Recently in Chandler AZ DUI Category

June 26, 2013

Driving under the influence of a legal drug in Arizona is not solely a defense for DUI.

1421532_pills_drugs.jpgLast year, the Arizona Department of Public Safety revealed that prescription drugs were increasingly being found in the blood and urine tests of individuals who have been pulled over or arrested in Arizona and suspected of DUI. Prescription drug abuse is a common problem all over the United States, but Arizona had the sixth highest prescription drug abuse rate for 2010-2011 of all the states.

Because they are prescribed by a doctor, people often do not realize that misused or abused prescription drugs can be as dangerous as illegal recreational drugs like heroin or cocaine. It is important to be aware, however, that you can be charged in Arizona with driving or being in physical control of a vehicle while on certain prescription drugs, or while a "metabolite" of the drug is in your body. Recent Arizona case holds that it does not matter whether you are actually impaired by the drug.

Even if you appear to be driving safely, the State can prove your guilt simply by proving that any drug that is listed on the schedule of "dangerous drugs", "narcotic drugs", or "prescription-only drugs" were in your system. Under Arizona Revised Statute 28-1381, there is a narrow safe harbor defense to a "driving on prescription-only drug charge" under A.R.S.28-1381 D: This is the case, if you were using a drug as prescribed by a licensed medical practitioner, including doctors, dentists, podiatrists and osteopaths. That means you can use this defense if you took the amount that was prescribed by a physician, but you may not be able to use it if you took more.

In a prescription drug case last year, the appellate court was asked to explain just what was entailed by this defense. Several issues were in question: Does the burden of proof to show beyond a reasonable doubt that the prescription drug use was not justified--also called a justification defense? Or is it the responsibility of the person accused to mount an affirmative defense in which he must prove that he did not abuse prescription drugs, but used them according to a doctor's directions? Or is the lack of a prescription or use of the drug against what a prescription says a key element of the crime? If it is a key element of the crime, it is something the State must prove in order to secure a guilty verdict.

The defendant was initially charged in municipal court for driving with Methadone, Klonopin and Ritalin (prescription-only drugs) in his body. The latter of these two are drugs that are commonly taken daily in order to treat psychiatric conditions like ADD and anxiety. Like illegal recreational drugs, however, these common prescription drugs can have powerful effects on one's attention span, motor skills and focus. Klonopin is sometimes even taken to treat insomnia.

Fannin challenges the superior court's holding that A.R.S. § 28-1381(D) creates an affirmative defense requiring him to prove by a preponderance of the evidence that he was using the drug as prescribed by a medical practitioner.

The municipal court ruled that the defendant had to make an initial showing that provided by a preponderance of the evidence that he was taking the drugs as prescrbed by a medical practitioner under the law. If successful, only then would the burden of proof shift to the State to show "beyond a reasonable doubt" that he was not. The State filed a special action petition with the superior court challenging the municipal court's ruling. The superior court agreed with the State that the defendant was raising an affirmative defense, which attempts to excuse a defendant of the criminal action, for which they would otherwise be held accountable. By doing this, it places the burden of proof on the defendant.

The defendant appealed, asking the appellate court to answer the question of what kind of defense the safe harbor for prescription drugs was. The appellate court reasoned that the defense here was an exception to the general rule that it is a crime to drive with prescription-only drugs in one's system. But the court established that A.R.S. 28 - 1381 (D) was in fact an Affirmative Defense. But the defendant failed to mount an Affirmative Defense. Relief was not granted on that basis.

Continue reading "Prescription Drug DUI - Laws, and Defenses " »

November 6, 2012

Phoenix DUI Lawyer.jpgHow BAC impacts DUI impairments and penalties in Arizona

According to the National Center for Disease Control (CDC) recent studies three categories of people are the most at risk of getting an alcohol or drug related DUI. Those categories include young people; motor cyclists; and repeat DUI offenders:

1) More than one of every three fatal crashes involved a driver's with BACs of 0.08% or greater were between the age of 21 to 24 (34%); The next largest percentage of age groups were the 25 to 44 years of age (28% average);
2) Of all motorcyclist involved in a fatality 28% of them had a BAC of 0.08% or greater. Of those impaired riders killed 44% were between the ages of 40 to 44 years of age;
3) Motorist with BACs of 0.08% or greater involved in fatal accidents were four times likely to have a prior DUI - DWI conviction.


Arizona DUI Legal Limit BAC Laws and Penalties

Arizona has some of the most strict laws and harsh punishments in the country. The higher the BAC level, if the impairment is due to alcohol, the more impaired they become. The more impaired the driver. Arizona recognizes this, and consequently has laws in place that increase the severity of charges and penalties for higher BAC limits.

Under A.R.S. 28 - 1381 the legal limit for Blood Alcohol Content in a person's system is 0.08% or greater. However, under the law, a person may be guilty of DUI even if their BAC is below the legal limit of 0.08%, or even if they had no alcohol in their system. This is called being "impaired to the slightest degree. A person convicted of these charges will be exposed to 10s jail along with other harsh penalties.

Under A.R.S. 28 - 1382 a motorist with a BAC of 0.15% or more, and less than 0.20 is considered to be under the Extreme Influence of alcohol. A person found guilty of these charges will be subject to 30 days in jail, in addition to other harsh penalties.

