Arizona DUI & Criminal Defense Attorney Blog
To obtain a copy of your DUI or criminal incident police report you can mail your request to the following address:
Chandler Police Records
PO Box 4008, MS 303
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Defenses Commonly Used for Drug or Medication DUI Charges
Arizona Drug DUI – Medication DUI Charges
In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. Under this law, a driver can be arrest for DUI even if they have not consumed any alcoholic beverage. If convicted, a person will be exposed to the same or similar penalties as those that apply to drunk driving convictions. Even the simple presence of a drug in your system is enough for the Gilbert Police to charge you, if they have probable cause to believe you were driving “impaired to the slightest degree”. Drug DUI offenses charged as Class 1 Misdemeanors. A conviction carries penalties that include 10 days in jail; suspension of driver’s license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.
Drug DUI Defenses Arizona
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Defenses and How to Preserve Your Rights after a DUI Arrest
“If you were arrested for DUI, you should become familiar with your rights, so you can preserve your defense options.”
An arrest is not a “guilty” verdict or conviction. It is an accusation of criminal charges, and the first stage of the criminal justice process. You have a constitutional right to defend the charges against you, and you should always invoke it. Your rights may be invoked following an arrest as follows:
- Advise the arresting officer that you with to invoke your right to remain silent following your arrest, until your attorney can be present; If you simply remain silent, you will appear uncooperative, so you must either do so verbally or in writing;
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Why Portable Breath Test Results Cannot be Admitted as Evidence to Prosecute DUI Charges
Portable Breath Test Unit
A Portable Breath Test (PBT) Unit is a hand-held mobile device, used by police in Arizona DUI field stops. The PBT is a preliminary DUI breath test tool used to test a person’s Blood Alcohol Content or BAC. The purpose of the PBT is simply to distinguish if a driver is under the influence of alcohol or drugs. It an early screening and detection tool only. If used to obtain a reading, it must be followed up with use of a formal breathalyzer test for alcohol, or chemical tests for drug impairment determination. Arizona prohibits use of a PBT as admissible evidence in court.
Why PBTs are not Admissible in Scottsdale AZ Courts
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Court Jurisdiction: What It Is and Why It is Important to Your Defense
Jurisdiction as it relates to criminal charges is a certain Court’s authority to hear specific types of cases. It involves both geographic elements as well as legal authority afforded by the State, County and Federal laws. Felonies and Misdemeanors have are heard in different courts. Generally, the city, county and state where a person is arrested, or accused of a crime, is the geographic location where the criminal justice court proceedings will begin. Below are some facts and guidelines for Arizona court jurisdiction for felonies and misdemeanors in Maricopa County:
- Felonies are heard in the Arizona Superior Courts. AZ Superior Court is considered only one entity, but they have different locations serving Arizona, and Maricopa County.
- Misdemeanors are heard in the lower courts – Municipal Courts, City courts and Justice Courts in Arizona. The Municipal Court in Mesa is located at:
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How to Host a Safe and Successful Party
With spring just arrived and summer only months away, many of us look forward to the longer days and hours of outdoor entertaining. Whether casual BBQs and picnics or more formal affairs, warm weather celebrations can often include alcohol. As a responsible party host, you might wonder what you can to ensure that your guests do not drive under the influence. Nationally, there are over one million DUI arrests every year, with approximately 30,000 DUIs in Virginia alone. If you find yourself needing legal representation by a Fairfax DUI Lawyer or a Leesburg DUI Lawyer, please contact us .Drivers under the influence of alcohol are often impaired, with slowed reflexes and the related inability to react to other cars and obstacles in the road thus endangering their life, that of their passengers, and others on the road.
To ensure that your guests do hit the road when their driving may be impaired, arrange in advance for some guests to remain sober as designated drivers. Collect car keys from the rest of your guests and don’t return them to anyone who appears intoxicated. Make sure that sober driver volunteers, and other party goers, have plenty of beverage options to choose from besides alcohol. Some good alternatives are soda waters garnished with lemon or lime, soft drinks, non-alcoholic beers, and sparkling ciders. If you’re hiring a bartender or asking a friend to handle the duties, explain that it’s important to you that guests are not over-served. If someone seems past their limit, ask that they not be served any more alcohol. For those choosing to imbibe, moderation is crucial. Finally, arrange for “last call” in advance of the party’s end. Give about an hour of breathing room and alternate beverage choices before guests start heading home. Remember that hot weather can be dehydrating—and alcoholic beverages may hit harder than usual.
Keep in mind that impaired driving and drunk driving may coincide, but aren’t necessarily the same thing. A person is considered to be driving under the influence in Virginia, or drunk, when their blood alcohol content (BAC) is at or above 0.08. However, even with a BAC lower than 0.08 a person’s coordination, judgment, and reflexes can be negatively impacted.
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Weapons Crimes: Prohibited Possession of Firearms in Arizona
Possession of Weapons by a Prohibited User in Tempe AZ
Under A.R.S. § 13-3102. 4. 5.
A person may be guilty of misconduct involving weapons if they knowingly:
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What the Location of the Criminal Court You Are Required to Appear at Can Tell You About Your Charges
If you were arrested for DUI or charged with a crime, you should have a complaint or citation. This document will provide information about the location and name of the court that you are required to appear. This is hearing is called an “Arraignment”. All misdemeanors are heard in the lower courts which are City or Justice courts, in the municipality where you were cited or arrested.
If you are required to appear in Tempe Municipal Court, for a misdemeanor or preliminary hearing for a felony for DUI or criminal charges. Below is the location and telephone number for that criminal court:
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How to Preserve Your Rights After a DUI in Chandler, AZ
An arrest is not a conviction. You should always invoke your right legal representation for your charges. Here are a few of your initial rights following an arrest in Chandler, you should preserve in your defense:
- Advise the arresting officer that you with to invoke your right to remain silent following your arrest, if you are questioned or interrogated about the criminal charges, until your attorney is present;
- Plead “Not Guilty”. It is best to allow your attorney to enter this plea for you;
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Scottsdale DUI Survival Guide
The first 24-48 hours of your arrest are crucial with regarding to your criminal defense. Many people arrested for DUI feel polarized and overwhelmed by the events. Below are proactive steps you can take which will enable you to regain control of the situation, your future and freedom. They will also increase your chances of getting a good outcome in your case.
10 Things to do after a Scottsdale DUI Arrest
In order to reduce the adverse impacts of your DUI, and increase the chance of getting favorable resolutions to your case, here are some things you should do: