to drive on a limited basis, with a restricted license. They will need to provide proof that the vehicle they will be driving is equipped with a certified ignition interlock device.

Q. Does a person convicted of a drunk driving charge need to have their vehicle equipped with an Ignition Interlock Device before their driver’s license can be reinstated?

A. Yes. After a person has satisfied the court ordered driver’s license suspension or revocation period, and all requirements ordered by the court, they will be able to apply for reinstatement of their driver’s license. Under A.R.S. § 28 – 1461 A (2) in order for a person’s driver’s license to be reinstated, or a special restricted driver’s license issued, they must provide the Arizona MVD with proof that they have installed a certified IID in the vehicle (s) they operate before their driver’s license will be reinstated.

Q. Does the IID only need to be installed in the primary vehicle driven by the person required to use the IID?

A. No. It is necessary for any and all vehicles the person will drive to be equipped with certified ignition interlock devices, not just their primary vehicle. This includes vehicles the person rents, borrows or leases.

Arizona DUI Classifications and Penalties

All DUI charges in Arizona are criminal offenses. Penalties are severe, and expose a person to jail or prison terms.

Impaired Driving charges may be brought as Misdemeanors or Felonies.

Drunk Driving charges in violation of Arizona’s Extreme DUI laws, are still misdemeanors. But in general, the higher the Blood Alcohol Content (BAC), the longer the terms of incarceration.

Misdemeanor DUI charges carry jail terms that range from 10 days to 6 months.

Aggravated DUI charges (Felony) carry prison sentences that range from 10 days to 8 months or more depending on the circumstances.

A Misdemeanor DUI will be raised to a (Felony) DUI when aggravated factors exist.

Aggravated factors include DUI while driving on a suspended, revoked, or invalid driver’s license; DUI with a passenger below 15 years of age in the vehicle; third DUI within 7 years; or DUI that causes a serious injury or fatality.

Other penalties for misdemeanor impaired driving charges include installation and use of an ignition interlock device; driver’s license suspension, probation terms, alcohol or substance abuse screening or counseling, fines, and costs.

Felony DUI penalties include those that apply to misdemeanors but are more severe, and subject a person to a felony criminal record, loss of civil rights such as the right to possess or carry a firearm, and to vote.

When a person is charged with a DUI in Arizona their freedom and future is in jeopardy. They will need a strong impaired driving defense attorney to defend their charges and make sure their rights are protected.

It is important to choose a DUI defense attorney who understands how serious a DUI charge is and can develop a strategy to challenge weak evidence, and work to get the best possible outcome.

Criminal Defense Attorney for DUI in Mesa, AZ

“Prepared to Defend”

If you are charged with any type of DUI, consult James E. Novak, DUI defense attorney in Tempe, Arizona. James Novak is former Maricopa County Prosecutor and experienced litigator. If retained, he will protect your rights, make sure you are treated fairly and provide you with a strong defense for your charges.

James Novak of the Law Office of James Novak, PLLC offers a free consultation for those charged with a DUI or other criminal offenses in Maricopa County, including the cities of Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale, Arizona.

James Novak will speak with you directly to discuss your matter, and provide you with options for defense. Call or Contact us today at (480) 413-1499.

Additional Resources:

• A.R.S. § 28-1381
• A.R.S.§ 28-3319
• A.R.S. § 28-1464
• Requirements and Exceptions to Lawful Search Warrants in Arizona
• Arizona SB 1228
• Certified Ignition Interlock Installers in Arizona
• Arizona Department of Transportation | IID Overview and Video

Other Articles of Interest from The Law Office of James Novak’s Award Winning Blog:

• Arizona Supreme Court Rules on Voluntariness of Consent for DUI Test
• Your Right to Request a New Judge in Criminal Court
• Consent to Search includes K-9 Drug Investigation
• Your Right to an Attorney before DUI Testing
• 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

• Don’t drink and drive or you will be arrested;
• Don’t drive if you are under the influence of any medication with potential to impair driving;
• Assign a designated driver or plan for alternative transportation;
• Buckle up or citations will be issued; • Don’t speed or you will be cited;
• Be aware of increased traffic throughout the Labor Day Weekend;
• Expect closures and delays due to auto accidents or construction;
• Take along plenty of drinking water and supplies in the case of an unscheduled closure;
• Do not drive without valid driver’s; registration; auto insurance, and valid plates;
• Be prepared for changing weather conditions to and from your destination;
• Get a good night’s rest before you leave for your destination if you’ll be driving;
• Be prepared and use caution in reduced speed limit zones;
• Use caution in merging traffic lanes;
• Drive defensively; don’t assume all other drivers will obey traffic and safety laws, and stop at red lights;
• Expect the unexpected;

These are just the fundamental laws of driving. But lack of adherence to these laws and tips, can result in serious automobile accidents, injuries, and fatalities.

DUI Charges in Phoenix AZ

Drunk Driving, DUI – DWI or Drug DUI charges are serious criminal offenses under A.R.S. § 28 – 1381 in Arizona. If charged you will face both civil penalties that include suspension of driver’s license, in addition to any other traffic citations if they apply. Driving impaired to the slightest degree due to alcohol or drugs will result in criminal charges. Penalties for convictions include 10 days jail; ignition interlock device on your vehicle; mandatory drug or alcohol screening and counseling; probation; fines; fees; and suspension or loss of driving privileges. You should always consult an experienced criminal defense attorney if you face active charges to discuss you matter and defense options. If retained, they will defend your charges, protect your rights; make sure you are treated fairly; and work to protect your future and freedom. Often there are defenses that can be used that may lead to a dismissal of charges, or other favorable outcome in your case.

Additional Resources:

• Arizona Department of Transportation;
• Arizona Department of Public Safety;
• Governor’s Office of Highway Safety;
• Arizona Legislature

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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 Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ Free Consultation! Call (480) 413-1499

“Your chances of getting charges dismissed increase with an attorney who can present “a compelling argument”, over an attorney who has a stronger argument, but presents it less persuasively.”