And under A.R.S. 28 - 1382 and a driver with a BAC of 0.20% or greater is will be guilty of Arizona Super Extreme DUI charges. Penalties for this offense will be subject to 45 days in jail in addition to the other harsh penalties.

Second DUI offenses expose a driver to heavier sentencing of 90 to 180 days in jail in addition to other harsh penalties.

Third offense within 7 years will result in Aggravated DUI (Felony), which will expose a person to prison sentencing that ranges from 4 to 8 months in imprisonment.

Convictions in all of these cases will result in adverse Driver's License actions including suspensions, denials, or revocations; court ordered installation and use of Ignition Interlocking device on vehicle; alcohol or substance abuse screening and counseling; fines, fees, costs; probation; community service; or restitution.



DUI Lawyer Chandler AZ

If you were arrested for any type of impaired driving charges due to drugs or alcohol you should consult an experienced criminal defense attorney who defends DUI charges. They will discuss your matter and options for defense. If retained they will evaluate your case to determine if any defenses are available to challenge the charges; defend your charges; make sure your rights are protected; and work to get the best possible resolution to your case.

Additional Resources:


Arizona State Legislature - DUI laws and Impaired to the Slightest Degree


Arizona State Legislature - DUI laws - Extreme and Super Extreme DUI Laws


National Center for Disease Control (CDC)


Arizona Department of Public Safety - Driver Impairment

Continue reading "Motorists with the highest risk of DUI and fatal accidents " »

April 5, 2012

Super Extreme Felony DUI Laws Chandler AZ:

Under Arizona Law A.R.S. 28-1383, a person can be charged with a Felony Super Extreme DUI offense. A Felony DUI is also known as Aggravated DUI. A Super Extreme DUI can be charged if a driver's Blood Alcohol Content (BAC) exceeds 0.20% based on DUI breathalyzer or blood test; and "Aggravating factors existed: :

Felony or Aggravated factors are those that elevate a Misdemeanor DUI to a Felony DUI. They can include any or more of the following circumstances:

1. The driver was charged with Super Extreme DUI (BAC 0.20% or greater), while driving on a suspended, cancelled or revoked license;

2. The driver was charged with Super Extreme DUI (BAC 0.20% or greater); and it is their third or more DUI within 84 months of any two prior DUI offense convictions;

3. The driver was charged with Super Extreme DUI (BAC 0.20% or greater); while carrying a passenger age 15 or under, in the vehicle.


Felony Super Extreme DUI Penalties:

• Mandatory Minimum 120 days in prison; increases with 4 or more convictions;
• Driver's License Revocation 3 years;
• Mandatory alcohol education, counseling or treatment program;
• Minimum 30 hours Community Service;
• Ignition Interlock device for vehicle - current term requirements;
• Fines, court fees, prison assessments and fees exceeding $4,000.00 and higher.


Criminal Defense for Felony Super Extreme DUI charges Chandler AZ

All DUI charges in Arizona are serious. But Felony Super Extreme DUI charges can have long lasting adverse impacts for life. These serious charges require highly qualified legal representation. If you face Aggravated Super Extreme DUI charges, you should retain a good criminal defense lawyer with a vast amount of litigation experience. You will need a multi-facet defense. Many areas of defense can surround an aggravated DUI charge, including but not limited to constitutional rights violations; evidentiary issues; and mitigation of the charges and sentencing. Your chances of getting any favorable resolution will increase significantly with retention of a private practice criminal defense firm.

Continue reading "Felony Super Extreme DUI: Find out what aggravating factors will raise a Misdemeanor Super Extreme DUI to serious Felony charges " »

November 17, 2011

AZ DUI Law, Felony DUI Penalties

"The cost of retaining a good Chandler DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Felony DUI Charges in Chandler."
If you were arrested for felony DUI charges in Chandler, AZ you should obtain a free consultation with a Chandler DUI lawyer as soon as possible. A felony DUI conviction in Chandler will expose you to severe penalties. You will need a qualified Chandler DUI attorney to defend your Felony DUI charges if you wish to have any chance at getting a good outcome in your case.

Felony DUI - Arizona Laws:
There are three aggravating factors that will cause a Chandler Misdemeanor DUI to escalate to a Felony DUI charge. "Felony DUI" charges are also known as "Aggravated DUI charges":

1) A.R.S. §28-1383(A) (1): (Paraphrased) DUI arrest while you driving on a suspended, restricted or revoked driver's license - Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) You just received a new DUI charge and it is your third DUI in 7 years and you were convicted of at least two of them within the last 7 years. - Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with DUI DWI and a child under 15 years of age was a passenger in the vehicle - Class 6 Felony

DUI Penalties - Felony DUI Sentencing Guidelines in Arizona

A Felony DUI conviction for Chandler DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences that range from 1 day to 1 year;
• Incarceration in Prison from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device (at your expense;)
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record

Felony DUI Penalties for Chandler DUI sentencing for convictions may be "aggravated" or "mitigated". Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Chandler DUI Lawyer - Felony DUI Defense Chandler AZ

Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. An experienced Chandler DUI Attorney will know what to look for and obtain evidence needed to argue for a mitigated sentence if you are convicted of a felony DUI charge.

