Drunk Driving Criminal Rights
Drunk Driving - Know Your Criminal Rights
Arizona Drunk Driving Lawyer
James Novak, Your Criminal Defense Lawyer for
Call (480) 413-1499
Free Initial Consultation
DUI, DWI, Drunk Driving Defense – 10 Rights and Laws you should be aware of if you have been arrested for Driving under the Influence.
- Even a first time misdemeanor DUI conviction will expose you to jail time. Ref: A.R.S. 28-1381. Your best chance of getting DUI, DWI and drunk driving charges dismissed is to hire a private practice Criminal Defense Attorney or DUI attorney who defends DUI charges on a regular basis.
- Regardless of the strength of DUI evidence against you, you still have the right to “Due Process” and “Legal Counsel” to challenge your Criminal Drunk Driving or DUI charges. Ref: Fundament Federal US Constitutional Rights, US Bill of Rights 1-10 and the 14th Amendment of the Constitution. Even you were charged with an Extreme DUI based on the results of your Blood Alcohol Content (BAC Level) DUI breathalyzer or DUI blood tests, you have the right to hire a private Criminal Defense Lawyer to defend you. You should also know that repeat offenses and prior DUI convictions subject you to much hire DUI penalties in Arizona. Still, you have the right to hire a private practice DUI defense attorney, to work towards getting the charges dismissed, reduced, or more lenient penalties.
- The Arizona Prosecutor is not your friend and has no intentions of helping you defend your DUI. Ref: The Maricopa County Prosecutor is bound by contract agreement to represent the County, not the Defendant.
Although he or she may appear friendly and approachable, keep in mind they have only one job---to get a conviction of DUI charges. Refrain from any discussions with the Prosecutor in or out of court, unless you have been instructed to do so by your private practice DUI Lawyer or the Judge. All statements you make, formally or informally can be used against you. Should you be questioned by the prosecutor outside of court and the proper legal channels, remain respectful and polite: But do not engage in any conversation other than directed by the judge or your defense attorney.
- You have the “Right to remain silent”. Ref: 1) 5th Amendment of the United States Constitution; and 2) Miranda Rights: U.S. Supreme Court Landmark Case Miranda v. Arizona in 1966.
You must avoid the temptation of “telling your side of the story”. To do so, may damage your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it. That’s your DUI lawyer’s job. An experienced DUI lawyer, such as James Novak will know when and how to compellingly “tell your side of the story”. He will present it as part of your defense case which he will tailor and build specifically for you and the facts, and evidence surrounding your Arizona DUI charges.
- You must attend all scheduled court appearances for your Arizona Arizona DUI or drunk driving charges or you will face an arrest warrant. Ref: A.R.S. 13-2506 & A.R.S. 13-2507.
If you miss your court date or are late, the Judge has the authority to issue a “Bench Warrant”, for your arrest due to your “Failure to Appear” (FTA) “A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification.” The only exception is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.
- Following a Arizona DUI or Drunk Driving Charge, you will need to deal with two separate entities. Ref: 1) AZ DUI Criminal beginning A.R.S. Article 3 Title 28- 1381; Ref: 2) Arizona Division of Motor Vehicle (DMV) due to DUI license suspension A.R.S. 28-1385 (c ) & A.R.S. 28 - 1385 (h)
First, is the criminal matter which is the DUI charges, which will be processed through the Arizona criminal justice court system. Second, is a civil matter with the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers’ license even before your court matter is complete.
- If you hire a private practice AZ DUI-DWI, drunk driving lawyer to defend you, they will immediately begin your defense. US Constitution “right to legal counsel” Your chances of getting your DUI or Drunk Driving charges dismissed in Arizona increase significantly if you retain a private practice criminal defense or DUI defense attorney. Going unrepresented almost always results in a swift and severe conviction. Choose wisely.
- Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage over you. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage.
- If you decide not to hire a private practice Arizona DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don’t get any breaks by the court, by not hiring a private practice Arizona drunk driving lawyer. You will be held to the same standards as would otherwise your Arizona DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense.
- A good private practice Arizona DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, build and present a solid and compelling defense on your behalf. In some cases they may be able to get your DUI or drunk driving charges dismissed, reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.
Arizona Drunk Driving Lawyer James Novak, Your AZ Criminal Defense Lawyer for Drunk Driving.
Call (480) 413-1499
AZ DUI & Criminal Defense Lawyer – Defendant representation for criminal & DUI Charges in Phoenix DUI Court, Mesa DUI Court, Tempe DUI Court, Scottsdale DUI Court, Chandler DUI Court, & Gilbert DUI Court
If you face active a DWI–DUI or drunk driving charges in Maricopa County call now for your FREE Initial consultation!
By Contacting the Law Office of James Novak as soon as you have been charged or arrested for drunk driving in Arizona you will get a FREE consultation with experienced Arizona DUI defense lawyer James Novak. James Novak is a former Maricopa County DUI prosecutor with years of trial and defense experience. The Law office of James Novak provides exclusive defense representation for DUI and criminal charges in Phoenix, Scottsdale, Chandler, Tempe, Mesa, and Gilbert Arizona. He is well versed on current Arizona DUI laws, the court and prosecution for your case. Arizona DUI outcomes and penalties vary according to the conclusion of your DUI case. To speak directly with an experienced Arizona DUI lawyer who can defend provide a proven defense on your behalf, and fight your DUI charges, call the Law Office of James Novak, P.L.L.C. today at 480.413.1499 to get your Free initial consultation. Law Office of James Novak proudly serves Phoenix DUI, Scottsdale DUI, Mesa DUI, Gilbert DUI, Tempe DUI, Chandler DUI - James Novak defends both Misdemeanor DUI, and Felony DUI. No DUI is too basic or too serious for James Novak to defend. Upon retention you will get the same excellent quality with top legal representation for your AZ DUI charges.
The Law Office of James Novak’s is Committed to Helping You with Your DUI Arrest and Defending Your AZ DUI Charges