James E. Novak
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In Arizona, a motorist can be arrested for DUI even if their blood alcohol content is below the legal limit of 0.08 percent or if they have had no spirituous liquor at all. Any DUI in Arizona is a criminal offense and subject to serious penalties including jail time, and suspension or loss of driver’s license. A conviction carries criminal and civil charges. Any DUI conviction in Arizona can potentially result in adverse collateral consequences for a person, including loss of their job, driving privileges, residency, and other freedoms they had prior to being convicted of a DUI.

Under Arizona Law A.R.S. 28 – 1381 it is unlawful to drive or be in actual physical control of a vehicle, if a person is “impaired to the slightest degree” due to any drugs, alcohol, or combination, thereof. This year, Drug DUI charges constituted 14 percent of the total annual impaired driving arrests. Arizona officials reported that many of those were the result of driving impairments caused by prescription drugs.

This law applies to any toxic drug and includes “prescription-only drugs”, as well as over-the- counter drugs, illegal drugs, narcotics, Medical Marijuana or dangerous drugs.

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Elements of a Valid Search Warrant

Under Arizona Laws, Constitution; and the Fourth Amendment of the United States Constitution, a person has protection from unreasonable search and seizures of themselves or their property.

In order for the warrant to be valid the following elements must exist:

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Tempe Crime News

Tempe Police Officers recently used new technology to arrest robbery suspect.

Witnesses of an armed robbery reported seeing vehicle and driver fleeing from the crime. They described the vehicle and license plates to police following the incident. Police were unable to find or detain the suspect immediately.

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Domestic Violence Charges

Many victims of a Domestic Violence are unjustly arrested. This happens when, a domestic dispute takes place, and a victim calls #911 for police: When police arrive, the aggressor denies everything, and claims the victim was the aggressor, or provoked the argument. The victim is then arrested. If convicted, penalties are severe, and call for jail terms, fines, fees, anger management counseling and treatment, probation, and other penalties. Consequently the victim is victimized twice.

Often if police are unsure of the facts; who is telling the truth; and there were no eye witnesses, they will arrest the victim as well as the domestic aggressor. It is not uncommon for them to arrest the innocent party. The victim is left wondering why they ever called police in the first place. This happens because police feel pressured into making arrests, less they may be liable for death or serious injury resulting from disputes.

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False Arrests: One reason you should know the law and your rights

Unjustified DUI Arrests

“I told her…‘You’re making the biggest mistake of your life. I haven’t had nothing (anything) to drink”, said a suspect arrested by a former Utah State Trooper.

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Any assault against police, by word or conduct, is a felony in Arizona

Aggravated (Felony) Assaults of a police officer is serious in Arizona. Depending on the circumstances, classifications may range from Class 6 felonies, up to Class 2 felonies. The only offenses more serious than Class 2 felonies are reserved for the most serious Class 1 felony crimes, such as homicide.

Felony Assault of Peace Officer Laws

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Invoking rights for a DUI: “Due process” begins at the police stop, not the court Room

What is “Due Process?  It is the duty of the Courts, State of Arizona, and the Government to respect a person’s rights, rules and principles afforded under the Constitutions and Bill of Rights. Despite Due processes of law, we often see injustices in criminal processing. For this reason, it is wise to become familiar with your rights; invoke them, and retain a good legal advocate to make sure they are enforced.

The right of “Due Process” is found under the Fifth and Fourteenth Amendment of the US Constitution is the right of a defendant to obtain exculpatory evidence. This is material evidence that is in favor of the defendant; that could lead to a suppression of evidence or a dismissal of criminal charges. These disclosure obligations of “Due process of law” is afforded in the Arizona Constitution, Article 6 Judicial; Section 4.

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How Arizona is Utilizing DUI Statistics to Combat Impaired Driving

Arizona DUI Arrest Statistics

On December 27, 2012 the Arizona Governor’s Office of Highway Safety (GOHS) released Statewide DUI enforcement statistics.

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Grant will help expedite the resolution of Drug DUI charges

The Prosecution of the City of Mesa was awarded a Drug DUI enforcement grant of $6,787. The money is earmarked for crime lab expenses. It will allow the crime lab to stay opened an additional, 240 hours per year. The purpose of the expanded operating time is to dedicate it solely for the purpose of processing Mesa Drug DUI evidence. It is expected to increase drug DUI case processing to an average of 210 cases, and expedite the resolution of charges.

AZ Drug DUI Laws

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Adverse consequences of Felony DUI convictions are far reaching, and can last a lifetime.

In Arizona a person convicted of a third or subsequent DUI within 7 years or 84 months will be found guilty of Aggravated DUI, Class 4 Felony charges.  Felony DUI convictions are very serious and will result in harsh sentencing including at least 4 months in State Prison.

A first offense DUI is generally charged as a Class 1 Misdemeanor, which calls for jail terms, but not prison.  There are several aggravating factors under Arizona law that can elevate a Misdemeanor DUI to an Aggravated DUI.  One of those factors is to be found guilty of a third DUI within in 84 months.

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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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