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. But an experienced Chandler DUI lawyer or good AZ criminal defense lawyer will advise you that almost any Chandler Felony DUI charge can be challenged, regardless of the classification. Proven Chandler DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a private practice AZ DUI Attorney or Criminal Defense Lawyer in Arizona.

Continue reading "Felony DUI: Three aggravating factors that raise a Misdemeanor DUI to Felony DUI charges." »

October 31, 2011

10 Tips to Finding the "Best" DUI Lawyers in Chandler AZ!

Why You Need the Best Chandler Criminal Attorney to Defend your Criminal Charges

Chandler AZ DUI or Criminal prosecutors, egregiously pursue convictions for DUI & Criminal charges in Chandler. Your chances of getting a DUI or criminal charge dismissed in Chandler AZ, increase dramatically with the retention of a DUI or criminal lawyer in Chandler to represent you. It's a fact that the effectiveness of your criminal defense lawyer can mean the difference between losing your freedom, and getting your charges dropped. It is very rare, if ever, that a person facing Chandler DUI or criminal charges get them dismissed, without retention of an experienced private practice DUI attorney who defends charges in Chandler, AZ. The cost of your freedom and future are much too high to ignore this fact.

10 Tips To Finding the Best DUI lawyer & Criminal Attorney for Chandler AZ Charges

1) Narrow your search by location: Decide how far you are willing to travel to retain a good DUI or Criminal Defense Attorney;

2) If you are not in a position to commute to a criminal defense law firm, but you wish to hire that attorney, they will usually help you make other arrangements. For example, if the client is in jail, the attorney would simply meet travel to where they are to meet with them. A few DUI or criminal attorneys in Chandler AZ charge separately for a jail or prison visit. But if retained, most Maricopa County criminal defense attorneys include it as part of the pre-trial service fees and do not charge extra for the jail visit;

3) You can call The Arizona State Bar, to verify they are licensed as an "Attorneys" in Criminal Defense which encompasses DUI defense. Make sure they are licensed to practice in Arizona and within Maricopa County;

4) Attorneys in other practice areas you know can prove to be good referrals. Ask them who they would hire or recommend. Many lawyers travel in the same circles for seminars, continuing legal education, or other law forums;

5) The best source of referral is from friend, family, or other person with whom you trust; But you should use caution and refrain from discussing details surrounding your charges. You may inadvertently harm your defense and your statements to them may later be used against you. That person may later be subpoenaed or called upon to testify against you. Also, if you call them from the jail or prison, remember that all calls from detainees and inmates are recorded and can also be used against you by the prosecution

6) Reviews from prior clients: There are many places to find reviews including websites, search engines, directories, and many other sources on the internet;

7) By now you should have narrowed your search down to a few choices; Consult at least two or three; discuss your charges and defense options. Most AZ DUI & criminal defense lawyers who defend charges in Chandler AZ usually provide free consultations; If they charge for this service, it is this author's opinion that you politely say "no-thank-you" and move on to your next choice;

8) Avoid asking "if they can get your case dismissed". They have not been in contact with the prosecution, seen the evidence, or worked your case. No attorney has a crystal ball. If an attorney "guarantees" they can get your charges dismissed, head for the exit or move on to the next call. They are simply giving you false hopes. You what a trustworthy and ethical lawyer who will respect you with truthful and realistic responses;

9) Ask them about their education, trial experience, credentials, training and anything else that will make you feel you have found the best attorney for the job.

10) Consider costs and fees; but don't make the cost the only or most important factor in your decision; you're not searching for the cheapest gallon of gas in town. There is a lot more at stake to consider, and you need to look at service to value. There is nothing a busy attorney dislikes more than someone "calling around" for price checks as though the attorney was selling widgets; Price is not necessarily an indicator of the attorney's experience, qualifications, or level of service they provide. But if the quote does not sound reasonable to you then move on. On the other hand, if it sounds too good to be true it probably is.

If you use these tips, they will most likely lead you to the best DUI or Criminal Defense lawyer to defend your Chandler DUI or criminal charges.

If you found this post helpful and "Like" it, please let us know! Feel free to "Share"!

Continue reading "Ways to find a good DUI and criminal defense attorney" »

June 8, 2011

Find out how top Chandler DUI Lawyers Challenge DUI or Drug Blood Alcohol Tests

DUI & Drug blood test evidence can be challenged by your Chandler DUI or Criminal Defense lawyer. The results often lead to a dismissal of your DUI or Criminal charges.

AZ DUI Laws | Defending Blood Alcohol Content (BAC) Test

If you were arrested for drunk driving or DUI Drug charges in Chandler AZ based upon your DUI blood testing results, your private Chandler DUI or criminal lawyer can sometimes be used as exculpatory evidence (evidence that helps your defense).

