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

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

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

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

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

DUI Penalties – Arizona Felony DUI Sentencing Guidelines

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

• Jail Sentences ranging from 1 day to 1 year;

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

• Revocation of your drivers license for 3 years;

• Ignition Interlock Device;

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

• $1500 prison assessment;

• $250 abatement fees;

• Probation fees;

• Costs for Drug or Alcohol Treatment Screening;

• Costs for Drug or Alcohol Counseling or Treatment Program;

• Supervised probation;

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

Arizona DUI Lawyer – Felony DUI Defense Lawyers in Arizona

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

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

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

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

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

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

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

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

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

DUI Penalties – Felony DUI Sentencing Guidelines in Arizona

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

• Jail Sentences ranging from 1 day to 1 year;

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

• Revocation of your drivers license for 3 years;

• Ignition Interlock Device;

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

• $1500 prison assessment;

• $250 abatement fees;

• Probation fees;

• Costs for Drug or Alcohol Treatment Screening;

• Costs for Drug or Alcohol Counseling or Treatment Program;

• Supervised probation;

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

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

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

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

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

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

“The cost of retaining a good Gilbert DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Gilbert felony DUI Charges” If you were arrested for felony DUI charges in Gilbert, AZ you should contact a Gilbert DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Gilbert exposes you to severe penalties. You will need a qualified Gilbert DUI attorney to defend your Felony DUI charges.

Felony DUI – Arizona Law: There are three factors that will aggravate a Gilbert 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 your drivers license was suspended, restricted or revoked – Class 3 Felony

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

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

DUI Penalties – Felony DUI Sentencing in Arizona

A Felony DUI conviction for Gilbert 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 Sentences ranging from 1 day to 1 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 Felony DUI Penalties for Gilbert DUI convictions may be “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Gilbert DUI Lawyer – Felony DUI Defense Gilbert AZ

Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Experienced Gilbert DUI Defense Attorneys lawyers know what to look for and obtain evidence needed to argue for mitigating sentencing if you are convicted of a felony DUI charge.

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. A qualified Gilbert DUI lawyer or AZ criminal defense lawyer will encourage you to avoid that mind set. Any Gilbert Felony DUI charge can be challenged, regardless of their classification. Good Gilbert DUI lawyers are often able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

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.

Arizona’s adopted “Mandatory Sentencing” guidelines for serious felonies. Here’s how the best AZ criminal defense lawyers may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Gilbert AZ Felony Charges

If you face AZ felony charges in Gilbert AZ. you should hire the best Gilbert criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. You are not convicted unless you are proven to be guilty The law allows for you to be entitled to a defense. Use it. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Gilbert felonies on a regular basis.

“Mandatory Sentencing” Penalties | AZ Felony Convictions

Arizona State Law is harsh on felony convictions. Most people have too much to lose to accept a conviction. This is particularly the case if a serious felony conviction subject to Arizona’s “Mandatory Sentencing Laws”. Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms, even for life, within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies Subject to AZ “Mandatory Sentencing Laws”

In Arizona, serious felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:

1) Dangerous or violent crimes;

2) Sexual assault or other violent assault crimes;

3) Assault with use of a deadly weapon;

4) Assault and battery with a weapon;

5) Armed robbery

6) Repeat offenses;

Defense Lawyers in Gilbert AZ for Felony Criminal Charges

It is crucial for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a successful defense and trial record. There are two primary stages during the criminal justice process that top Gilbert Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Gilbert criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

If you have been arrested for DUI or any criminal charges either Misdemeanor or Felony 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 Phoenix, Chandler, Tempe, Gilbert, Mesa, Scottsdale Phoenix Metro, and central Phoenix and Phoenix East Valley cities in Maricopa Count.

DUI blood alcohol test results evidence can be challenged by your Gilbert DUI Attorney. In some cases, this can lead to a total dismissal of your Gilbert DUI charges

AZ DUI Law | Defending Blood Alcohol Content (BAC) Test

If you were charged with a DUI in Gilbert AZ based upon your DUI blood testing results, you should contact a Gilbert DUI lawyer as soon as possible. In many cases, your DUI defense attorney can challenge the prosecution’s blood evidence. This may lead to suppression of that evidence and total dismissal of your DUI charges.

Here are at least 10 reasons your Gilbert AZ DUI lawyer might use to challenge the prosecution’s evidence relating to your DUI blood test results:

1. Errors in the blood testing process occurred;

2. Police did not follow required protocol related to DUI blood alcohol testing, analysis, preservation, or transport;

3. The officer who conducted the blood test was did not have the credentials or proper training in phlebotomy and DUI blood testing;

4. The blood sample was retested by your DUI defense attorney and found to be largely different that the blood test results processed at the crime lab;

5. Due to improper labeling the blood sample belonged to someone else;

6. The blood sample container was not properly sealed for transport; for processing;

7. The expiration date of the DUI or Drug testing kit used by police had expired.

8. The DUI or drug blood testing kit used by police had been exposed to prolonged extreme Arizona heat due to improper storage.

