Arizona Criminal Defense Attorney Blog
“The fact that you were charged with a Gilbert DUI does not make you guilty”
“An Extreme DUI charge can be reduced or dismissed with a good Gilbert Criminal Defense or DUI Lawyer”
Any Gilbert DUI Attorney you will advise you of how serious a Gilbert DUI can be and how committed Gilbert Prosecution is, in going after Gilbert DUI convictions. Gilbert, Arizona Police Department’s reputation precedes itself for being one of the most aggressive cities in Arizona for DUI arrests and their active search for drunk drivers. A Gilbert AZ Extreme DUI is even more serious with negative impacts that can last a lifetime. Gilbert DUI laws, classifications, and penalties, fall under the rule of Arizona State Laws. A Gilbert DUI charge becomes an “Extreme DUI” if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is measured by a breath alcohol or blood test administered by the Gilbert Police and testing personnel. If your BAC level exceeds 0.20 it is then designated as a “Super Extreme” which brings more severe penalties including longer jail or prison time, along with other severe penalties if convicted. If you have been charged with an extreme DUI in Gilbert, Arizona it is important that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Gilbert on a regular basis in the Gilbert Court.
Gilbert DUI Laws
Arizona Extreme DUI Laws
“Article 3 Driving Under the Influence
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20. {Extreme DUI}
2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)
Gilbert DUI Defense Options (first offense Extreme DUI):
The fact that you were charged with a crime does not make you guilty. A charge is not a conviction. It simply means that at the time of the arrest, the police felt they had “probable cause” do charge you with a Gilbert DUI or Gilbert Extreme DUI. An experienced Gilbert DUI Attorney may be able to challenge that evidence and disprove that cause, along with the use of other defenses. Sometimes all your DUI Attorney needs is one good defense. If you have received a Gilbert AZ extreme DUI here are your options:
A. Plead “guilty”. You could face (for first offense) minimum 30 days jail and up to 6 months; have your vehicle impounded; be required to use an Ignition interlock device on your automobile; have your driver’s license suspended up to 90 days, be required to attend alcohol or drug treatment program; be put on probation; be subject to court ordered fines, fees, or restitution depending on your case. A second DUI or third DUI or more carry devastating punishments including extended jail and prison sentences for convictions.
B. Ignore it. If you fail to appear for your court date on the required time and day scheduled, a warrant for your arrest will be issued by the court.
C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous, and not recommended by most criminal defense or DUI lawyers. The results can lead you to a conviction fast. The prosecution knows the court’s protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.
D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Gilbert Court often. A good AZ criminal defense or DUI lawyer who defends cases frequently in Gilbert will know the system, the judges, the prosecution, protocol and most importantly what defenses can be used to negotiate a DUI charge dismissal, or reduction, and get the best possible outcome in your case.
There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Gilbert DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, “probable cause” police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome in your case. You will not get such benefits or evidence challenged without a good private practice Gilbert, AZ Criminal or DUI attorney. Your chances of getting an Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Gilbert Criminal Defense or DUI Lawyer.
If you have been charged with any Gilbert Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Scottsdale, Gilbert, Chandler, Mesa, Tempe, Phoenix, Arizona , and surrounding areas valley-wide.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.