James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others. As well as:
National Assoc. of Criminal Defense Lawyers
National College for DUI Defense
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“All gave some; some gave all”.
1. Observance of Memorial Day began after the Civil War, in remembrance of those 620,000 who lost their lives in the deadliest war ever to occur on U.S. soil.
2. Out of the total number of deaths in the Civil War, a majority of the deaths, 400,000, resulted from disease. Combat resulted in 220,000 deaths.
3. Memorial Day’s focus was to honor those who died in the wars — different from Veteran’s Day, which honors all veterans, living or dead.
4. Memorial Day was initially called “Decoration Day.” Memorial Day was proclaimed May 5, of 1868 by General Logan in his 11th General Order. It was observed by placing flowers on the graves of Union and Confederate soldiers at Arlington National Cemetery.
5. It was later re-named “Memorial Day” in 1882, which was officially declared its new name under Federal law in 1967.
6. On June 28, 1968, the United States Congress passed the Uniform Holidays Bill, which included moving Memorial Day to the last Monday in May to enable it to be observed as part of a three-day weekend. It took effect in 1971.
7. Flag Etiquette for Memorial Day is to fly it at half-staff until noon. At 12:00 p.m., it should be lowered only to hoist it to the top; and taken down at sunset. If the flag is lighted, it may remain up. It should not be flown in the rain.
8. The tradition of wearing red poppies on Memorial Day in honor of those who died was inspired by a poem written in 1915 “In Flander’s Fields,” by John McCrae.
9. The sheet music “Kneel While Our Loves are Sleeping” published in 1867, by Nella L. Sweet, and words by G.W.R. were dedicated “To The Ladies of the South,” who decorated the graves of the fallen soldiers.
10. In December of 2000, “The National Moment of Remembrance Act” was signed into law. It encourages Americans, to pause for a moment of silence on Memorial Day at 3 p.m. local time, no matter where they may be, to remember all of those who have died in service to the United States of America.
DUI Safety Message from Law Office of James Novak Criminal Defense Firm Tempe, AZ
Memorial Day is often observed with celebrations and gatherings among friends and family. For many it marks the beginning of the summer and its holidays. Many plans include traveling, enjoying outdoor activities such as boating, outdoor grilling, swimming, and tubing down the Salt River. Whatever your plans be sure you know laws of highways; roadways; on the water; or wherever, you will be celebrating. Below are some DUI tips to help you stay safe.
DUI Prevention and Alcohol Safety Tips
• Drive defensively. Be aware that there is the potential for other motorists on the road that may be driving impaired due to alcohol or drugs.
• Plan ahead. If you plan to drink, don’t drive. If there’s a chance you might be driving impaired or under the influence of alcohol or drugs, make arrangements in advance for a ride home. Appoint a designated driver, take a cab, or contact a trusted family member or friend who will not be under the influence of alcohol or drugs.
• Don’t engage in “Binge Drinking”. This is the number one cause of alcohol poisoning, and can be fatal. The National Center for Disease Control (CDC) defines “Binge Drinking” as drinking 4 or 5 shots of liquor in a row.
• If you live or drive in Arizona be aware that Arizona has some of the toughest laws in the country related to DUI.
• Know that a person weighing 120 pounds or more can easily reach or exceed the legal limit for Blood Alcohol Content after only 1-2 drinks. A person 160 pounds or over can reach or exceed the legal limit after 2-3 alcoholic beverages. Both depend on certain factors such as gender, food, medications, alcohol tolerance, and more.
• A person can be driving “impaired to the slightest” degree even after only one drink, depending on other factors and be in violation of Arizona Law A.R.S, 28-2831.
• A person can be guilty of driving “impaired to the slightest degree” if they have are under the influence of intoxicating drugs, even if they have had no spirituous liquor at all under A.R.S. 28-1381.