– James Novak, AZ DUI & Criminal Defense Trial Lawyer and Author of “Arizona Winning DUI & Criminal Defense Strategies” Book Series

1. Experience; Criminal & DUI defense experience in Maricopa County;

2. Communication: The best trial lawyers listen, as well as they speak; they know that winning cases are often the result of “details”; and they don’t miss any; attorneys too preoccupied with their next argument risk missing details that could lead to a dismissal;

3. Compelling: the best defense lawyers are persuasive, articulate and compelling; They can present highly effective arguments;

4. Thousands of Hours of litigation: Be aware of attorneys who have not spent much time in the court room or trial. The truth is that there are attorneys who have not seen much of the “inside of a court room”: either because they are new, or because they simply don’t challenge the evidence or prosecution on the issues. In those cases, the attorney may simply agrees with whatever the prosecution throws at their clients for conviction and sentencing; You don’t need to pay someone to help you lose;

5. Former Prosecutors: They get a vast amount of trial experience in many types of criminal cases. In Maricopa County particularly, it is not unusually for prosecutors to be in hearings or trial 4 to 5 days a week, every week;

6. Scholars in Arizona DUI & Criminal Defense Law: They know the Arizona criminal law; they are familiar with existing and new laws, changing legislation, and court cases which have outcomes that may impact DUI & Criminal cases in Maricopa County. They recognize that what “laws” make good “defenses”. They know how to use laws in favor of the defendants when appropriate and justified;

7. They Don’t Use “Cookie Cutter” defenses: They understand that “one size does not fit all”. DUI and criminal defense cases are all unique in that each one holds its own set of circumstances; Defense strategies must carefully be tailored or customized to fit the facts surrounding the charges. A particular defense in one case, may lead to a dismissal; but when used in another may result in an unwarranted conviction;

8. They Don’t File Frivolous Motions: An attorney who has a reputation for filing frivolous or unjustified motions loses credibility with judges and the prosecution in courts where they regularly appear;

9. Never Underestimates the Power of Filing EARLY Justified Motions: These often involve motions related to procedural or constitutional rights violations such as 1). Charges being brought in the wrong jurisdiction; or 2). Time limit to prosecutor has expired for that crime under Arizona Constitution.

10. Home Court Advantage: They defend charges exclusively within Maricopa County. They have built a report and are well respected by law enforcement, prosecutors, judges, court procedures and protocol throughout courts for which they defend clients; Familiarity with opposition provides great advantages;

11. Simplify Complex Issues: Not only are the best attorneys able to interpret the law, but they have the ability to simplify them in the best light for their client’s defense;

12. Passion and Dedication: They are dedicated to their client’s defense and obtaining the most favorable outcome on their behalf; they have a passion for defense; they recognize that the accused has a fundamental right by law to defend their charges in due process as afforded under the United States Constitution and Arizona Law; they make sure defendants are treated fairly, and their constitutional rights are protected, under Federal and Arizona laws;

13. Work Ethic: They make the time needed to tailor, build, and present a compelling defense case which includes gathering, retesting, examining, and challenging evidence for suppression (not to be used), and obtaining exculpatory (evidence in the client’s favor); In other words, they conduct their own defense investigations, concurrently as the prosecution is building their case;

14. Exhaust all means to obtaining the best outcome for their clients: Including case dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration. 15. Getting the Case Dismissed is #1 priority: If a client does not wish to challenge their charges; have someone fight for them; or attempt to get their charges dismissed; then they do not need to hire one of the “Best Criminal Defense Attorneys in Maricopa County”. In fact, they would not need to hire any criminal defense attorney, in that the case.

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DUI Lawyers in Phoenix – What to Look for to Find the Best Criminal Defense Attorney Good criminal defense attorneys must possess many important traits. Here will we look at just a few of those traits that make good DUI attorneys the best, as they relate to the matter of Arizona criminal laws and defenses:

• The ability to correctly interpret the law and defenses;

• Can identify those which will serve their clients defense the most effectively, under the proper circumstances;

• Has the ability to translate the issues of law into simple terms for the client; • Is passionate about their clients being treated fairly and with respect under the law;

• Will make the time needed to tailor, build, and present a compelling defense case; every DUI or criminal charge is unique and carries its own individual set of circumstances and evidence (or lack thereof).

• A good DUI or criminal defense lawyer will exhaust all means possible to get the best outcome in their client’s case such as partial or complete dismissal of charges; negotiating lesser charges; or obtaining leniency in sentencing and penalties by the court if convicted.

What You Can do to Find the Best DUI lawyer in Phoenix AZ As you may already have learned there are so many criminal and DUI lawyers in Phoenix Metro and surrounding cities in Maricopa County that it is tough to choose from them all. And how do you know if there as good as they or their websites say they are? Here are some things to consider doing once you have narrowed your search geographically, and verified credentials and license to practice in your jurisdiction:

1) Read reviews from prior clients on the web, search engines, review sites and such;

2) Select two or three of your top picks, or more if you feel it necessary;

3) Contact at least two or three and meet with them by phone or in person;

4) Ask questions; Most DUI & Criminal defense attorneys in Phoenix AZ provide free consultations;

5) Don’t be afraid to ask them about their education, defense and trial experience, credentials, and anything else that will make you feel you have found the most qualified person for the job.

Wouldn’t you do these things if you were looking for a good doctor, dentist, or building contractor? Choosing the right criminal defense lawyer for your DUI or criminal charges is one of the most important decisions you make in your life. It can mean the difference between losing your freedom and getting a dismissal in your case. Take as much time as you need to feel comfortable with your choice, while keeping in mind that early retention of a criminal defense lawyer is key to a successful outcome.

If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and 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 AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

Why You Should Exercise Your Right to ‘Remain Silent” following an Arrest for Phoenix DUI or Criminal Charges

1) You do not want to “convict” yourself by verbally accepting guilt of a crime. Do not assume that because you were arrested for a crime, you will be found guilty. An arrest is not a conviction. Any DUI, DWI, Drunk Driving or criminal charges can be challenged by a qualified private practice criminal defense lawyer. There may be defenses, that you are not aware of, that if used, can lead to a dismissal of your charges. But the police or prosecution will not provide you with this information even if they are aware of it. The prosecutor’s job is to convict you not to defend you or give you any reason to challenge your criminal charges. There are far more arrests in Phoenix than convictions. Often criminal charges get dismissed with good legal representation by a proven criminal lawyer who defends criminal charges in Phoenix AZ on a regular basis.