9. The police had their blood sample processed at a local hospital. Most busy hospitals and medical facilities designed for medical testing and treatment for sick or injured patients s are usually not required to follow strict protocol for processing of criminal or DUI blood testing evidence.

10. The officer who conducted the test or arrested you for Gilbert DUI, refused or failed to give you a blood sample for your Gilbert DUI defense attorney. This is a violation of your constitutional rights.

Criminal Defense Attorneys – DUI in Gilbert AZ

When you consult a Gilbert DUI attorney to defend DUI charges, ask them if they intend to retest the blood sample. Good Gilbert DUI lawyers do this on every DUI defense case involving DUI blood testing results. Be sure to inquire who will be responsible for the blood retesting fees at defense retesting. The charge for this service is currently between $250.00 and $350.00. Many AZ DUI lawyers will factor the fee into your total defense cost. Some DUI attorneys in AZ take care of this cost as a courtesy. But if your DUI lawyer requires you to pay the fee on top of defense costs, it is well worth it, to pay to have it retested. Many AZ DUI charges have been dismissed because the tests were challenged successfully by a DUI defense firm. The best Gilbert criminal defense attorneys in AZ understand the importance of examining all the aspects of the DUI blood test results. If they find weaknesses or flaws in the prosecution’s blood sample evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments, which may lead to a total dismissal of your Gilbert DUI 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.

AZ DUI with Blood Test

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

Blood Tests for Arizona Drunk Driving

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

1) breathalyzer machine, test

2) blood draw or

3) urine sample.

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

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

Challenging the Blood Test Results in Arizona

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

• Flaws with the blood kit used:

Sample outside of expiration date;

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

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

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

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

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

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

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

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

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

There are many good criminal defense and DUI attorneys who can defend your criminal or DUI charges in Gilbert AZ. But the fact is, the very best one, is the one that is right for you. Sound simple? For the most part it is. And it will take some effort on your part. But in the long run it make just mean the difference of whether or not you get a conviction or a dismissal of your criminal or DUI charges. It applies to the old cliché “Sweat now, bleed less later.”

Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your Gilbert AZ Charges:

• The internet. This may sound remedial. But some people do not realize they should hire an attorney licensed in criminal law in Arizona to defend their Arizona charges. Look for “criminal defense attorney” or “DUI defense Attorney” DUI or Criminal Defense law firms, and the like. Be sure to limit your search within the jurisdiction, city or county and state you received the criminal charges or where you were arrested. Then select a few Criminal and DUI attorneys.

• Review the Attorney’s Website in more detail. Limit your search to Arizona Attorneys who defend cases within Maricopa County, and often in Gilbert AZ Court. The Attorney you choose should be licensed to practice criminal law in the state of Arizona.

• Web Directories. There are literally hundreds of on-line Attorney directories. Again, limit your search to Arizona and the practice areas of criminal defense and DUI defense in the city, county, or jurisdiction in Arizona you were arrested or charged with a crime.

• Review Sites and Forums. There is a wealth of information that can be found through internet review sites and social networks and forums. Find out type of experience others have had and their outcomes by hiring a particular attorney. A word of caution, do not post details regarding your criminal or DUI charges before or during the process of your situation while you are looking. Your comments are public and can be used against you.

• Referrals from trusted friends, family or neighbors. Be sure not to discuss your particular situation or details surrounding your charges.

• Contact the Arizona State Bar and/or the Maricopa County Bar Association to find out if they are licensed to practice criminal law in Arizona and for how long. They may also have other useful information to assist you.

• Once you have narrowed your search to a few attorneys that you feel are qualified and have the experience and credentials to defend your case, contact them for a Free Consultation.

• The consultation may be by phone or in person, whatever is agreed upon by you and the criminal defense attorney. Explain your charges, and answer any questions they have relating to your situation. The attorney will need to get information to further assist you, discuss your defense options and you’re your a rate quote for retaining their legal representation.

• Use the consultation not only to get information relating to the charges and your defense options, fill the voids of information you would like to know about that attorney to help you make your decision. This should include qualifications, knowledge, training, experience, credentials, defense at trial, and how often they defend cases in Gilbert AZ. Most criminal defense or DUI attorneys should be able to give you a rate quote by phone. Ask about fees and flexible payment plans if needed. Ask whatever you need to know to make you feel confident you are making the right decision.

Choosing the best Attorney to defend you in Gilbert AZ for your DUI or criminal charges is an extremely important decision. Your freedom and future are in jeopardy. You need to find the best defense attorney for you. A well thought out decision will increase your chances of getting your charges dropped, a not-guilty verdict, a dismissal or reduction of charges or sentencing rather than a harsh conviction.