It is estimated that nearly 10,000 people die, 200,000 people are injured, due to DUI involved collisions every year. To combat the problem, the National Transportation Safety Board (NTSB) recently announced 19 recommendations to reduce DUI fatalities across the country.
A recommendation that has gained much attention is lowering the legal limit of 0.08% Blood Alcohol Limit (BAC) in all states to 0.05 percent. Currently all states have a 0.08% legal limit. At least 100 countries in the world have a 0.05% limit. A spokesperson for the NTSB reported studies that clearly show motorists with a 0.05% BAC or will experience driving impairments that include a decline in cognitive and vision functions. This increases their risk of causing or being involved in motor vehicle collisions resulting in fatality or serious injuries.
Some studies show on average a person weighing 120 pounds or under, may reach .05% BAC after just one drink of intoxicating liquor, and a person weighing 160 pounds or under may reach the 0.05% limit after only two drinks. However, this can vary by gender; metabolism rate; alcohol tolerance; food or absent food; medications; and other factors that exist.
The Board recommended including mandatory Ignition Interlock Devices on vehicles for convicted DUI offenders, before their driver’s licenses could be reinstated following reactivated following suspensions or revocations resulting from the DUI.
Also among the recommendations was to further research “passive” DUI investigational tools, such as roadside equipment that when pointed towards a suspect or area of suspicion would enable officers to detect alcohol vapor within a specified environment. Other research highlighted was on technology that automatically tests drivers through breath or contact known as a driver alcohol detection system for safety (DADSS). It is projected that this technology, if accepted could decrease fatalities by 7,000 annually.
Other recommendations included higher visibility of law enforcement, additional sobriety checkpoints, public service and media announcements, and educational programs for alcohol and substance abuse.
The NTSB has authority only to recommend changes in the laws, but it is up to the states to adopt or reject them. Among safety motivations for the states are financial incentives that exist. The states who adopt the Board’s recommendations often get additional highway funding. Those states who do not adopt the NTSB recommendations can be penalized by the withholding of Federal highway and traffic funding.
Arizona DUI Laws and Impact of Recommendations
The state of Arizona has a good number of the NTSB’s recommendations in place already, and is known to have some of the strictest laws in the country. For example, violations of DUI laws under already include mandatory Ignition Interlock Devices on vehicles for a statutory time frames following reinstatement of driver’s licenses.
The BAC legal limit in Arizona is 0.08%. However under AZ DUI Law A.R.S. 28-1381 a person can potentially be prosecuted for lower than 0.08%, if they are found to be “impaired to the slightest degree” due to drugs or alcohol. As a result drivers are often convicted of DUI with a BAC of 0.05%, or lower; and in many cases, no BAC at all. This is the case if the impairment is due to intoxicating drugs rather than spirituous liquor.
The Arizona Governor’s Office of Highway Safety (AHOHS) has assertively provided funds consistently and generously to further research of advanced technology to assist police officers in prevention and enforcement of DUI laws throughout the state of Arizona. For example, late last year, the City of Chandler, AZ was awarded $65,000.00 for DUI enforcement just for the year-end holiday season. Just last month Tempe Police reported it received an $80,000.00 grant for funding to enhance the DUI enforcement campaign in the City of Tempe for DUI related crimes. Earlier this year The AGOHS awarded nearly $60,000.00 to Mesa AZ Police to the prevention and enforcement of growing Drug DUI arrests, particularly in the area of DUI with synthetic drugs or bath salts.
Earlier this month, the City of Phoenix launched a large scale public education program to raise awareness about the hazards of the impaired driving. The campaign included communications and public service announcements on websites, social media, message boards, and sponsored advertising and commercials.
Chandler AZ DUI Defense Attorney
Any DUI is a criminal offense in Arizona. If you have been arrested for any type of impaired driving charges, you should consult a criminal defense attorney as soon as possible to discuss your options for defense and legal representation.
Additional Resources
On April 17, 2013, The U.S. Supreme Court ruled on Missouri v. McNeely, siding with the lower courts’ decisions in a 5-4 ruling to suppress DUI evidence from being used against the defendant.