2) Following a Phoenix arrest for DUI DWI, or other criminal charges, you can count on the police to continue to “take notes” what you say and do. Your words and actions will be documents. They can and will be used against you by the Arizona Prosecution. In most cases, defendants do not realize that what they are saying or doing will incriminate them further and harm their defense. If you find yourself being questioned or interrogated, you must let police know verbally that you wish to exercise your right to remain silent, and to have an attorney present during any questioning related to the charges. Note: If remain silent without verbally acknowledging that you wish to exercise your right to remain silent, then you will appear uncooperative to the court which will further harm your defense case.

3) If you allow yourself to be questioned or interrogated by police regarding your guilt or innocence of the Phoenix DUI DWI or Criminal Charges following your arrest, after being read your Miranda Rights, you voluntarily waive your rights. (“right to an attorney” and “right to remain silent”). Admitting to a crime is one of the fastest ways to get a conviction. The penalties for Phoenix drunk driving, DUI DWI, or many other criminal charges in Arizona are severe. When you are later sentenced and learn the severity of the punishment, you can’t turn back. You can not reclaim your right to remain silent later, if you were properly read your Miranda Warning.

4) Until your Phoenix criminal or DUI case has run its course through the criminal justice system, the prosecution will egregiously look for inconsistencies or statements in “your story”. You may be surprised to find out that the inconsistent statement does not have to be material to the criminal charge itself. Regardless of the subject matter of the statement, or what forum the statement was made, if it is different, it will harm your defense credibility. Without a doubt, he prosecution can make strengthen their case by accusing you of “changing your story”, and make an issue of your credibility or trustworthiness in the eyes of the court, judge or jury.

5) Admitting to guilt of a crime will generally only makes things worse for you. You will just be convicted swiftly and sentenced by the judge to penalties under Arizona law for that crime. Some defendants think that if they admit to committing a crime or drunk driving in Arizona, that their punishments or sentencing will somehow be reduced. That is not the case. In Arizona, mandatory sentencing guidelines exist for DUI DWI and most criminal charges. You will face the same penalties in most cases for the DUI or crime than a defendant to plead “not guilty” and was later convicted of the criminal charge.

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.

Misdemeanor DUI charges may be lenient in some states, but Arizona is not one of them. Phoenix DUI charges are very serious and you will be subject to mandatory punishments in place under Arizona State Law. Even a first time Phoenix Misdemeanor DUI can subject you to mandatory jail; hefty fines; fees, and court costs; loss or suspension of your driver license; ignition interlock device on your vehicle and more.

Arizona Misdemeanor DUI Laws: Generally an Arizona DUI with no “aggravating factors” is a Class 1 Misdemeanor as cited in part under A.R.S. 28-1381. The majority of DUI DWI charges in Arizona are classified as Misdemeanors. A Phoenix “Misdemeanor DUI DWI charge” will be raised to a “Felony DUI” only when certain “aggravating” factors exist. To read more about the specific factors that will elevate a Misdemeanor DUI DWI to a Felony DUI DWI visit www.arizonacriminaldefenselawyer.com/lawyer-attorney-1629205.html.

A Misdemeanor DUI in Arizona can be charged if a person is operating a motor vehicle 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 substance and:

1. The driver of the vehicle in Arizona is impaired to the slightest degree (A.R.S. §28-1381(A) (1) or “impaired to the slightest degree”; and/or…

2. The driver of a vehicle in Arizona 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 and the alcohol concentration results from alcohol were consumed before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2)) or “DUI”.

If the police have evidence that a driver is “impaired to the slightest degree” and had Blood Alcohol Content (BAC) lever of 0.08% or greater within two hours of driving or being in “actual physical control” of a vehicle, they will usually charge the driver with not only one, but two DUI charges in that one stop.

ARIZONA MISDEMEANOR DUI: It is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona under the following circumstances:

• PER SE DUI – Adult “Impaired to the Slightest Degree” by Alcohol

• DUI Minor – Minor with or without impairment, “Zero Tolerance” for person under 21 years of age. BAC level of 0.08 is not required.

• CDL DUI – Blood Alcohol BAC 0.04% or greater for adult Commercial Driver

• DUI – Blood Alcohol Content BAC 0.08% or greater for adult Driver within two hours of driving

• Extreme DUI – Blood Alcohol Content BAC 0.15% or greater adult within 2 hours of driving

• Super Extreme DUI – BAC 0.20% or greater adult – within 2 hours of driving

• Drug DUI – Impaired by any Drug whether lawfully prescribed drugs, over-the-counter drugs, legal or illegal drugs, dangerous or drugs not classified as dangerous.

Note: The Arizona DUI charges listed above are all considered to be separate and distinct charges. So a driver stopped under suspicion of DUI can actually be charged with one or more of these charges in one stop. The number of violations you may be charged with during one DUI stop is determined by the police DUI investigation, and DUI test results such as DUI breath test, DUI blood tests, or other chemical testing.

Misdemeanor DUI Defense – Arizona DUI – DWI Lawyers

Arizona misdemeanor DUI charges are heard in Arizona justice, city or municipal courts. Be sure that you are being defended by a private practice Phoenix or Arizona DUI lawyer with trial and defense experience; and one who is very familiar with the protocol, procedures and laws, judges and prosecutors in he court in the county, city or jurisdiction in Arizona for which you are required to appear for your court date. This will provide you with a definite advantage in your defense and increase your chances of a successful outcome. A good Arizona DUI attorney will tailor and build a defense case based on the facts of your DUI charges. They will know how to build a winning defense strategy in an effort to get your charges dismissed, reduced or the otherwise best outcome in your case.

If you have an outstanding warrant for arrest in Arizona or have 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.

DUI charges in Phoenix, AZ are serious and described as some of the harshest in the country. You should consult an experienced AZ DUI Lawyer or Arizona criminal defense attorney who defends cases frequently in Phoenix Court as soon as possible It makes no difference if your charges were for Tempe DUI, Phoenix DUI, Gilbert DUI, Mesa DUI, Scottsdale DUI, Chandler DUI, or Maricopa County, or any city in Arizona, the DUI laws, classifications, and penalties fall under the rule and jurisdiction of the laws of the State of Arizona.