Below are 10 ways your AZ DUI or criminal defense attorney might use to challenge your Chandler drunk driving or Drug DUI blood test results.
1. Errors occurred in the conducting of the blood test.
2. Police violated required protocol related to DUI blood alcohol testing, analysis, preservation, or transportation of the blood sample.
3. The Police Officer who conducted the blood test was properly trained and was not certified in phlebotomy for DUI or drug testing;
4. The blood sample retested by your Arizona criminal defense lawyer or DUI attorney at an independent crime lab resulted in significantly different results than those processed at the police crime lab;
5. Due to improper labeling the blood sample belonged to someone else other than you.
6. The blood sample container was not properly sealed during storage and transport;
7. The date of the DUI or Drug testing kit used by police to conduct your test was expired.
8. The DUI or drug blood testing kit used by police was stored and exposed to prolonged extreme temperatures which compromised accurate results.
9. The police had your blood sample processed at a hospital instead of a crime lab. Most hospitals are not equipped for or designed for processing of criminal evidence. They are not required to follow proper protocol for testing, storage and transport of criminal or DUI evidence. They are intended for treatment and testing of injured or ill patients. Further, they have different policies, procedures and governing entities.
10. The police officer (s) who conducted your blood test failed or refused to give you a blood sample for your Chandler drug DUI or criminal defense attorney. Their refusal upon your request is a violation of your rights. Violation of rights can result in suppression of evidence or dismissal of your criminal or DUI charges.

Criminal Lawyers for DUI or Drug Charges in Chandler AZ
When you consult an Arizona criminal defense lawyer or DUI attorney to defend Chandler DUI or drug charges, ask the defense attorney if they plan to retest the blood sample. The best DUI lawyers or criminal defense attorneys who defend changes in Chandler AZ this on every alcohol DUI or Drug DUI case involving blood testing.

Also, ask your attorney up front, if you will be responsible for the blood retesting fees for the retesting by an independent lab. The charge for this service averages between $250.00 and $350.00 in Maricopa County. Many AZ DUI and criminal defense lawyers will factor the fee into your total defense costs. Some DUI attorneys in AZ will absorb the cost as a courtesy, because they understand how important it is to your defense. If you are required to pay the fee on top of defense costs, it is still well worth it, to pay the fee and have the blood retested. Many drug DUI and AZ drunk driving charges have been dismissed because the tests were challenged successfully by the defense. The best Chandler criminal defense attorneys in AZ know what to look for in their examination of the processes surrounding the blood test results. If they can find weaknesses or flaws in the prosecution's blood sample evidence, they will educate the court and prosecution; and present compelling arguments on your behalf which may lead to a total dismissal of your Chandler DUI or Drug DUI charges.

Continue reading "DUI defenses: 10 ways to challenge DUI blood test evidence" »

February 9, 2011

The Best Criminal Attorney in Chandler AZ is the One that is Right for You.

There are plenty of good criminal and DUI defense lawyers who defend criminal or DUI charges in Chandler AZ. But the question is which one is right for you? It will take some effort on your part. It likens to the age old cliché "Sweat now, bleed less later."

Here are some tools that will help you make your decision. Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your criminal or DUI charges in Chandler AZ: :

• The internet. Sound remedial, right? The fact is some people do not realize they should hire an attorney licensed in criminal law in Arizona to defend their Arizona charges. Look for "criminal defense attorney" or "DUI defense Attorney" "DUI or Criminal Defense firms". Even better, type in the name of the charges or reason for your arrest such as "assault defense attorney" or "drug charges attorney".

• Be sure to limit your search within the jurisdiction, city or county and state you received the criminal charges or where you were arrested. You will want to choose an attorney who defends charges like yours often in the court for which you are required to appear.

• Then select a few Criminal and DUI attorneys. Review those Attorneys' Websites in more detail. Do their websites provide adequate information about that attorney? Does their website provide useful criminal defense or DUI defense information?

• Web Directories. There are hundreds of on-line Attorney directories. Some are free and some cost the attorneys to be listed on them. Take lightly those sites that describe themselves as strictly "rating" sites. You should know there are no official governing entities in the state of Arizona who "rate" attorneys. Many of the rating sites charge the attorney and they are rated according to how much they are willing to pay. Some require a certain number of attorneys to recommend them. But in the end, none of them are federally, state, or official governing entities who exist simply to rate attorneys performance. .

• Forums, Social Networks, or Reviews with posted on the Attorney's website by prior clients. There is no substitute for a prior client's experience with that attorney or law firm. Many will provide information as to the outcome of their case as well as the service they experienced throughout the criminal defense process. Caution: do not post details regarding your criminal or DUI charges before or during the process of your situation while you have active criminal or DUI charges. Your comments are considered public information and can be used against you.

• Referrals from those you trust, such as friends or family. Again, do not discuss details surrounding your charges.

• Arizona State Bar and/or the Maricopa County Bar Association. You can confirm if they are licensed to practice criminal law in Arizona how long they have been licensed in Arizona. They may also have other useful information to assist you.

• After narrowing your search to several attorneys, or law firms, contact them for a confidential and free consultation.

• During the consultation (by phone or in person), explain your charges, and answer the Attorney's questions if they have any. Generally the attorney will need to get information to further assist you, discuss your defense options and provide you with a rate quote for formal legal representation.

• Obtain information or questions you have as well. Remember the attorney is limited to what can be provided without having evidence and documentation and formal representation. But you should be able to gain enough information to help you decide if this it is the best attorney to defend your charges in Chandler.

• The Attorney will usually be able to provide you a rate quote. If you feel this is the best attorney for you, but price is an issue. Let them know that. Most criminal and DUI attorneys have some flexibility. Some will allow partial payments, especially in the event of multiple or serious criminal charges. But in any situation, it does not hurt to ask. Some of the best criminal and DUI attorneys in Arizona are some of the most affordable.

Selecting the best DUI lawyer or criminal defense attorney to represent you in Chandler AZ court for your charges is an extremely important decision. It's your future, your freedom, and your reputation at stake. A criminal conviction can have adverse consequences that follow you for life. A wise choice about who to hire will increase your chances of getting your charges dropped, a not-guilty verdict, a dismissal or reduction of charges or sentencing.

January 5, 2011

ONE DUI DEFENSE THAT CHANDLER PROSECUTION DOESN'T WANT YOU TO KNOW ABOUT...

Chandler AZ DUI Charges

If you face Chandler DUI you should consult a criminal defense attorney or DUI lawyer who defends cases in Chandler AZ as soon as possible. Arizona has some of the toughest DUI laws and penalties in the country. However, a charge is not a conviction. You have a constitutional right to fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good DUI defense lawyer in Arizona. They will be review the evidence and facts of your case and determine what defense strategies may be used to fight your Chandler DUI.

One Chandler DUI Defense - Second Breath Test Out of Range

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 blood alcohol concentration (BAC). If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

Chandler AZ DUI Defenses
There are many DUI defenses that can be used to defend your DUI charges in Chandler Arizona. A good DUI lawyer who defends DUI charges in Chandler Court will know what DUI defense strategies can be used in your case. The above defense is just one of many defenses surrounding breath testing results. Below is an excerpt from the book "101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©" written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

Continue reading "DUI Breath Test Defenses: "Second Breath Test Out of Range"" »

October 29, 2010

"Just because you were charged or arrested for criminal or DUI doesn't mean you are automatically "guilty" of those charges...even if the evidence against you is overwhelming."

Chandler Criminal Defense
If you face criminal charges or a DUI charges in Chandler AZ, you can fight your charges and win. Your chances increase drastically of getting a good outcome in your case if you hire a good Chandler criminal or Chandler DUI attorney or Arizona criminal defense lawyer who practices frequently in Chandler. Just because you were charged or arrested for criminal or DUI charges doesn't mean you are "guilty" of those charges...even if the evidence against you is overwhelming. The fact is that criminal and DUI charges are dropped, dismissed, acquitted every day with experienced Chandler Legal Representation from good criminal defense and DUI lawyers on board.

Your Constitutional Rights entitle you to remain silent, be treated fairly, and retain the services of a Chandler criminal defense or Chandler DUI Attorney-- these inherent rights are there for your protection. Don't let them be abused. Use them to your advantage. The Chandler Prosecution and judge want convictions. Only good private practice criminal defense or DUI Lawyer who defends DUI and criminal charges in Chandler, AZ frequently will defend your charges, your rights, your freedom and your future.

Defending Criminal Charges in Chandler, AZ
You may wonder whether or not you should hire a Chandler Criminal defense or DUI defense attorney. First find out what they will or can do for you. In the least, you should contact an experienced criminal or DUI defense Attorney for a consultation. Most of the best criminal defense and Chandler DUI lawyers in Arizona provide free initial consultations. You will get insight into your charges, sentencing you will be facing if convicted, and a comfort level in your decision.

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Chandler, Mesa, Chandler, Chandler, Gilbert, Phoenix and surrounding areas valley-wide in Maricopa County.

How a Chandler Criminal Attorney will Defend You
Here is brief list outlining what a good criminal defense attorney, or experienced DUI lawyer who defends cases in Chandler, AZ will do for you:

• File notice to the court that you are being legally represented and request that all communications go through the defense attorney.
• File notice to the court of "not guilty" plea and defenses on your behalf.
• Listen to your side of the story. Educate the prosecution and court about your side of the story through the proper legal channels. Keep in direct communications with your regarding you case.
• Answer questions and address any of your concerns
• Give you guidance and recommendations
• Gather and examine any and all evidence
• Retest any blood or urine specimens, by an independent lab that the prosecution tested and plans to use against you.
• Determine if any of the evidence was mishandled, obtained unlawfully, protocol followed in obtaining the evidence.
• Determine if any violations of your Constitutional Rights occurred.
• Look for weaknesses or flaws in the Chandler Prosecutions case
• Mount a strong and effective defense based on the circumstances in your case. A good attorney, with much litigation experience will know which of many defenses should be used based on your situation. Sometimes it takes just one. Sometimes multiple defenses will apply.
• Challenge evidence or lack thereof
• Attempt to suppress evidence if justifiable reasons exist
• Educate the Prosecution and court on weaknesses or flaws in their evidence or case to set the stage for negotiations of a favorable outcome on your behalf.
• Participate in all hearings, conferences, negotiations with the court and or prosecution.
• File all appropriate and necessary motions
• Make every attempt to reduce the criminal or DUI charges
• Make every possible attempt to dismiss the charges.

The earlier your bring your Chandler Criminal or DUI Attorney on board, the greater the chances are of your obtaining a successful outcome in your case. This gives your defense Attorney a head start and time to build and mount a winning defense on your behalf. You generally do not get more than one shot at freedom. Do not underestimate the need for a Chandler criminal defense or DUI defense Attorney. It may mean the difference between a conviction and a complete dismissal of charges.