The case involved a DUI stop, following a moving traffic violation. After questioning, the driver was arrested for suspicion of DUI, after he refused to submit to a DUI breath and blood test.
Following the arrest he was transported to a nearby hospital where a DUI blood test was taken by a lab technician, at the direction of the police officer. The blood test was conducted without the driver’s consent, and in absence of a warrant. The police officer made no attempt to obtain a warrant to collect the blood for the DUI investigation.
The blood test concluded that the driver’s Blood Alcohol Content (BAC) was well above the legal limit of 0.08%. The driver was subsequently charged with Driving While Intoxicated (DWI).
The defendant’s attorney moved to suppress the DUI blood evidence on the basis that it was a violation of his Fourth Amendment Constitutional Rights against unlawful search and seizure. The lower court agreed to suppress the evidence.
The law allows for exceptions that may apply where blood test may be conducted without a warrant and in absence of consent, such as in the case of an emergency, or to avoid destruction of evidence. However, the lower court did not feel any exceptions applied. The trial court recognized that the suspect’s BAC was dissipating, but that no other factor existed to suggest that the blood needed to be taken without consent or warrant due to emergency circumstances, also known as exigent circumstances.
After the Missouri Supreme Court sided with the lower court to suppress the evidence, the State appealed to the U.S. Supreme Court. The high court recognized that the process of human metabolism of alcohol in the bloodstream that results in ensuing loss of evidence is always a factor that must be considered when deciding if a warrant is required. But that each case should be decided on its own merits, otherwise every blood test case would be felt to fall within exigent circumstances.
The U.S. Supreme Court was also of the opinion that resources such as a State’s “Implied Consent” Laws, and other non-invasive forms of DUI investigative tools were readily available in states for police that allowed police to non-invasively investigate impaired driving and assist with identification of other circumstances that may be considered exigent factors.
Impact of the US Supreme Court Ruling in Arizona and Implied Consent
The ruling will not likely impact current Arizona Laws that exist now. In Arizona, the police require a warrant to proceed with a blood test, unless the suspect otherwise consents to the blood test. However, under the Arizona Implied Consent laws Law of A.R.S. 28 – 1321, any motorist driving in the state is considered to inherently provide consent at the request of the police to conduct a DUI breath or blood test as a part of the DUI investigation. If they refuse, whether they are impaired or not, they will be subject to an automatic suspension of their driving privileges. In addition, they may be arrested for suspicion of DUI and taken into custody, until a blood test warrant is received from a judge on call in that jurisdiction. Implied Consent laws are intended to penalize drivers who refuse to cooperate in the investigation. The same exceptions to the warrant apply in Arizona, to arrest warrants in absence of consent including exigency circumstances, or imminent threat of destruction of evidence.
The ruling however, does enforce the fact that any driver who refuses a blood test, cannot automatically be forced to submit to one without a warrant simply because of the body’s ability to reduce BAC levels over time. This natural function is not to be considered an emergency with no other factors involved. This lends strength and further enforcement of the 4th Amendment Rights under the US Constitution as well as Arizona Constitution.
DUI Defense Attorney Tempe AZ
If you have been arrested for any DUI in Tempe, you should always consult an experienced DUI attorney before pleading guilty. You have the right to defend your charges, and retain a qualified criminal defense attorney to represent you. If retained, they will defend your charges, and protect your rights. If your constitutional rights were violated, it may lead to suppression of evidence or dismissal of charges. There may be other defenses that apply to your case that could lead to a favorable resolution. The most effective way to defend your charges is to make sure you are legally represented by an experienced and qualified criminal defense attorney who frequently defends charges in the court for which you are required to appear.
Additional Resources
Police may soon be able to conduct roadside testing for impaired driving due to Marijuana and numerous other drugs.