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.

Arizona DUI Defense Tactic

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

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

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

Gilbert DUI Defense Strategies

SUBSTANCE INTERFERENCE Did the DUI suspect ingest cough drops, medication, use asthma spray prior to the breath test, or have tobacco chew in the mouth? Many substances are known to contain various forms and levels of alcohol or any other chemicals that may produce false readings, therefore invalidating the results.

RESULTS CONTAMINATION Did mouth alcohol contaminate the breath test results? Was there alcohol in the mouth but not in the bloodstream that produced a misleading BAC reading? Accurate results can be affected by latent oral alcohol caused by burping, belching, residual regurgitation, cough syrup, cold medicines, breath sprays, mouthwash, dentures, denture adhesives, braces, trapped food between the teeth, orthodontics, and or other substances.

BREATHING PATTERNS Were you instructed to breathe continuously into the device for more than 10 seconds? Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.

Gilbert AZ DUI Defenses There are many DUI defenses that may apply and can be used to defend your DUI charges in Gilbert Arizona. A good DUI lawyer who defends DUI charges in Gilbert 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. Above was 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 Gilbert, Scottsdale, Phoenix, Chandler, Mesa, and Tempe Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

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

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

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

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

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

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

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

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

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

If you have been arrested for a DUI in Gilbert Arizona, you already know Arizona has some of the toughest DUI laws in the Country. Gilbert Arizona is very aggressive when it comes to DUIs. One of the most important priorities for Gilbert Police are finding, and arresting DUI – DWI drivers, and getting convictions. They have specialized trained motorcycle police teams to do just that. 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 Gilbert DUI arrest, you will need a strong and experienced Gilbert Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Gilbert Arizona. But it is not so easy to find a good Gilbert DUI Lawyer or one of the best Criminal Defense Attorneys to defend you, who defend cases frequently in Gilbert Arizona Courts.

If you are stopped and arrested a Gilbert DUI, make sure you hire a DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Gilbert 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 Gilbert 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. Below are some questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These excerpts are cited in Winning Defense Strategies Book Series “#1 Arizona DUI Defense”, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak:

• Who will actually be my DUI Attorney? • Have you met that Attorney before your 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? • What is Your Experience? • 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?

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 Gilbert Arizona DUI Defense Attorney, who defends DUI cases frequently in Gilbert AZ, can mean the difference between a conviction or total dismissal, or reduction your criminal or DUI charges.

more If you have been arrested for any Arizona DUI other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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.

The Arizona FST is a battery of tests that include such motor skill and cognitive testing such as the “heel-to-toe,” “finger-to-nose”, “one-leg stand”, eye test called “horizontal gaze nystagmus” test, alphabet recitation, modified position of attention (Rhomberg), “fingers-to-thumb”, “hand pat and others. Note: These are the least reliable source of evidence the prosecution can use against you. Police generally use it as a preliminary Tool o determine if further breath or blood tests are needed. Then they will later use your performance of these tests against you. They will make it sound like you did poorly on the tests. But in fact, even a person unimpaired by drugs or alcohol may perform these tests to a “poor” standard. That is why they are often challenged.

Below is a sample of Field Sobriety Test defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

WAS YOU BATTERY OF FST CONDUCTED WITH CLIMATE, ENVORNMENTA OR LANDSCAPING DISADVANTAGES TO YOU? The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface. THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS: Did the officer report that you failed or did poorly on the HGN test? This is the “follow the pen with your eyes test” actually has a very complicated name- the Horizontal Gaze Nystagmus (“HGN”) test. This test is allegedly meant to measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient’s head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions. BREATH TEST OPERATOR UNLICENSED Did the breath test operator possess a valid, unexpired operator’s license? If not, the DUI breath test result is inadmissible.

IMPROPER PRESERVATION OF THE BLOOD SAMPLE Was your blood sample preserved properly? The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

BLOOD KIT Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.

IMPROPER TEST TIMING, PROTOCOL, PRESEVERATON OR TRANPORT OF URINE SAMPLE Was your urine sample properly tested? The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored. RISING BAC Was your blood drawn within three hours of consuming your last alcoholic beverage? It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.

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

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

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe and surrounding cities within Maricopa County. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

If you were arrested in Gilbert AZ or face criminal or DUI charges s in Gilbert you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol and defends cases frequently in Gilbert AZ. Most importantly, your Gilbert criminal attorney or Gilbert DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Gilbert criminal or Gilbert DUI charges. An experienced Gilbert Criminal Attorney or DUI Lawyer in Gilbert will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Gilbert criminal defense attorney or DUI lawyer in Gilbert will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

WHAT TO EXPECT AFTER BEING ARRESTED IN GILBERT

• Arrest – In order for a Gilbert, AZ arrest to be legal, the police must have “Probable Cause”. This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Gilbert police custody.