The Law Office of James Novak provides criminal defense for Chandler Arizona 85224, 85225, 85226, 85244, 85246, 85248, 85249, 85286.

Continue reading "CRIMINAL DEFENSE ATTORNEY CHANDLER AZ" »

October 10, 2010

Felony DUI Chandler, AZ

"Felony DUI Attorneys must be extremely knowledgeable as to what defenses can be utilized to get the ultimate best outcome in your case for your Felony DUI charges in Chandler, AZ."

A Chandler "Felony DUI" is also known as "Aggravated DUI". If you've been arrested or face Felony DUI (Driving under the Influence) charges in Chandler, AZ the best advice you can get now is to consult a good Arizona Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Chandler Court. All DUI charges are serious. But Felony DUI convictions are even more serious, and can have long lasting adverse consequence on your future, freedom, job, finances, family, driving privileges, and more.

A Chandler Misdemeanor DUI is elevated to a "Felony DUI" when certain aggravated circumstances surround your DUI charges that include the following:

Paraphrased citations from A.R.S. 28-1383
• DUI with a motor vehicle accident that results in bodily injury or significant harm to another person or persons.
• DUI manslaughter - When the DUI and Auto accident results in a fatality of another person or persons.
• Your third DUI conviction within 7 years
• DUI while driving with a suspended or revoked license
• Drunk driving or driving impaired due to alcohol or drugs, with a minor, age 15 or under, in the vehicle.

Chandler Felony DUI Penalties | Arizona Laws - Arizona Revised Statutes
Chandler AZ Felony DUI Penalties can include as cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B) the following:

• Extended Jail or Prison up to 4 months, if you have no prior criminal record or felony convictions. If serious injury or a fatality has occurred, this sentencing will be significantly more severe the felony DUI conviction.
• Up to $150,000 plus 80% surcharge
• $1500 prison assessment
• Abatement fees
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and associated fees
• Driving Privileges may be revoked for up to 3 years
• Mandatory Court ordered Ignition Interlock Device added to your vehicle at your expense.
• Court ordered drug or alcohol rehab or counseling treatment, and their costs
• Mandatory Community Service
• Criminal Record to include a Felony
• Any other penalties the Court deems necessary and appropriate

DUI and Felony DUI laws are constantly changing in Arizona. Thus, it is important to hire an experienced, highly qualified Arizona Criminal or AZ DUI defense Lawyer who defends DUI charges in Chandler Court frequently. Your criminal defense attorney must be well versed on the Arizona laws, Chandler Court, Protocol, and your constitutional rights. But most importantly, Felony DUI Attorneys must be extremely knowledgeable as to what defenses can be used to get the best possible outcome in your case for your Felony DUI charges in Chandler, AZ. You can find winning defense strategies referenced in Arizona DUI Winning Defense Strategies Book © and "101 Arizona DUI Winning Defenses" © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Just understand, that knowing what they are, and which ones to use, in your particular case are quite different than actually carrying them out effectively through the proper legal and court channels. An experienced DUI Attorney does this on a daily basis. Issues or details that may seem minor to the untrained eye may actually be material and crucial factor that may lead your case to a dismissal of charges. A good DUI lawyer will recognize things like this quickly; use them effectively in your defense.

When being defended by a criminal defense or DUI attorney to for your Felony DUI charges in Chandler, there should be no "secrets" as to what that DUI Attorney is going to do to defend your case. Make sure you are comfortable not only with that DUI Lawyer's abilities to defend your case, but that they are highly motivated, proactive, make enough time to provide you with an effective defense. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

If you have been charged with any 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 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 Chandler, Tempe, Mesa, Chandler, Gilbert, Phoenix Arizona and surrounding areas in Maricopa County 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.

September 15, 2010

"The ultimate goal of the best Chandler DUI defense attorneys is to attempt to get the case dismissed reduced charges or best possible outcome in your case."

If you face Chandler AZ drug DUI or medication DUI charges you should contact an experienced Chandler criminal defense attorney or DUI attorney who defends cases in Chandler AZ as soon as possible. Early retention of an experienced Chandler DUI attorney is an important factor in achieving a successful defense.

Medication DUI | Drug DUI
If you test positive for drugs following Chandler DUI stop, you are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Chandler police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Chandler Drug DUI Laws

Any Chandler AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Chandler DUI with Medications, Drug DUI Defense
If you have been charged with a Chandler drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, or DUI lawyer who defends DUI and drug DUI charges in Chandler Court frequently. It takes education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Chandler Drug DUI. A qualified Chandler DUI or criminal defense attorney will fight through the protocol of the Chandler Municipal Court system, examine and challenge toxicology evidence, mount an effective defense file motions, conduct hearings, and all the while provide you guidance and keep you informed, and be there for you. A good Chandler criminal defense or DUI attorney who defends cases in Chandler frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books "101 DUI Defenses"© Book from the "Arizona Winning Defense Strategies" © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or the ultimate total dismissal of your charges increase substantially.