In Arizona it is unlawful operate a motor vehicle of any kind while driving under the influence of intoxicating or impairing drug, vapor releasing substances containing a toxic chemical or any combination of alcohol, drugs and or vapor releasing substances if the person is “impaired to the slightest degree” (A.R.S. §28-1381(A)(1). This includes driving a vehicle if the person has an alcohol concentration level 0.08 or greater, more 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. (A.R.S. §28-1381(A) (2))

It is unlawful in Phoenix Arizona for a anyone to drive or be in actual physical control of a motor vehicle if the that person alcohol concentration of the following: 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: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or “Extreme DUI” and 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: 0.20 or more. (A.R.S. §28-1382(A) (2)) or “Super Extreme DUI”. The higher the Blood Alcohol Content (BAC), the harsher the sentencing and penalties.

The consequences and penalties for Phoenix DUI are serious. Penalties range from minimal of 30 days in jail to extended prison sentencing, along with other penalties, fines, and fees. The Phoenix Court must abide by the minimum and maximum sentencing of the State. However, the Phoenix Judge may have some minor discretion over giving out further penalties if they believe they are necessary, reasonable and appropriate.

You should consult an experienced private practice AZ DUI Attorney or AZ criminal defense attorney who defends DUI charges Phoenix Courts frequently. They will be your voice and barrier between you and the prosecution, to make sure your rights are protected; you do not incriminate yourself further; and will utilize all defenses available based on your DUI circumstances to get your case dismissed, charges reduced, evidence If you have been arrested for any Phoenix, AZ DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix and Maricopa County valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Arizona Felony DUI Laws: There are three aggravating factors that will escalate a Phoenix Misdemeanor DUI charge to a Felony DUI charge in Phoenix AZ. A.R.S. §28-1383(A) (1): (Paraphrased for Legal Ease) You were arrested for AZ DUI while your license was suspended, restricted or revoked (Class 3 Felony).

A.R.S. §28-1383(A) (2): (Paraphrased for Legal Ease) This is your third DUI charge and you have at least two prior DUI convictions within the last 7 years. (Class 3 felony).

A.R.S. §28-1383(A) (3): (Paraphrased for Legal Ease) You were arrested for DUI and there was a child under 15 years of age was a passenger in the vehicle. You were driving. (Class 6 Felony).

DUI Penalties – Felony DUI in Arizona

A Phoenix Felony DUI conviction exposes you to mandatory sentencing guidelines. Each case has its own unique circumstances that may affect the DUI penalties ordered by the judge in the event of a DUI conviction. The mandatory DUI penalties under Arizona Law, may include, but are not limited to the following:

• Long Term Felony criminal record;

• Jail time that ranges from one day to one year;

• Prison time from 4 months to 2 ½ years of incarceration;

• Revoking of your drivers license for 3 years;

• Lengthy supervised probation;

• Use of Ignition Interlock Device at your expense;

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

• $1500 prison assessment;

• $250 abatement fee;

• Probation fees;

• Costs for Drug or Alcohol Treatment Screening;

• Costs for Drug or Alcohol Counseling or Treatment Program;

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

DUI Penalties for a Phoenix DUI conviction may be “aggravated” or “mitigated”. Aggravated punishments are factors surrounding your Phoenix DUI that support the prosecution’s case against you and warrant more serious and additional DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious punishments.

Defense Lawyers for Felony DUI in Phoenix

The judge or prosecution will not generally offer mitigated sentencing without compelling arguments presented or motions filed by your Phoenix DUI Defense Lawyer on your behalf. A good Phoenix DUI defense attorney will examine the evidence and facts of your case to find mitigating factors that will lead to a reduction of your penalties in the event of a felony DUI partial or complete conviction.

The felony DUI penalties are so severe, and disruptive on a person’s life, that they sometimes become overwhelmed and feel that the situation is too hopeless to hire a defense attorney. However, a qualified Phoenix DUI lawyer or AZ criminal defense lawyer can defend any Phoenix Felony DUI charges regardless of the severity or classification of the charges or the amount of your Blood Alcohol Content or BAC levels. In many cases they can get evidence dismissed; charges reduced to a Misdemeanor DUI or other reduced charge; or get the felony DUI charges completely dismissed. Early retention of an experienced private Phoenix DUI attorney drastically increases your chance of getting a good outcome in your Felony DUI case. To the contrary going without representation of a good private DUI or criminal defense lawyer, is the quickest path to a Felony DUI conviction in Phoenix with harsh and mitigated penalties.

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.

DUI charges in Phoenix based on Blood Test Results

If you were charged with an AZ DUI in Phoenix based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Phoenix AZ as soon as possible. The best DUI lawyers in Arizona may be able to find good reasons to challenge the same blood test results to defend your DUI charges. This is done when your DUI defense attorney finds violations and errors in conducting the blood test; processing the results; failure of police to follow prescribed rules of testing, analysis, preservation, or transport. Often your criminal defense attorney can educate the prosecution on the facts, and challenge the blood evidence. This often leads to suppression of that evidence and total dismissal of your DUI charges.

Blood Testing for a DUI Stop

A driver who is stopped in Phoenix AZ for suspicion of drunk driving does not get a choice as to what test the police will conduct. The officer has discretion of using any of three options: Blood, Breath, or Urine testing. Below are some reasons why the police officer may use a blood test as the preferred method of choice:

1) The driver refused to take a breath test. In this event the officer can obtain a court order from an on-duty judge to draw the driver’s blood samples.

2) Some circumstances, if they exist, may cause the driver an unfavorable candidate for a breathalyzer test. For example, if the driver had been vomiting, or belching, it could adversely affect the accuracy of breathalyzer test results.

3) The breathalyzer test was conducted first, and the results were negative for alcohol. However, the police had reason to suspect you were driving impaired. Therefore, they decide to conduct a blood test to determine if there are drugs, chemicals or other toxins that caused the impaired driving.

4) An auto accident was involved; and the suspected drunk driver was either unconscious or otherwise incapable of participating in a breathalyzer test due to severity of their injuries.

AZ DUI Laws – DUI Blood Tests

It is common in Phoenix AZ for the police officer to personally draw the blood sample. However, they must be properly trained phlebotomy to conduct the DUI blood test. Many police departments send officers to get certified.

When the blood is drawn the police should draw a second sample for you to give to your DUI defense Attorney. They then send the sample to their crime lab for processing using a gas chromatograph. The turnaround time is on average 2 to 8 weeks for the crime lab to return the results. The criminal defense attorney has the opportunity to have the blood retested at an independent lab. The defense attorney then examines the processes that took place and compares results against the prosecutions.