• Booking – Your fingerprints taken, photograph or what some call “mug shot” will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment – This is the initial Gilbert Criminal Court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Court know that you do not dispute the criminal charges either).

• Resolution – 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Gilbert Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights in Gilbert You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Gilbert criminal attorney or Gilbert DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Gilbert Police or Gilbert Court Prosecutor in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent; 2) The right to defense by an attorney; 3) The right not to answer questions without your criminal defense attorney present; 4) Your Miranda Rights must be read to you if you are arrested; 5) The right to enter a “Not Guilty” Plea; 6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence before or at trial; 7) The right to trial by jury; 8) The right to defend your criminal or dui charges before trial; 9) The right to avoid self-incrimination; 10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified Gilbert criminal defense attorney or trial lawyer in Gilbert who is experienced in criminal defense litigation.

Criminal Law Gilbert Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes If your arrest or charges for DUI or Criminal charges in Gilbert AZ, Arizona you will be subject to the rules of authority of Arizona State Laws of Arizona cited above.

Criminal Attorney Gilbert AZ Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Gilbert Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Gilbert criminal and Gilbert DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Gilbert prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Gilbert Criminal Court without qualified criminal attorney or DUI lawyer is certain to “fast track” a Gilbert DUI or criminal conviction. Some feel the Gilbert criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Gilbert criminal attorney or DUI lawyer who defends cases frequently in Gilbert, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution’s case against you. You don’t want to unknowingly contribute to your conviction.

A good Gilbert criminal defense or Gilbert DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Gilbert court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

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

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

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

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

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

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

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

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

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

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Tempe, Scottsdale, Chandler, Gilbert, Phoenix Arizona and surrounding areas in Maricopa County valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you face Gilbert AZ drug DUI or medication DUI charges you should contact a an experienced drug defense attorney, Gilbert criminal defense attorney or DUI attorney who defends cases in Gilbert AZ as soon as possible. Early retention of an experienced Gilbert 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 Gilbert 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.

Gilbert Drug DUI Laws Any Gilbert 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 Gilbert, AZ If you have been charged with a Gilbert drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, Drug defense or Gilbert DUI Attorney who defends DUI and drug DUI in Gilbert on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Gilbert, Arizona a Drug DUI. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, Medication DUI. If you try to take on the monumental task fighting through the maze of the Arizona court system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategy to use based on the circumstances 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 Gilbert, 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 Gilbert DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Gilbert, Tempe, Phoenix, Mesa, Chandler, Gilbert, and surrounding cities within Maricopa County.

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.

A Gilbert Misdemeanor DUI is raised to an even more serious level of a “Gilbert Felony DUI ” under Arizona State Law in the following circumstances which have been paraphrased from A.R.S. 28-1383:

• DUI charges involving an auto accident resulting in bodily injury or significant harm to another person or persons.

• DUI manslaughter – When the Accident with DUI results in a fatality of another while you were impaired under the influence of alcohol or drugs or combination.

• The current DUI charge is your third DUI within 7 years • Arrested for DUI 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 motor vehicle that you were driving. .

Gilbert Felony DUI Penalties under Arizona Law- Arizona Revised Statutes Gilbert 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 $150,000.00 plus 80% surcharge • $1500.00 prison assessment • $250.00 abatement fee • Evaluation Costs • Drug or Alcohol Treatment & Counseling Costs • Probation and probation Fees • Driving Privileges revoked for up to 3 years • Court ordered Ignition Interlock Device for your auto. .

Gilbert DUI and Felony DUI laws and penalties are constantly changing. This is why it is so important to hire an experienced, highly qualified Arizona Criminal Defense or AZ DUI Lawyer who defends cases often in Gilbert, Arizona. Your criminal defense attorney must be well versed on the Gilbert AZ 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.

All hope is not lost if you have been arrested for a Gilbert AZ DUI. Don’t give up. You can get a second chance by hiring a good Arizona DUI Lawyer who defends cases in Gilbert. To help you get informed on some of your defenses, You can download for free the winning defenses 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. Simply visit www.arizonacriminaldefenselawyer.com The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, 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.

A Misdemeanor DUI is elevated to a Felony DUI under the following circumstances and paraphrased from A.R.S. 28-1383: DUI involving auto accident which causes bodily injury or harm to another person, pedestrian, cyclist, driver, or passenger in a vehicle. • DUI manslaughter – When the DUI and Auto accident results in a fatality of another while you are under the influence of alcohol or drugs. • Your Third DUI within 7 years • DUI while on a on a suspended license • Driving under the influence of alcohol or drugs impaired, and with a minor (In Arizona that is age 15 or under) in the vehicle you are driving.

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

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

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

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Mesa, Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.