If you have been charged with any Chandler, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, 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 Arizona Criminal Defense and Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Chandler, Tempe, Phoenix, Chandler, Chandler, Chandler, and surrounding cities within Maricopa County.

Continue reading "CHANDLER DUI LAWER" »

September 9, 2010

What a Good Chandler DUI Attorney Can Do to Defend your Chandler DUI
Field Sobriety Test Defenses

Field Sobriety Tests and what they are
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). But many of the best AZ DUI lawyers, who defend cases in Chandler often, consider them to be false and invalid tests. This is due to their subjective nature and police biases in reporting the results, of the driver they stopped for the Chandler DUI. For this reason Chandler DUI Charges involving FST results are often challenged with by AZ DUI Attorneys who frequently defend DUI charges in Chandler AZ. Many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Chandler often and clearly knows how to challenge such evidence.

What Chandler Police Don't Want You to Know
One thing Chandler Police do not usually offer to tell you is that Field Sobriety Testing is not required under Arizona Law. You actually have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should refuse the FST. The reason it is a controversial issue is because if you decline, the Chandler police may arrest you and take you into custody on the spot. It just depends on the situation, and the police officer's justification of probable cause for arrest. Some DUI Attorneys will advise you to take the tests and then DUI Attorney defending your Chandler DUI charge, challenge the results after the fact, through the proper legal channels. Make your choice carefully and consider your circumstances at the time of the stop, as well as the consequences of a refusal.

FST results are judged by the Chandler police officer conducting the FST. The FST is the least reliable of any Chandler DUI evidence that can be used to convict you of your Chandler DUI. It is unfortunate, but Chandler Police have been known to intentionally report that you did poorly on the tests, when in fact the results were acceptable and you did as good as or better than someone unimpaired on drugs or alcohol.

Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform "poorly" depending on many factors which include but are not limited to being overwhelmed by the ordeal, nervous, overcompensating for fear they will du poorly due to their anxiety, motor skill impairments, work related fatigue, other medical impairments and many other factors. This is another good reason why they are often challenged by experienced DUI Lawyers who defend cases in Chandler frequently. The actual purpose of FST is to be used as a preliminary tool to assist the officer in making a decision as to whether or not additional DUI or Drug testing is needed. It is not intended nor can it be used as the only evidence to convicting of a Chandler DUI. Despite this, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence, especially if the police reported that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU WERE AT DISADVANTAGED AT THE ROADSIDE TESTS DUE TO UNFAVORABLE CONDITIONS INCLUDING BUT NOT LIMITED TO INCLIMATE WEATHER, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• MEDICAL EXPERTS CONCLUDE AND AGREE FOR THE MOST PART, THAT THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER MEDICALLY REQUIRED VARIABLES AND STANDARDS AND CONDITIONS SIMPLY DO NOT AND CAN NOT EXIST IN A ROADSIDE TEST.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE NOT AN APPROPRIATE CANDIDATE FOR AN FST ACCORDING TO NHTSA RECOMMENDED GUIDELINES. SOME ISSUES THAT MAY CAUSE SOMEONE TO BE AN UNFAVORABLE CANDIDATE DUE TO THE FACT THEY MAY PERFORM POORLY ON CERTAIN EXERCISES, INCLUDE WIEGHT, MEDICAL IMPAIRMENTS OR MEDICAL CONDITIONS, LANGUAGE BARRIERS, ADVANCED AGE, AND MANY OTHER MEDICAL CONDITIONS OR FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS CAN NOT BE ADMITTED IF THEY ARE CONSIDERED INVALID OR NOT RECOGNIZED BY NHTSA.

• THE POLICE OFFICER FAILED TO REPORT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED AT THE TIME OF THE TESTING.

• AS A RESULT OF YOUR REFUSAL TO SUBMIT TO THE FST, THE POLICE CONCLUDED THAT YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• THE POLICE UNTRUTHFULLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY ARIZONA LAW.

• THE POLICE OFFICER WHO CONDUCTED YOUR FST IS NO LONGER EMPLOYED THERE, IS DECEASED, OR OTHERWISE UNABLE TO TESTIFY, DUE TO OTHER CIRCUMSTANCES.

These are just a few items that can be challenged of many that an AZ DUI Attorney can use to defend your Chandler DUI. You should consult a good AZ DUI attorney who defends DUI cases frequently in Chandler. FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Chandler DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

If you have been charged with any Chandler 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, 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 Arizona Criminal Defense and Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Mesa, Scottsdale, Chandler, Gilbert, Arizona and surrounding areas in Maricopa County Arizona

Continue reading "Chandler DUI ׀ AZ DUI Laws " »

September 6, 2010

One Defense a good Chandler DUI Defense Attorney can use to potentially get Your Chandler DUI Dismissed

Illegal DUI Stop

If you were arrested for Chandler DUI charges you should contact a Chandler DUI defense Attorney or AZ DUI Lawyer who defends Chandler DUI charges in Chandler Court often. The Criminal Defense or DUI Attorney will ask you some important questions. If you are speaking with an experienced AZ DUI lawyer or Chandler AZ DUI lawyer one of the first questions they will ask you is "Why did the Chandler police claim they pulled you over?" Although that may sound like an insignificant question, the answer is imperative to your defense. In fact, it could lead to a possible complete dismissal of your Chandler DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a "reasonable suspicion" that a crime or traffic offense has been committed or is in progress of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).

