Phoenix DUI Law Blog

You can refuse a breathalyzer in Arizona — but the refusal itself triggers an automatic 12-month driver’s license suspension under the state’s implied consent law, even if you are never convicted of DUI. By driving on an Arizona road, you have already agreed to submit to chemical testing if a police officer lawfully arrests you…

If you were arrested after a traffic stop, the fastest way to change the direction of the case is to challenge whether the stop, detention, and testing were lawful. The Law Office of James E. Novak handles Arizona DUI defense across Maricopa County, and challenging DUI stops in Maricopa County often becomes the key lever…

Sentencing can feel like the moment when everything turns personal. The court is no longer deciding guilt or innocence, but it is deciding how much punishment to impose. This is also where people sometimes hear comments about “remorse,” “accepting responsibility,” or “taking accountability.” Arizona law draws a clear boundary here. A judge may not punish…

Old cases do not have to define your future. Employers, landlords, and licensing boards often run background checks, and a dated conviction can still cause problems. Arizona now offers two main forms of relief for many people with past cases. Understanding the difference between a set aside and record sealing helps you choose the option…

Arizona now imposes significantly harsher consequences for fentanyl cases after lawmakers passed House Bill 2607. This new law increases penalties when officers discover 200 grams or more of fentanyl in a vehicle, a threshold that signals large-scale trafficking in the eyes of Arizona prosecutors. If you face this type of allegation after a traffic stop,…

Arizona courts recently clarified a key question about aggravated DUI charges that involve wrong-way driving. The Court of Appeals held that the “wrong-way on a highway” aggravator in A.R.S. Section 28-1383(A)(5) works as a strict-liability element. In plain terms, prosecutors do not have to prove you knew or should have known you were traveling against…

If you are facing a weapons misconduct or assault charge in Arizona and believe your actions were justified, your ability to raise that defense later depends entirely on what was requested at trial. A June 2025 decision from the Arizona Court of Appeals explains how justification defenses must be preserved and what happens when defense…

A recent Arizona Court of Appeals decision shows how prosecutors can use indirect evidence to secure convictions for weapons offenses, even when police do not find a firearm during the arrest. If you are accused of a crime involving guns or drug sales, you should speak with an attorney who understands how the state builds…

In June 2025, the Arizona Court of Appeals clarified how and when courts may restrict firearm rights in cases involving orders of protection. The opinion, issued in a Maricopa County appeal, reinforced that Arizona courts must base firearm prohibitions on specific evidence of a credible threat. This ruling is important for anyone accused in a…

You may believe that if an alleged victim recants their statement, the charges against you should be dropped. In Arizona, that is not always the case. A recent court ruling confirmed that even when a key witness changes their story, the jury still decides whether the original account or the retraction carries more weight. This…