The Arizona courts have upheld the legality of a police officer drawing the blood sample as long as they have been properly trained and certified as phlebotomists for this purpose. Strict guidelines apply to conducting, storage, and transport of the blood sample, the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme heat or cold temperatures of their blood kits; chemicals used to clean the driver’s arm before the blood is taken. All of these factors are critical to making sure the blood results are accurate.

DUI Lawyers for Phoenix DUI – Using Blood Results for AZ DUI Defense

During your initial consultation with a Phoenix DUI Attorney, ask if they intend to retest the blood. If so, ask who will be responsible for paying the fee to retest the blood sample. Blood testing in Arizona from an independent lab costs on average $250.00. Many AZ DUI lawyers will take care of that fee as a courtesy to the client. Many blood retests can lead to dismissal of your DUI charges. So even if the Phoenix DUI defense attorney you select does not pay the fee for you, it is well worth the cost to pay for the blood retest. It is very unwise to forfeit the opportunity to have your attorney get the blood retested; examine the process that took place, and compare results. Too many DUI charges have been dismissed due to the challenging of blood results, for it to be ignored. Top criminal defense attorneys in Arizona often find flaws and errors in blood testing and processing; present compelling arguments and challenge the blood test result violations that can lead to a total case dismissal.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

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

If you face Phoenix DUI charges or any Criminal in Arizona, you will need to consult the best Phoenix AZ Criminal defense lawyer or DUI defense Attorney you can find. This is because the State of Arizona has some of the harshest laws and penalties for DUI and criminal conviction in the USA. After being charged with a DUI or crime, most people do not know where to start to find a good criminal defense or DUI lawyer. There are so many. Here are some basic sources to start with:

1) Search the internet you can do searches on the internet and easily get information from attorneys’ websites. Read reviews, compare services, and listings.

2) Get a referral from a trusted family member, friend or neighbor

3) Check on line directory listings for Attorneys

4) Contact the Maricopa County Bar Association

5) Look for Attorneys who are licensed to practice in the State of Arizona and who defends Phoenix DUI charges in the jurisdiction or municipality you where you were charged. Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged.

After selecting a few Criminal or DUI defense Attorneys who practice in Phoenix contact them for a free consultation either by phone or in person. You can discuss your charges and defense options. But just as important, is that you find out about them. Here is a short list of some things you want to know about them:

• How familiar are they with the changing Arizona Laws and penalties?

• How often to they defend cases often in Phoenix AZ Court and Arizona criminal justice system?

• How familiar are they with the Judge, prosecution, and court procedures?

• Are they licensed to practice criminal defense in Arizona?

• How long have they defended criminal and DUI charges in Arizona?

• Are they well versed and successful have they been at utilizing DUI and criminal defense strategies • How long they have they been in practice

• Are they experienced in trail and litigation in Phoenix?

• Is their Law practice devoted 100% to DUI and criminal defense?

• What are their pre-trial and trial fees?

• How do they expect payment and are they willing to work with you on a payment plan if needed?

• Have they ever been Maricopa County Prosecutors?

• Will they take the time needed to examine the evidence to build and mount a strong DUI or Criminal Defense case challenging the Phoenix prosecution?

• Who will actually be handling the day to day activities, court appearances, investigation and all the services needed for your defense?

• If different than to whom you are speaking, will you get a chance to meet them and ask them these important questions as well? • Who can you go to for questions throughout your defense process?

Do not be afraid to ask any of these questions. In this case you will be the employer, and the Phoenix DUI lawyer or criminal defense attorney will be working for you. It is a big decision, not to be taken lightly. If you choose wisely, it may mean the difference between a criminal conviction and a dismissal of your charges.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

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

AZ DUI Laws – 7 Areas to Challenge in AZ DUI Blood Test Evidence

The Phoenix police generally take the blood test and have it processed by their crime lab. In some cases a good DUI defense Attorney can detect violations, errors and defense issues surrounding the blood test evidence, hat can lead to the dismissal of your Phoenix DUI charges. Common errors include, but are not limited to violations concerning the following:

1. The police or personnel taking the test was not properly trained and certified in phlebotomy for DUI and Drug blood drawing; Many Police Department send their officers or other staff for training and certification. The results of a properly trained and certified police officer or other personnel have been upheld for admittance of evidence in court.

2. Temperature, storage, and expiration date guidelines for blood kits were not followed; (Example: Kits were outdated and exposed to extreme Arizona heat of summer in the trunk of a police car);

3. Errors in preservation, storage, and labeling of the blood vial containers; these errors can lead to tainting of the blood and raise questions as to whether or not it is the defendant’s blood sample or was taken from a different defendant. (Yes, it happens);

4. Errors in Arizona criminal law blood taking guidelines;

5. Chemicals used to clean the arm before the blood draw were not proper leading to the tainting of the blood sample;

6. Violations in storage, transport, or processing of the blood by the police and crime lab.

7. The Phoenix Police failed to give you a sample of the blood for your defense, even after you asked for a sample. This is a violation of your rights.

If one or more of these violations or errors exist, your AZ DUI lawyer will recognize it, educate the prosecution and court; present compelling arguments; and file motions in your defense and weaknesses in the State’s case against you. Top AZ DUI lawyers recognize what circumstances present the need to challenge blood results. In many cases this leads to suppression of the evidence on your behalf or a total dismissal of your AZ drunk driving charges.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

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

Phoenix AZ a DUI or other criminal charge it is important that you consult a private criminal defense attorney who defends criminal charges in Phoenix Court. You will easily be able to find a good criminal or DUI defense Attorney who provides a Free Consultation. Most of them do.

You may wonder what can an Attorney do that you can not do yourself. A good Phoenix Criminal Attorney or Phoenix DUI lawyer is highly educated, trained and experienced in defending and litigating criminal and DUI charges. They are familiar with the criminal laws of the state of Arizona, as well as case law. Qualified DUI or Criminal Attorneys who defend cases on a regular basis know how to use the authority of law, defenses that can be used, and exercise your constitutional rights to defend you.

