Articles Posted in Phoenix DUI Defense

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Have you been stopped by a police officer and charged with a DUI? Are you looking to contest the test results that the State wants to use against you? In Arizona, there are several options for challenging DUI test results; depending on your set of circumstances, each strategy has a different likelihood of success. To learn more or to see which method(s) would work for you, contact a Phoenix DUI attorney as soon as possible to discuss next steps in your case.

What is the Difference Between Each Test?

A breathalyzer is a device that officers use to track your blood alcohol content (BAC) based on each breath you take. A blood test, similarly, can detect a person’s BAC. The blood test can find alcohol in a person’s blood for up to 12 hours after drinking. A field sobriety test occurs when a police officer asks an individual to complete physical and mental tasks to determine if the person is intoxicated (i.e., standing on one leg, walking and turning).

Method 1: Challenge the Testing Procedure

The first method you might be able to use to challenge the results of a breath, blood, or field sobriety test is challenging the actual testing procedure. Officers do not always follow the correct testing procedures when stopping individuals for a breath, blood, or field sobriety test. It might be the case, for example, that the officer’s testing kit had expired, that your blood sample was not labeled correctly, or that the officer failed to use the precise proportion of chemicals when compiling the test.

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In an October 2023 criminal case on appeal in Arizona, the defendant took issue with the trial court’s decision about how long he should be incarcerated after a jury found him guilty of aggravated DUI. Originally, the defendant was charged with aggravated DUI while he was on probation for two other convictions. Once he was found guilty, the trial court took both of his convictions into consideration when deciding his sentence. The defendant appealed this decision, but the higher court ultimately affirmed the lower court’s ruling.

Facts of the Case

According to the opinion, the defendant was driving in December 2019 when officers pulled him over driving under the influence. The State charged the defendant with aggravated DUI and asked the trial court to revoke the defendant’s probation from both a 2010 felony DUI conviction and a 2013 misdemeanor DUI conviction.

The defendant’s case went to trial, and a jury found him guilty after four days of hearing evidence. The court then sentenced the defendant to over seven years in prison. The defendant promptly appealed.

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Arizona DUI Arrest Statistics

In looking back over the last six years of DUI arrest statistics released by the Arizona Governor’s Office on Highway Safety (AGOHS), we see an alarming trend in DUI arrests with Blood Alcohol Content (BAC) at the “Extreme” levels, which is 0.15 percent or higher. In 2008, 2009, 2010, 2011, 2012, and 2013 the average Blood Alcohol Content has been over 0.152 percent. Initial reports released for the first quarter of 2014 are showing relentlessness in this trend. Drinking in excess of the extreme impaired driving laws has evidently become the norm, rather than the exception.

The legal limit for driving under the influence of alcohol in Arizona is 0.08 percent. However, a motorist may still be arrested if they are driving under the influence with a BAC lower than 0.08 percent if they are found to be driving or in actual physical control of a vehicle while “impaired to the slightest degree”.Extreme DUI BAC in Arizona is .015 percent; and Super Extreme BAC is .020 percent or greater.

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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.

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“5 Things to do after a Phoenix DUI arrest to preserve your DUI defenses.”

If you have been arrested for criminal or DUI charges in Phoenix AZ, you must preserve your rights, so that your DUI attorney may use them to defend you. This will allow your criminal attorney to utilize any possible defenses pertaining to your case that could lead to a dismissal.

Here are some important rights to know and things you can do protect them:

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To obtain  a copy of your  police report by contact the local Phoenix Police Department – Mail your request and  required  payment for the police report to the following address:

Phoenix Police Department

Attention: Public Records Detail

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“If there was no “Probable Cause for Arrest”, a good Phoenix criminal defense attorney may be able to get your Phoenix DUI charges dismissed.”

“Probable Cause” for Arrest Standard

“Probable Cause” to arrest is a higher standard than “reasonable suspicion” to stop someone to for DUI or criminal charge investigation. The “Probable Cause” standard is a right that originates from the Fourth Amendment of the United States Constitution. The Fourth Amendment requires that warrants and arrests be supported by “Probable Cause”. In other words, if no “probable cause for arrest” existed, then the arrest was unlawful; an unlawful arrest is a violation of your rights.

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“10 ways good Phoenix DUI Lawyers challenge blood tests results that may lead to a dismissal of your Phoenix DUI charges”

Phoenix DUI Charges

If you were arrested in Phoenix AZ for DUI charges based on blood test results you should contact a lawyer who defends Phoenix DUI charges frequently. There may be defenses that you are not aware of that can lead to a dismissal of your Phoenix DUI charges, if used effectively. Experienced DUI lawyers who defend charges in Phoenix consider the all the circumstances surrounding a specific DUI case when building your defense.

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Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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