Currently, drug and Marijuana DUI can only be detected in a driver’s blood stream through chemical testing such as DUI blood or urine tests. These methods are intrusive, and sometimes take weeks for the results to be processed.
The new hand-held drug DUI detection device was designed by scientists in Sweden and known as “SensAbues”. It works much like an alcohol breath test which requires the subject to breath into a mouthpiece to enable the filtration and entrapment of certain particles to be examined by police.
The device is said to provide instant results by analyzing a person’s breath samples. The methods used involve chromatography-mass spectrometry. The process isolates and detects specific chemicals and compounds that exist in a person’s airway, that are captured during exhalation of breathing. These bioaerosol particles are then collected and analyzed through a uniquely designed filtration method, to reveal compounds, metabolites or specific drugs found in a subject’s bodily system.
It was reported that the device can detect Marijuana, Cocaine, Valium, Heroin, Morphine, and a host of other drugs.
Critics of the new technology report that in at least one study 23 percent of the samples tested were incorrect, in that they revealed the existence of drugs that in fact, had not been used by the subject.
Other controversial results included those specified drugs were found in a person’s blood stream over 24 hours since the subject had taken them.
Despite the skepticism, the inventors and manufactures of the product claim that the device produces results that are legally defensible.
It may take some time and more studies before we see our local police and law enforcement agencies using this new technology for detection of drug DUI. But it is clear that Law Enforcement Agencies in Arizona are committed to expanding its DUI detection resources to include all state of the art available to combat and prosecute drug and alcohol impaired drivers.
Drug DUI Defense Attorney Scottsdale AZ
Arizona Criminal Code A.R.S. 28-1381, includes strict language regarding what constitutes a violation of DUI laws. Basically, any type of DUI is a serious criminal charge. In absence of aggravated factors, a DUI is categorized as a Class 1 Misdemeanor, which is the most serious of Misdemeanor crimes. DUI convictions carry many of the same harsh penalties as alcohol DUI convictions, which include jail terms; suspension of driving privileges; fines, fees, assessments; alcohol or substance abuse counseling, and other penalties.
If you were arrested for DUI in Scottsdale, whether you were in fact driving impaired or not, you have the right to defend your charges. The most effective way to defend your charges is to retain a qualified criminal defense attorney, experienced at defending drug or alcohol related impaired driving charges. They will evaluate your case to determine if your constitutional rights were violated; if the evidence against you is flawed or weak; or if any other defenses apply may be utilized that can lead to a favorable resolution of your case.
Additional Resources
In 2012, Tempe Police made 2,479 arrests or issued citations for illegal consumption by minors. The legal drinking age in Arizona is 21.
Students make a large portion of the Tempe population. Spring semester brings with it graduations, celebrations, prom, sporting events and other festivities. The ASU and Tempe Police brace themselves and prepare diligently to arrest offenders for violations of curfew, fake IDs, minor consumption, disorderly conduct, and other crimes that often surround festivities.
But other charges such as DUI, Underage 21 DUI, assault, and aggravated assault charges also surround parties, and other spring-time festivities. These are more serious crimes, and severe penalties, including jail or even prison terms, large fines, fees, probation, loss of driver’s license, and more, especially when they are classified as felonies.
A majority of the offenses, however, usually involve fake IDs, minor consumption of alcohol or illegal drugs. Criminal offense arrests or citations do not have to ruin your life. You may have options for defense or diversion programs that could result in dismissal of the charges so they do not result in a criminal conviction, or appear on your record.
Minor Consumption is a Class 2 Misdemeanor in Arizona. Penalty for convictions can result in Court Appearances, Jail, Fines, Fees, and treatment programs. Other consequences for Underage Consumption potentially include a denial of school admissions, participation in athletics, adverse impacts on residency and more.
The City of Tempe offers both a Youth Diversion Program and a Minor in Possession Program. The Tempe Youth Diversion Program is an option for youths who are arrested or charged with curfew, or minor consumption or alcohol violations. If a youth qualifies and completes the program successfully it will result in dismissal of the criminal charges. The Diversion Program requires the participation in a four hour education program.