Phoenix AZ DUI & Criminal Attorney – How they build your Defense Case What you may not realize is that behind the scenes a good DUI or Criminal defense lawyer who defends cases in Phoenix criminal court is involved in many activities on your behalf. Once retained, your Phoenix DUI or criminal defense attorney will guide you through every phase of the Arizona criminal justice system, keep you informed and answer all of your questions. Here are some things a good Phoenix AZ DUI defense or Criminal defense attorney will be doing with you as a team, or behind the scenes:

1. Gathering and evaluating all evidence, or lack thereof;

2. Looking for exculpatory evidence (evidence in your favor);

3. Determining what defense strategies and tactics will best serve your defense to get the best outcome in your case;

4. If one is necessary, securing and reviewing independent opinions and reports from experts;

5. Reviewing all documents including but not limited to police reports, your citation, sobriety, breath test, or chemical test results, photographs, and #911 call transcripts;

6. Interviewing, deposing, or questioning arresting police officers; investigative officers.

7. Containing or interviewing other witnesses if available.

8. Creating and mounting a compelling defense case against the prosecution’s evidence and case. Note: This is not something that just happens at trial.

An experienced attorney will take every legal opportunity in the criminal justice system phases to utilize defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. A good criminal defense or DUI lawyer will waste no time and recognize the opportunities; 9. Participating in court proceedings, other hearings, status conferences, and pre-trial conferences, which focus on legal issues such as admissibility or suppression of evidence; modifying pre-trial release conditions, and plea negotiations; other legal matters regarding your charges and defense. 10. Preparation for trial; 11. Your Phoenix DUI or criminal defense attorney will be working with you and the prosecution to work out a mutually agreeable resolution. This is generally known as “plea agreement”. It would avoid the expense, adverse impacts and uncertainties of trial results. The resolution must be approved by the court as well. Plea negotiations can include but are not limited to more satisfactory resolutions such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

A word of caution about choosing a DUI or criminal defense attorney: Take some time to make sure that the DUI and criminal defense attorney you select to defend you in Phoenix AZ court, has the time to devote, knowledge, qualifications necessary, litigation experience, and is committed to doing everything possible to defend you. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

If you have been arrested for DUI or criminal charges in Maricopa County, South Central Phoenix, Central Phoenix or anywhere in the Greater Phoenix or East Valley AZ cities, 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 Maricopa County including the cities of Tempe, Scottsdale, Gilbert, Chandler, Mesa, and Phoenix Arizona, Phoenix Metro, and Phoenix East Valley 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.

Phoenix DUI Charges If you were charged or arrested Phoenix Arizona for DUI it is important that you consult a Phoenix criminal attorney or Phoenix DUI lawyer as soon as possible to discuss your charges and defense options. Arizona is known for having some of the toughest DUI laws and punishments in the county. However, a charge is not a conviction. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be review the evidence and facts of your case and determine what defense strategies may be used to fight your Phoenix DUI.

One Phoenix AZ DUI Defense Tactic – Breath Test Inaccurate

“THE 20 MINUTE DUI OBSERVATION PERIOD”

Was the arresting officer writing a report, completing paperwork, conversing with other officers, looking for or preparing equipment, or performing some other activity that diverted their attention from observing you during the required 20 minutes observation period?

In Arizona, the police must carefully and continuously observe an impaired or drunk driving suspect for a minimum 20 uninterrupted minutes prior to administering a breath alcohol test. The reason for this is for the officer to ensure the suspect does not burp, belch, hiccup, regurgitate, eat or drink anything during this period so as not to affect an accurate breath alcohol reading.

Phoenix AZ DUI Defenses

There are many DUI defense strategies that can be used to argue your AZ DUI case against the State and prosecution. A good Phoenix DUI lawyer will know when and how to exercise a DUI defense strategy on your behalf. The above defense is just one of many involves breath testing. Below is an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Phoenix, Chandler, Scottsdale, Mesa, Gilbert and Tempe Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

How the best Phoenix AZ DUI Attorneys may get your Phoenix DUI Charges dismissed by challenging Field Sobriety Tests

AZ Field Sobriety Tests

Field Sobriety Tests (FST) is a standardized battery of tests recognized by the United States National Highway Traffic Safety Administration (NHTSA) and adopted by the states. However, many good AZ DUI attorneys don’t consider them real or accurate tests at all, due to their nature and subjectivity. And because of this, many AZ DUI charges are dismissed, or evidence suppressed, because they can be so easily challenged by an experienced DUI Attorney who practices frequently in Phoenix AZ Courts.

Field Sobriety Tests: What Phoenix Police Don’t Tell You

One thing Phoenix Police usually won’t tell you is that these tests are not mandatory. You are by law, not required to take them. Some of the best Phoenix DUI attorneys disagree on whether or not you should participate in them. The reason for this is that if you refuse, the police may arrest you on the spot. The choice is yours. Some DUI Attorneys will advise you to take them and challenge them and have your DUI Attorney challenge them through the proper legal channels. The choice, however is yours.

FST for performance results are judged by the Phoenix police, and are the least reliable form of DUI evidence that can be used against you. Unfortunately, the Phoenix Police Phoenix police will also make it sound like you did poorly on the tests. But the fact is that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors. This is another reason why they are often challenged by good Phoenix DUI Layers. But the police will use them against you. The purpose is for them to be used a preliminary tool to determine if you show signs of impairment in order for them to decide if further breath, blood, or urine tests are needed. Below are just a sample of a few arguments for Field Sobriety Test defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU WERE AT A DISADVANTAGE ON YOUR FST DUE TO ADVERSE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVORNMENTAL OR LANDSCAPING.

• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS.

• FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES DUE TO WEIGHT STANDARDS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS.

• NON-STANDARDIZED FIELD TESTS ARE INVALID AND NOT RECOGNIZED BY NHTSA.

• FAILURE TO POINT OUT THE LOCATION AND ROADSIDE CONDITIONSWHERE THE EXERCISES WERE GIVEN.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS AND AS A RESULT THE POLICE OFFICER REPORTED THAT YOU REFUSED BECAUSE YOU WERE DRUNK DRIVING AND YOU WERE AFRAID YOU WOULD NOT PASS.

