A DUI arrest is only the first phase in what will otherwise be a traumatic and stressful process, unless you retain a top Arizona DUI defense lawyer. Without proper DUI legal advice, many defendants are disillusioned into thinking that since they have a clean record, and this is their first DUI or criminal offense, then the judge and prosecutor will go easy on you. That may be the case in some other states, but not in Arizona. Currently, even a first time DUI requires the sentencing of jail time. While advocates fight for more leniency and change of jail time for even your first DUI, the laws and penalties remain some of the most strict and harsh in the country. James Novak, experienced DUI and criminal defense attorney can help you fight to avoid an driving under the influence conviction. Attorney James Novak provides strong legal representation for DUI charges in Tempe City Court, Gilbert City Court, Mesa City Court, Chandler City Court, Scottsdale City Court and or Phoenix City Court.DUI Defense Attorney, James Novak will determine if the Police had “Reasonable Suspicion” of DUI to stop you.
The outcome of your case is actually influenced by events that take place from the time the police pull you over, approach your vehicle, and subsequent arrest you for DUI charges. That is when the police will testify that your driving was a sign or symptom of impairment. The police must have reasonable suspicion of DUI to stop your vehicle and conduct a full DUI investigation. (This is not as high a standard of “probable cause” to make an arrest). The Law Office of James Novak will examine all facts to determine if the police had adequate “reasonable suspicion” to stop your vehicle at all. If not, he will file appropriate motions with the court for lack of “reasonable suspicion”. If the court judge agrees, this may lead to cause for dismissal, because nothing that happened after than can be admitted for use against you.Avoid Self-Incrimination that leads to a DUI Arrest
It is at that point the cards begin to stack against you. The police are taking notes of everything you say and do, and will make every effort to work with the DUI Prosecutor to use it against you. Here are just a few examples of things you may be asked by the police at the time of your AZ DUI stop:
“Have you been drinking?
“What kind of alcohol was it?”
“How many drinks did you have?”
“Have you taken any drugs?”
“What kind of drugs did you take?”
“How much of the drug (s) did you take?”
“Did you just leave a bar?’
“Rate your ability to drive right now”
“Do you feel even slightly impaired to drive?”
“Do you know why I pulled you over for this stop?”
Remember, you have the right to remain silent. Use it. You must remain calm, respectful and polite. However, you do not need to answer questions that will incriminate you or assist the police and prosecutor in building its case to convict you.Attorney James Novak may challenge whether or not police had “probable cause” for your DUI arrest.
After questioning the DUI police typically will conduct some field sobriety tests. If they suspect you have been drinking you will be instructed to participate in a Portable Breath Test, a then a second formal breath test. The police may choose to do a blood test instead of a breathalyzer test. That is their choice. In order to arrest you, by law the police must have “probable cause” which is a higher standard than to pull you over for the stop. If “probable cause” was insufficient, attorney James Novak will file appropriate motions to the court regarding lack of “probable cause” which will usually lead to dismissal of DUI charges if the court agrees.
Following your questioning and observations by police, the officer will decide if there is enough reason to believe if you have been impaired due to drinking alcohol or taking drugs. By law, you can not be convicted based solely on the results of a portable breath test (PBT). If you were arrested based on that, James Novak, Criminal and DUI Attorney will challenge that evidence to make sure it can not be used against you. In turn this can lead to a dismissal of your DUI charges.
A second test which is more formal needs to be done which in theory requires for maintained and calibrated equipment. This is not always the case. The use of the equipment and conducting of this test by the officer can be challenged for many reasons by an experienced AZ DUI attorney like James Novak.
They may also conduct DUI chemical blood or urine test if they suspect you of Drug DUI. However, no matter how high your BAC levels or toxicology results are, chemical tests can also be challenged. If necessary, James Novak applicable can have the chemical samples retested by an independent lab. He will also consider challenging experience, qualifications of the law enforcement person who conducted the test. There can also be problems with the test kits, handling, transport and storage of the samples and more that can be challenge.The Law Office of James Novak, DUI Lawyer will make sure your rights have not been violated.
James Novak will also gather the facts to determine if your rights have been violated in anyway during any phase of the stop, arrest, or thereafter. If so, this can lead to a dismissal of your DUI charges during negotiations or by filing the appropriate motions to the court.If you have been arrested for a DUI call now For Your Free Consultation!
Only you can decide who will be the best DUI defense lawyer to defend you. By Contacting the Law Office of James Novak as soon as you have been charged or being investigated by law enforcement for Maricopa County AZ DUI or Criminal Charges, James Novak provides a free initial consultation for those who face active charges in his service area. Speak directly with an experienced and proven criminal defense attorney by calling (480) 413-1499 today. He is well versed on current Arizona DUI laws, the court and prosecution for your case. Arizona DUI 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 for your Free initial consultation. Law Office of James Novak proudly serves Phoenix DUI, Scottsdale DUI, Mesa DUI, Gilbert DUI, Tempe DUI, Chandler DUI - Misdemeanor DUI, and Felony DUI.
Defending your Arizona charges and obtaining a favorable resolution on your behalf is James Novak’s priority.
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**All Arizona Laws are subject to change. Also, every case has it’s own unique set of circumstances. The information in this content may or may not apply to your particular circumstances. For current and updated DUI laws or help surrounding your active DUI charges, contact the Law Office of James Novak for your initial consultation. Up to date information will be provided if your DUI charges are active in Maricopa County, you are in pre-trial phase, and you have not retained legal representation for your DUI charges.