Tempe also has a “Minor in Possession Program” or MIP is another diversion program, for qualified offenders between the ages of 18 and 20 charged with possession or consumption of spirituous liquor or, controlled or dangerous drugs. It is available for qualified offenders with no prior criminal convictions in any city, state, county or jurisdiction. It requires completion of an 8-hour substance abuse educational program.
Maricopa County Minor in Possession Lawyer
Keep in mind that youth, students, or minors much qualify for diversion programs not everyone who is charged is entitled to participate. You should always consult a qualified criminal defense attorney, if you have been cited with any DUI or criminal charge whether you are a youth or adult. They will provide you with defense options and help you qualify for a diversion program if you are eligible.
If you have been charged with a more serious offense it is critical that you consult a criminal attorney to discuss your defense options. If retained, an experienced and qualified attorney will protect your rights and defend your charges.
Additional Resources
The Arizona Supreme Court has been asked to review a Marijuana DUI Appellate Court ruling, recognized nationally an unconstitutional, and unfair interpretation of the law.
A recent Appellate Court in Arizona ruled that a person may be prosecuted if a drug such as Marijuana is found in their system, even if the metabolite found in their system was an inactive, or trace ingredient resulting from a drug or Marijuana used weeks prior to driving.
In this case the defendant was arrested, with no evidence of driving impairment. However, blood results revealed an inactive ingredient known as Carboxy-THC, a trace compound resulting from Marijuana that may remain in a person’s bloodstream weeks after use of Marijuana.
The argument is not whether or not Carboxy-THC does not result in driving impairment. Scientific studies conclude it is not an active ingredient. The active ingredient in Marijuana, which is Tetrahydrocannabinol or THC, which has been successfully argued to cause impairment, was not found in the driver’s bloodstream.
The argument is whether or not an inactive ingredient that does not cause impairment falls within the meaning of metabolite, and can be used to prosecute an unimpaired driver.
Before determining whether or not to hear the case, the Arizona Supreme Court will review additional legal briefs on the issue.
Arizona Drug DUI Laws:
Under A.R.S. 28-1381 it is unlawful for a person to drive or be in actual physical control of a vehicle while:
- under the influence of spirituous liquor, any intoxicating drug, vapor releasing or toxic substance or combination thereof, if the driver is impaired to the slightest degree; and/or
- a driver has an Blood Alcohol Concentration (BAC) of 0.08 percent or greater within two hours of driving or being in actual physical control of the vehicle as a result of alcohol consumed before or while driving or being in actual physical control; and/or
- There is any drug defined in A.R.S. 13-3401 of Arizona Criminal Code, or the metabolite of any drug defined, found in the person’s body.
In other words, as the law applies to Drug DUI, this means that a person may be arrested for drug DUI if they are “impaired to the slightest”, by a drug itself or in combination of alcohol; or they are driving with a drug defined by law in their bodily system. Drugs defined under the law include legal or illegal drugs; prescription drugs; over-the counter drugs; vapor releasing, toxic or sedating substances.
Drug DUI Classification and Penalties
Persons over the age of 21, arrested for drug DUI offenses will be charged with a Class 1 Misdemeanor, in absence of aggravated factors. Penalties are the same or similar to those for spirituous liquor related DUI charges. They include a minimum of 10 days jail; court ordered substance abuse education, screening, or counseling; fines, fees, assessments; probation; suspension of driver’s license; and other court ordered penalties.
Mesa AZ Drug DUI Defense Firm
The drug DUI laws in Arizona are very comprehensive and strict, with consequences that can jeopardize a person’s freedom and future. If you face a DUI of any kind, you should always consult an experienced and qualified criminal defense attorney. There may be defenses you are not aware of that could lead to dismissal of charges, or other favorable outcome in your case. The best way to assure that your rights will be protected; that you will be treated fairly; and to defend your charges is to retain the services of a private practice criminal defense firm for legal representation.