These are just a small sample of all the arguments that can be made against Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Arizona DUI attorney who defends cases regularly in Phoenix Arizona where you were charged with your Phoenix DUI. It takes experience, training, knowledge and a great amount of defense litigation experience by an AZ DUI Lawyer who defends cases often in Phoenix to challenge these issues properly, and take action to attempt to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

If you have been arrested for any Phoenix Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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

Phoenix Arizona has some of the toughest DUI laws in the Country, which carry some of the most severe penalties in the country. If you have been arrested in Phoenix AZ for a DUI, you will need a good and experienced Phoenix criminal defense attorney to fight for you. It is important that you find a DUI Attorney who defends DUI charges on a regular basis, and exclusively practices criminal defense. You also want to make sure they defend cases frequently in the court for which you must appear. Your challenge will be to find a good DUI Attorney, or one of the best Criminal Defense Attorneys to defend you. Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are just a few facts you want to know before making the decision to hire a DUI Attorney. These excerpts have been cited from Winning Defense Strategies Book Series #1 Phoenix DUI Defense, written by DUI Defense Attorney and prolific Author James Novak:

• Who will actually be my DUI Attorney? • Will I meet with my Attorney before my court date? • How much work will my Attorney be putting into my case before my court date? • Does my DUI attorney defend DUI and Criminal cases exclusively? • Will you be the lawyer who is actually handling my case? • Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me? • Will you be switching lawyers on me? • Can I meet my assigned lawyer before I agree to hire your firm? • Will I be able to speak to you if I have a question or concern? • What is it going to Cost? • Does the Attorney charge by the hour or is it a flat affordable fee? • Is the fee competitive as compared to what similar DUI Attorneys are hiring? • How much experience do you have in defending DUI and Criminal Cases? • What background do you have that qualifies you to handle my case? • Have you ever been a prosecutor? If so, where, and for how long? • What training do you have with the issues involved in my case? • How many cases like mine have you handled? • How often do you handle this specific type of case? • How often do you deal with this particular prosecutor? • How often do you appear in this court? • How often do you appear before this particular Judge? • What is your current caseload? • How long should I expect to wait to hear back from you if I have to leave a message for you?

Remember a DUI or other Criminal Charge you are innocent until and only if you are proven guilty. Everyone makes mistakes. It’s how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by hiring a strong, experienced Phoenix Criminal and DUI Defense Attorney to fight your charges. Everyone makes mistakes. It’s how we recover from those mistakes that matter most. If you do nothing, you can count on facing the maximum penalties allowed by Phoenix law which will have a devastating impact on your life, family, and future. But a good Phoenix DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.

more If you have been charged or arrested for any Phoenix DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix 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, 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.

“Here is a sample of 10 defenses your Phoenix DUI Attorney can use to challenge your DUI.”

Arizona DUI Defenses exist that the best DUI Attorneys who defend cases regularly in Phoenix can use to challenge your Phoenix DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. There are countless defenses that can be used depending on you’re the circumstances surrounding your Phoenix AZ DUI charges. Many of these are used by winning defense and trial Attorney James Novak, AZ DUI defense Attorney and author of three “Arizona Winning Defense Strategies Books ©” one of which is entitled “101 DUI AZ Winning Defense Strategies” © Book.

(Abridged versions of all his Arizona Criminal and DUI Defense Books can be downloaded free of charge to the public and can be downloaded at absolutely no charge with no obligations at www.arizonacriminaldefenselawyer.com). Here is a sample of 10 defenses your Phoenix DUI Attorney cited in his books that can be used to challenge your Phoenix DUI charges, and suppress the prosecution’s evidence to pursue the ultimate goal of case dismissal or in reduction in DUI charges of DUI sentencing:

1. You were not Driving or Actual Physical Control. The Arizona Prosecutor must prove that you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify. Most recently, Arizona case law made this factor even more strict when the defendant was found to “Have the Potential to be in actual physical control and was convicted on the basis of potential.” However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding it to disprove the allegation in your defense. 2. The Police Officer Had No Reasonable Suspicion to Stop. A police stop is unconstitutional if there was no reasonable suspicion that criminal activity is taking place. So if the officer lacked a valid reason for the traffic stop, any evidence of a Phoenix DUI resulting from such unlawful stop by the police must be suppressed, and can not be used against you.

3. The Officer Had No Probable Cause to Arrest You. “Probable cause to arrest” carries a much higher standard of evidence than “reasonable cause to stop”. The officer can’t just go and arrest you without probable cause and valid evidence. The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving, criminal activity has been or is being committed, or is driving under the influence of drugs or other toxic substance in addition to or absent alcohol at time of the Phoenix DUI arrest. Otherwise the arrest is unconstitutional and the case must be dismissed.

4. Field Sobriety Tests (FST’) were not Improperly Administered The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding the administration of the FST. They must be official, credible, reliable, conducted by approved and properly trained personnel, as required by NHTSA. If a violation of any of these requirements or protocols exist for any of the tests results used against you, this evidence can be challenged for suppression by your DUI attorney defending your DUI.

5. You Can Not Be Denied Your Right to Counsel When a DUI person requests a lawyer, the police must provide you with an opportunity to speak with a lawyer telephonically as soon as is reasonably possible. You have a right to defense counsel is an inherent constitutional right. Absent a viable excuse as to why you were denied this right, an argument can by made by your attorney for suppression of all evidence to the point your right was honored, or a total dismissal of your Phoenix DUI charges, depending on circumstances.

6. Your Miranda Rights Were Not Read to You The lack of the reading of your Miranda Rights or, timing of when those rights were read to your could lead to suppression of evidence. 7. Breath Test Device results were unreliable, inaccurate, due to user error or machine malfunction In order for breathalyzer test evidenced to be used against you, proper guidelines and protocol must be followed. Some factors considered are type of device used, preliminary or official breath test results used or compared, maintenance or recent repairs of device, existence of records that the device was in working order, reliability, and even the credentials of the officer administering the test.

8. Retrograde Put simply, this is a method to compensate for any alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. This is due to the fact, that in general most individuals requires between 30 minutes and hours to completely absorb alcohol into their system. This is a challenging defense to use and make an argument for admissibility of evidence. Make sure your Phoenix DUI attorney is experienced and well versed at using this defense.

9. Blood Alcohol Testing (BAC) & Urine Test Issues related to violation of protocol or the issues leading to unreliability of the test results Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used. Your Phoenix DUI Lawyer can also challenge the events surrounding the test administration, proper labeling, storage, transport of evidence and other protocol. .

10. Denial of Independent Test A person has a due process right to collect independent scientific evidence of their blood alcohol concentration (BAC). The State may not unreasonably interfere with this right. If necessary, addition, your AZ DUI Attorney can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results. A word of caution: It is important to know that many defenses exist that could get your case dismissed. But the Phoenix DUI Prosecution will turn the other way and ignore any evidence or weaknesses in your case if you go unrepresented by a good Phoenix DUI Lawyer. The best Arizona DUI attorneys will over turn every stone to look for flaws or weaknesses in the prosecutions case to challenge, and fight to get your case dismissed, reduced to lesser charges, or the best possible outcome in your case.

more If you have been arrested for any Phoenix Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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

One of the first questions a good AZ DUI attorney will ask you is “What was the alleged reason for the Phoenix DUI stop?