"If your Chandler DUI stop was found to be illegal there is a good chance it could lead to dismissal of your Chandler DUI charges."

If the police did not have a valid "reasonable suspicion" to stop you, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. The police cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one's own traffic lane for a short distance or making a wide turn, keeping your turn signal on too long, is not generally unlawful and should not justify Police to stop you for suspicion of DUI, Drunk Driving in or Drug DUI in Chandler, AZ. These types of driving actions are commonly seen in unimpaired drivers anywhere and anytime.

If the Chandler DUI stop by the police was illegal then your Chandler DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police work closely with the Chandler prosecutors to justify that their actions of stopping the vehicle and that

"reasonable suspicion" existed for the stop. If the Prosecution and your Chandler DUI Lawyer are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome. If your Chandler DUI stop was found to be unlawful, there is a good chance it could lead to dismissal of your Chandler DUI charges.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged with any Chandler AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, 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 Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Tempe, Chandler, Mesa, Scottsdale, and surrounding areas valley-wide within Maricopa County Arizona.

Continue reading "Chandler Laws ׀ DUI Stop " »

September 1, 2010

"The ultimate goal of the best Chandler DUI defense attorneys is to attempt to get the case dismissed, reduced charges or best possible outcome in your case."

If you face Chandler AZ drug DUI or medication DUI charges you should contact an experienced Chandler criminal defense attorney or DUI attorney who defends cases in Chandler AZ as soon as possible. Early retention of an experienced Chandler DUI attorney is an important factor in achieving a successful defense.

Medication Drug DUI
If you test positive for drugs following Chandler DUI stop, you are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Chandler police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Chandler Drug DUI Laws
Any Chandler AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Chandler DUI with Medications, Drug DUI Defense
If you have been charged with a Chandler drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, or DUI lawyer who defends DUI and drug DUI charges in Chandler Court frequently. It takes education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Chandler Drug DUI. A qualified Chandler DUI or criminal defense attorney will fight through the protocol of the Chandler Municipal Court system, examine and challenge toxicology evidence, mount an effective defense file motions, conduct hearings, and all the while provide you guidance and keep you informed, and be there for you. A good Chandler criminal defense or DUI attorney who defends cases in Chandler frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books "101 DUI Defenses"© Book from the "Arizona Winning Defense Strategies" © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or the ultimate total dismissal of your charges increase substantially.

If you have been charged with any Chandler, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, 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 Arizona Criminal Defense and Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Chandler, Tempe, Phoenix, Chandler, Mesa, Gilbert, and surrounding cities within Maricopa County.

Continue reading "Chandler Medication DUI | Drug DUI LAWYER " »

August 25, 2010

"Your chances of getting a Chandler, AZ Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Chandler Criminal Defense or DUI Lawyer."

Any Chandler criminal defense or DUI Attorney you will tell you how serious a Chandler DUI charge is. A Chandler AZ Extreme DUI is even more serious, bringing with it, with negative impacts that can last a lifetime. Chandler DUI laws, classifications, and penalties, fall under the rule of Arizona State Laws. A Chandler DUI charge elevates to 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 Chandler Police and testing personnel. If your BAC level exceeds 0.20 it is then it is categorized as a "Super Extreme" which brings with it even more severe penalties which can include extended jail or prison time, along with other severe penalties if convicted. If you have been charged with an extreme DUI in Chandler, Arizona it is critical that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Chandler on a regular basis in the Chandler Court. It's not hard to find a good DUI Lawyers will provide you with a Free Consultation.

Chandler 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)

Chandler DUI Defense Options (first offense Extreme DUI):

"Just because you were arrested in Chandler for Extreme DUI does not make you guilty".

The fact that you were charged with a crime is not the same as a conviction. Just because you were arrested in Chandler for Extreme DUI does not make you guilty. It means that at the time of the arrest, the police felt they had "probable cause" to charge you with a Chandler DUI or Chandler Extreme DUI. An experienced DUI lawyer, who defends cases in Chandler often, will challenge that evidence and make every attempt to disprove the alleged "probable cause", along with the use of many other defenses that can be used depending on the circumstances.
Sometimes all your DUI Attorney needs is one good defense. In other cases it may take more. If you face

Chandler 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; vehicle impound; Ignition interlock device; have your driver's license suspended up to 90 days, requirement of alcohol or drug treatment program; probation; 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, and exorbitant fines and fees for convictions.

B. Do nothing and ignore it. If you fail to appear for your slated court date and time, warrant for your arrest will be issued immediately by the Chandler 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 fast extreme DUI conviction. 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 Chandler Court often. An experienced AZ criminal defense or AZ DUI defense Attorney who defends cases frequently in Chandler Court will know the laws, Court system, judges, 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 based on your set of circumstances.

There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good DUI Attorney who defends cases in Chandler will examine evidence, determine how to build and mount an effective defense case on your behalf. You will not get such benefits or evidence challenged without a good private practice Chandler, 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 Chandler Criminal Defense or DUI Lawyer.

If you have been charged with any Chandler 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 Chandler, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Chandler Extreme DUI Attorney " »