Additional Resources
Some studies show that an estimated 15 to 33 percent of fatal crashes may involve drowsy driving.
In a recent survey reported by the National Centers for Disease Control (CDC) and the Institute of Medicine on average, an alarming 5% of respondents reported falling asleep at the wheel, 30 days prior to the survey.
Drowsy Driving is often mistaken for alcohol or drug related DUI resulting in arrest. This is due to the fact that signs of alcohol or drug impaired driving, and drowsy driving share similar characteristics. These signs include but are not limited to slower reaction time; reduced attentiveness behind the wheel; and impaired decision making skills. All of these can lead to serious and fatal accidents or mistaken alcohol or drug impairments.
Among other reasons, drivers at risk of drowsiness while driving include those who use prescription or over-the-counter medications that cause sedation.
Arizona DUI laws are very strict and harsh. A person may be arrested for DUI if they are driving impaired to the slightest degree due to alcohol or drugs. However, a person found with trace compounds of marijuana or other drugs in their system are also at risk of being prosecuted for DUI even if they are not impaired, because of the language in the Arizona DUI laws.
Under A.R.S. 28-1381 a motorist can be prosecuted for DUI if they are found to have been driving or in actual physical control of a vehicle, under the following circumstances:
- While under the influence of intoxicating liquor, drugs, vapors, toxic substances or in any combination; and the driver is found to be impaired to the slightest degree;
- If the driver has a blood alcohol concentration (BAC) of 0.08 percent or greater within two hours of driving or being in actual physical control of the vehicle, and the BAC results from alcohol they consumed either before or while driving or being in actual physical control of the vehicle;
- While any drug defined in A.R.S. 13-3401 or its metabolite is found in the person’s body.
This law may apply to drowsy driving if it is caused by alcohol or drugs and the driver is impaired to the slightest degree. But it can also apply to a drowsy drivers found to have drugs defined under Arizona law in their bodily systems, whether or not they are found to be impaired or not. For example, a driver suspected of DUI may pass a Standard Field Sobriety Test conducted by a police officer. But if they were investigated for DUI with probable cause, and found to have Marijuana or other drugs in their system, the person may still be arrested and prosecuted for DUI.
Both alcohol and drug related DUI convictions call for minimums of 10 days jail terms; 90 suspension of driver’s licenses; substance or alcohol abuse screening, counseling or treatment; use of an Ignition Interlock Device on their vehicle; probation; fines, fees, costs, and restitution if applicable. Other civil and criminal penalties may apply.
Impaired Driving Defense Lawyer in Tempe, AZ
Even though a person is arrested in Tempe AZ for DUI, by law they are entitled to defend their charges. The most effective defense is provided by a qualified and experienced criminal defense and DUI attorney. Even if a person’s blood test reveals alcohol or drugs in their system, defenses may apply to their charges. The defendant’s chances of getting any type of favorable outcome in their case will increase with retention of a DUI defense lawyer who can protect their rights and defend the DUI charges.
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Arizona is known for having some of the toughest laws and harshest penalties in the country. Most DUI convictions call for jail terms, and in some cases prison. If you plant to visit, reside, or drive through Arizona, you should be familiar with these laws.
Driving under the Influence A.R.S 28-1381: In Arizona it is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of drugs or intoxicating liquor, while:
- They are under the influence of intoxicating liquor, any drug, or substance if impaired to the slightest degree;
- There is any drug defined in Section 13-3401 or its metabolite in the person’s body.
- Their Blood Alcohol Concentration (BAC) is 0.08 or higher within two hours of driving or being in actual physical control of the vehicle;
In sum, a driver does need a BAC over the legal limit of 0.08 percent to get a DUI. If they have had only one or two drinks, but are found to be impaired to the slightest degree, they may still be prosecuted for DUI charges.
