Articles Tagged with DUI

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How to preserving your rights after arrest: To know them is to protect them.

The most important thing you need do is to preserve your rights after a DUI arrest in Mesa. By doing this you will protect your rights to defend your charges. Failure to preserve your rights, may waive or limit otherwise viable defenses. Here are some tips to protecting yourself from waiving defenses, or to limit the strength of the prosecution’s case against you.

  • Never resist arrest –At the point police decide to make an arrest, you must cooperate. Limit any discussion. Do not argue. That will only lead to additional more serious charges. Resisting arrest may also compel the police to use force, which will result in physical harm to you.
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Tempe Police are warning students returning to ASU to be cognizant of drunk drivers; thefts; and assaults. DUI, drug charges, and thefts, pose the largest threat to victims, and the most criminal arrests to those who are new to the school or unfamiliar with their surroundings and Arizona Laws. Here are a few safety tips that police and criminal defense attorneys want students or those new to the valley to know:

  • DUI safety checkpoints will be planned for Tempe AZ;
  • Driving while “impaired to the slightest degree” due to alcohol or drugs will result in arrest;
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Why You Need Legal Representation in Chandler City Court

If you were arrested for a DUI in Chandler or other criminal charges, you are most likely required to appear in Chandler Municipal Court. It is never a good idea to go to criminal court without proper legal representation.

Currently all Arizona DUI convictions call for jail sentencing use of interlock device; license suspension; alcohol and drug counseling or treatment; probation; fines, assessments, and other penalties. You should always retain legal counsel, to represent you. They will protect your rights, and defend your charges. The prosecutors are not to help you, make sure you are treated fairly, or get a less harsh sentencing. Even if they know their evidence or case is weak, it is not their job to point it out to you. The judge is there to hear arguments and motions from both sides, not to be your legal advocate.

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“Never underestimate the power of an effective pre-trial motion.”

Pre-trial Motions Defined

Rule 16 of the Arizona Rules of Criminal Procedure governs Pre-trial motion practices for both the prosecution and defense in DUI or criminal case. They take place following the defendant’s arraignment and prior to trial, and set limits or boundaries for trial. After a pre-trial motion has been filed, a short hearing will be held with the Judge, prosecutor, and defense attorney. The court will allow both sides to argue their position, and then the judge will rule on it (grant or deny). Trial may not commence until the issue (s) raised in the pre-trial motion are resolved.

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Motions to Dismiss

Under Arizona Rules of Procedure, which govern criminal cases, your defense attorney may be able to file a motion your DUI or criminal charges based on facts surrounding your case. In order for the presiding judge to grant a dismissal, the request must be make in writing, it must be justified and supported by Arizona law, legal case citation, or specified constitutional right.

Types of Motions that may lead to dismissal of Chandler DUI charges

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Standard Field Sobriety Test v. Field Sobriety Test

Field Sobriety Tests in Arizona are a battery of preliminary roadside test that police use to screen impaired drivers. The National Highway Traffic Safety Administration (NHTSA) has only three approved  roadside tests referred to as Standard Field Sobriety Tests (SFST)s which are sponsored and developed to assist police offers in early detection of DUI and DWI suspects. Police officers must be formally trained and accredited to administer the tests. The three standardized tests are:

  1. The Horizontal Gaze Nystagmus (HGN)
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Tempe AZ Driver’s License Revocation

If your Tempe driver’s license was revoked it means your Arizona driving privileges have been withdrawn indefinitely. Driver’s license revocation usually results from serious DUI or criminal convictions that involved driving a vehicle. For many people, license revocation is more than just an inconvenience. It can be devastating for them and their families. This article provides insight into what types of Tempe DUI or criminal charges have the potential to result in driver’s license revocation in Arizona, and how you can get it reinstated.

Criminal Convictions that Result in Revocation of Driver’s License

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Arizona Public Records Release Law

Under Arizona’s Freedom of Information Laws pursuant to A.R.S. § 39 – 121 is entitled to request their DUI police incident report. Your report is required to be released to you  when it is available and upon receipt of the required fee by the police department

How to request a copy of your DUI incident report

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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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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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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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