The United States Supreme Court has held that an officer must have a “reasonable suspicion” that a criminal offense or traffic offense has been committed or is in progress in order to stop a vehicle. (This excludes DUI Checkpoint Task Force which requires the police to stop cars in an advanced mathematical formula decided by City or County Officials or the Police Department Management).

If the officer did not have a reasonable suspicion, then the remedy can 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 Phoenix. These types of driving actions are commonly seen in unimpaired drivers. If the Phoenix DUI stop by the police was illegal then your Phoenix DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed.

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. There 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 Phoenix 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 Phoenix, Tempe, Chandler, Scottsdale, Gilbert, Mesa, Gilbert, and surrounding areas valley-wide within Maricopa County 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 circumstance.

“How an Extreme DUI charge may be reduced or completely dismissed with a good AZ DUI lawyer”.

Any Phoenix DUI lawyer will tell you how serious a Phoenix DUI can be and how it can have devastating effects on your life, future and freedom. But it becomes even more serious when it is elevated to an “Extreme DUI. A Phoenix DUI charge escalates to an “Extreme DUI” if the body’s Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is usually determined by a breath or blood test administered by the Phoenix Police or their Crime Lab personnel. If the BAC level exceeds 0.20 is designated as a “Super Extreme” which carries even more severe penalties and incarceration time if convicted. If you face any Phoenix DUI it is important that your consult an experienced Arizona DUI lawyer who regularly defends extreme DUI charges in the Phoenix Court.

So you made a mistake. That means you are human. There is hope. And you deserve a second chance. Understand first that simply because you were charged with a Phoenix DUI doesn’t mean you are guilty as charged, or that you will be convicted of it. The fact is that the police officer (s) felt at the time they had probable cause for arrest. Examination of the evidence by an experienced DUI Attorney who practices regularly in Phoenix may just disprove that issue. If you have received a Phoenix AZ extreme DUI you must understand your options so you can make a well thought out decision on how to proceed and understand there are consequences that you must live with related to that decision. Here are your options for a first offense Phoenix extreme DUI: A. Plead guilty with no attempt at defending the charge. You could potentially receive up to the max for first offense: 1) Minimum 30 days jail and up to 6 months, 2) vehicle impound 3) Required Ignition interlock device to be used on your auto (at your expense) 4) Ninety days driver’s license suspension 5) Mandatory alcohol/drug counseling 6) Probation 7) Pay fines, fees, and if applicable restitution. Any other punishment the court deems necessary B. Fail to appear for your court date that is indicated on the complaint you received. In that event an immediate warrant will be issued for your arrest. The police may go to your place of business, work, or wherever they think they can find you to arrest you.

C. If you qualify financially, there is always an option of using a public defender. Although their job is to defend you, they are often challenged by time and resources due to the very large caseloads they must carry. You need to know your attorney is fighting for you, is accessible, and is examining every aspect of your case and evidence and is in a position to do what it takes to do everything possible to try and get your case dismissed, charges reduced or other outcome. It may be a good investment of your time, to seek out someone you know who has used a public defender. Ask them about what type of defense they were able to provide and the outcome D. Go to court unrepresented by a good private practice AZ criminal defense or AZDUI Attorney. This is extremely risky and dangerous. The results can land you with the maximum penalties. The prosecutors know the protocol, the evidence, how to argue your case, how to get you to incriminate yourself, how to make their case stronger, and will ignore any weaknesses or flaws in your case. You will most likely end up with the results in option A. above. E. Hire an experienced AZ criminal defense or AZ DUI Attorney you can find to fight for you and defend your case. You will be surprised to find out, that some of the best attorneys are more affordable, than others not so skilled or experienced. And most good Phoenix DUI attorneys will provide a Free Consultation. You have nothing to lose. A good criminal defense or DUI attorney who practices in Phoenix will fight 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 AZ DUI Attorney will examine evidence or lack thereof; determine if there were any violations of your constitutional rights, reason for the DUI stop, probable cause for your arrest, handling of all evidence, crime lab methods of testing, proper implementation of field sobriety tests, reliability of testing, maintenance and reliability of breathalyzer machines, and many more factors. There are factors that may seem small to you, that the eye of a good DUI Attorney will use as a defense and may have great bearing on your case. You will not get these benefits or evidence challenged without a good private practice Phoenix, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Phoenix may be able to suppress evidence, get your case dismissed, a “not guilty”, or a reduction of your AZ DUI charges. Option E. gives you piece of mind, and the greatest chance at freedom and a new start on life without devastation of an AZ DUI conviction.

If you have been charged with any Phoenix 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 Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, 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.

• DUI charges involving a motor vehicle accident which resulted in bodily injury or significant harm to another person, pedestrian, driver, or passenger in a vehicle. • DUI manslaughter – When the DUI and Auto accident results in a fatality of another while you are under the influence of alcohol or drugs. • You have been charged with your third DUI within 7 years • DUI arrest while on a on a suspended or revoked driver’s license • Driving under the influence of alcohol or drugs impaired, and with a minor, in Arizona that is age 15 or under) in the vehicle you are driving.

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

• Four months in Jail or Prison, if you have no prior criminal record or felony convictions. Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher. • Up to $150,000 plus 80% surcharge • $1500 prison assessment • $250 abatement fee • Evaluation Costs • Drug or Alcohol Treatment & Counseling Costs • Probation and probation Fees • Driving Privileges can be revoked for up to 3 years • Court ordered Ignition Interlock Device for your auto once you qualify to get your driver’s license back.

Phoenix DUI and Felony DUI laws are constantly changing. The above laws and punishments are constantly changing. This is why it is so important to hire an experienced, highly qualified Arizona Criminal or AZ DUI defense Lawyer who defends cases often in Phoenix. That AZ DUI Attorney needs to be familiar with defending Felony DUI charges in the court jurisdiction where you were arrested. Your criminal defense attorney must be well versed on the Phoenix law, Courts, Protocol, how to use the Law and Constitution in your defense; But most importantly, they must be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.

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

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

more Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, 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.