Marijuana DUI Laws A.R.S 28-1381 A (3): A motorist may be guilty of Marijuana DUI if they are found to be driving or in actual physical control of a vehicle while “There is any drug defined in Section 13-3401 or its metabolite in the person’s body.
A recent Court of Appeal ruled that a motorist may be prosecuted of either active ingredients or inactive trace compounds are found in a person’s system. The active compound in Marijuana is THC. The inactive trace compound is “Carboxy-THC”, which is non-impairing. In previous court rulings, a person was prosecuted only if they were impaired to the slightest degree. But the impact of the recent Court of Appeals ruling allows prosecution even if the only compound revealed in the person’s system did not cause a driving impairment.
Penalties for Marijuana DUI charges are the same or similar to those for conviction of drunk driving or driving under the influence of intoxicating liquor, or impairing drugs.
Driving under the Extreme Influence A.R.S 28-1382: In Arizona a person may be charged with Extreme DUI or Super Extreme DUI if their Blood Alcohol Concentration (BAC) is found to be:
- 0.15 percent or more, but less than 0.20 percent = Extreme DUI Charges;
- 0.20 percent or more = Super Extreme DUI Charges.
Violations for Driving under the Influence in absences of *Aggravated Factors, are classified as a Class 1 Misdemeanor. Class one Misdemeanors expose a person to 30 day jail terms; suspension or revocation of driver’s license; probation; substance abuse screening, education or counseling, and use of Ignition Interlock device for a minimum of 6 months for up to 2 years. Other sentencing may apply. The higher the BAC surrounding the DUI conviction, the longer the jail terms will be, and more harsh the penalties.
Underage 21 Drinking A.R.S – 244: Persons under the age of age 21 are prohibited from consuming, or possessing spirituous liquor.
Underage 21 Drinking and Driving A.R.S. 13 –244 (34 & 35): In Arizona it is unlawful for any person under age 21 to drive, or be in physical control of a motor vehicle while they are under the influence of any amount of liquor.
Aggravated Driving Under the Influence A.R.S 28-1383:An *Aggravated DUI is one that has been elevated to Felony charges. A DUI will be classified as a felony if any of the following aggravated factors surround their DUI charges:
- The person violates any DUI law while the person’s driver license is suspended, revoked, or refused; This will be charged as a Class 4 felony;
- Third DUI within 7 years or 84 months and has two prior convictions; This will be charged as a Class 4 felony;
- The person driving under the influence of drugs or alcohol had a person under 15 years of age is in the vehicle, at the time. This is charged as a Class 6 felony;
Felony DUI charges in Arizona expose a person to 10 days to 4 months in prison; 8 months in prison for subsequent DUI charges after 3; to $4,000.00 in fines, fees, and assessments; revocation of driver’s license for up to 3 years; use of Ignition Interlock Device (IID) for up to 2 years; substance abuse education, screening, counseling, and probation or community service; possible forfeiture of vehicle, and a felony criminal record. Other penalties may apply.
Criminal Defense Attorney for Scottsdale DUI Arrest
If you face Scottsdale DUI charges, you should consult an experienced DUI attorney as soon possible to discuss your options for defense. There may be defenses you are not aware of that could lead to a dismissal or acquittal of your case, or other favorable outcome. If retained, a qualified criminal defense attorney will protect your rights and defend your charges. Most criminal attorneys who represent clients for Scottsdale DUI charges provide free consultations either by phone or in person.
Additional Resources
An Arizona Legislator introduced HB2574 last month, intending to protect 4th Amendment Constitutional Rights from unreasonable searches.
Passing of this Bill would have outlawed police drone use to collect evidence in criminal offenses. Arizona is one of at least 24 states considering passage of bills designed to address constitutionality of evidence obtained by police surveillance drones. Most of the legislation focuses on respecting a person’s privacy and constitutional rights by requiring police to obtain a lawful warrant before collecting information on a suspect.
But after the bill was met with heavy opposition by Law Enforcement Agencies, the bill was disbanded last week. In the alternative, the committee will review privacy and constitutional issues; economic factors; new technology; and business and government interests related to drone use.
Proponents of the bill argued that there is value to drone use for civil service, search and rescue efforts, but felt that there were no protections from unreasonable search for criminal prosecution purposes; and did not want Arizona to be perceived as a police state.
However, drone industry trade groups hold that many of the bills similar to the one introduced in Arizona, are fueled by misperceptions of invasions and privacy rights. They claim current laws in place are adequate to protect privacy. Many are of the opinion that technology may have advanced faster than laws to address U.S. domestic citizen’s privacy rights related to evidence collected in drone surveillance.
Any person arrested due to evidence obtained unconstitutionally in Arizona may potentially have a defense of constitutional violations. If a suspect’s 4th Amendment Rights from unlawful search and seizure were violated, their criminal defense attorney will have an argument to challenge use of the evidence against the defendant, as unlawfully obtained. If the evidence is found to have been collected constitutionally, it will be suppressed, and the prosecution will be unable to use that evidence against the defendant. Depending on the circumstances, any evidence obtained after a person’s rights have been violated may also be suppressed. Such challenges, if successful, often lead to dismissal of charges, since material evidence cannot be used for prosecution.
Criminal Defense Firm for Arrests in Chandler, AZ
Arizona DUI laws and penalties are some of the most strict and harsh in the country. If you face any criminal charges in Chandler, you should always consult a criminal attorney to discuss your matter. In addition to constitutional violations, there may be other defenses that you are not aware of that can be used to challenge your charges. The most effective way to challenge evidence for suppression in criminal charges, and defend your case is to retain a qualified criminal defense attorney.
Additional Resources
The question before the US Supreme Court is “When is a DNA search lawful?”
US Supreme Court Justice Alito called it “Perhaps the most important criminal procedure case that this Court has heard in decades.”
The state argued that DNA testing at the time of arrest would help solve cold cases and serious violent crimes. In response, one Justice Scalia pointed out that the fact that a DNA test may be useful does not make it constitutional.
The US Supreme Court Justices recognized significant differences in privacy and sensitivity of one’s DNA over their fingerprints.
Other concerns included the potential for the DNA results to be used against a suspect to deny bail, lead to a total genetic work-up to evaluate their potential to commit a crime, and a denial of other civil rights such as the right to health insurance based on inherited traits.
Most states have laws related to when DNA searches can be conducted. A favorable verdict for the state, could result in the rewriting of laws in at least 29 states. It would allow for DNA testing of suspects following an arrest, rather than a conviction, with little or no restrictions.
Some states for example, Arizona, allow for DNA testing incidental to arrest for certain specified crimes under A.R.S. 13-610, such as arrests for violent, and dangerous felony offenses against a victim, not yet convicted.
Currently in Arizona under A.R.S. 13-610, DNA may be collected from a suspect if they were arrested for violent and dangerous felony offenses against a victim, as specified by law, under the conditions of arrest, even if they were not yet convicted or incarcerated in prison.
Any DNA searches conducted by law enforcement officials in Arizona in cases not specified by the law, not those convicted of crimes or imprisoned, are unconstitutional. A favorable ruling by the US Supreme Court on behalf of the state could have an impact on Arizona’s current laws.
If a Judge rules that a “search and seizure” was unlawful and violated the defendant’s Constitutional Rights, evidence obtained by the unlawful search, may be suppressed.
Suppression of the State Prosecution’s material evidence against a defendant often leads to a dismissal of charges.
Tempe Criminal Defense Attorney
If you have been arrested for any crime, you should always consult an experienced criminal defense attorney. There may be defenses you are not aware of that may be used to combat your charges, especially if your constitutional rights were violated as in the case of unlawful searches and seizures. If retained, your attorney will defend your charges, and protect your rights. If your rights were violated, an experienced defense attorney will move to suppress any evidence obtained in the unlawful search.
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