The seriousness of a DUI arrest depends on a few things. Most notably, whether you have a prior conviction for a DUI. Generally speaking, first-offense DUIs are less serious than subsequent offenses. For example, the punishment for a first-offense DUI is ten consecutive days in jail, a fine of at least $250, and mandatory community service. In addition, you will need to install an ignition interlock device on your vehicle before you can drive again. If you are convicted of a second DUI, then the punishment you face will increase significantly. For example, the jail time the comes along with a second offense increases to up to 90 days in jail. However, if you participate in drug or alcohol classes, you can have a portion of that sentence suspended.

In addition to the criminal penalties associated with a DUI conviction, you can also suffer a host of collateral consequences. Collateral consequences are the non-criminal aspects of a conviction that impact your life, often making it much more challenging to get a job, attend school, or obtain certain benefits. For example, if you are convicted of an Arizona DUI, employers can refuse to hire you, and you may not be eligible for certain professional licenses. Landlords may also ask you on a rental application if you have ever been convicted of a crime, which impacts their decision of who to rent to.

In short, the consequences of a DUI conviction are severe, even for a first-time DUI, and everything should be done to avoid a conviction. That said, many DUI arrests are flawed for one reason or another. For example, police officers need to justify stopping a driver for a DUI traffic stop by showing that there was probable cause to stop the car. If police officers act on a hunch or cannot point to specific reasons justifying their belief you were intoxicated, any evidence obtained as a result of the traffic stop may be inadmissible at trial. And without this evidence, the prosecution may have no choice but to withdraw the case.

There are many other defenses to Arizona DUI offenses. A knowledgeable criminal defense attorney can go over the various defenses and help you determine which best fits the circumstances of your case.

Have You Been Arrested for an Arizona DUI?

If you face drunk driving charges in Arizona, it is important that you take the situation seriously. At the same time, you should not resign to the fact that you will be found guilty. At the Law Office of James E. Novak, we represent clients in all types of Arizona DUI cases. With extensive experience handling both alcohol and drug DUI cases, we are uniquely situated to provide you with the best defense possible. To learn more, and to schedule a free consultation today, contact Attorney Novak at 480-413-1499.

The Facts of the Case

According to the court’s opinion, a car crashed into a tree right outside of a school. Two school employees were notified of the crash, and walked outside to see the defendant inside the car in the driver’s seat. The witnesses saw the defendant try to drive away, but when he couldn’t’ get his car to move, he exited the vehicle. The witnesses told the defendant to stay on the scene, but he walked away towards a nearby convenience store.

One of the witnesses left briefly to get his car keys. He located the defendant a short time later, and called 911. The witness told police that the driver of the car had on jeans and a dark T-shirt. Not long after the 911 call, an officer stopped the defendant because he matched the description. The officer noted that the defendant appeared to be intoxicated. As the officer was waiting for the witness to come to make an identification, the defendant admitted to being the driver. When the witness showed up, he identified the defendant as the driver, and the officer arrested the defendant. Another witness provided police with photographs and a video of the defendant leaving the scene of the accident.

After he was convicted, the defendant appealed, arguing that the witness’s identification was admitted in error. The defendant argued that the identification was suggestive and unreliable. Because the defendant did not raise this issue at trial, the court reviewed the claim under the “fundamental error” standard, which requires the defendant to establish an error and then show that he suffered prejudice as a result.

The court concluded that the defendant did not meet his burden. First, the court found that the lower court did not err in admitting the identification. The court noted that the witness had ample opportunity to observe the defendant at the scene, and that it was reasonable to assume the witness was paying close attention, because a tree had fallen on the defendant’s car. The court acknowledged that the description given to police was somewhat vague, but noted that “even if these descriptions are vague, a lack of evidence on one factor does not render an identification unreliable.” The court also relied on the fact that the witness was certain in his identification, which was made less than an hour after the accident.

The court then held that, even if there was an error in admitting the identification, the defendant did not suffer any prejudice from its admission. Thus, the court affirmed the defendant’s conviction.

Have You Been Arrested for an Arizona DUI Accident?

If you have recently been arrested and charged with an Arizona DUI accident, contact Attorney James E. Novak. Attorney Novak is an experienced criminal defense attorney, dedicated to providing his clients with the vigorous defense they deserve. To learn more about how Attorney Novak can help you defend against the charges you face, call 480-413-1499 today. You can also reach out through our online form.

According to a recent news report, from January to April of last year, there were a total of 7,500 Arizona DUI arrests. However, for that same period during 2020, the number of DUI arrests dropped nearly 33 percent to just over 5,000. Not only that, but serious traffic accidents that require an investigation have dropped by more than 75 percent, according to the Arizona State Police.

Of course, the reduction in Arizona drunk driving arrests does not necessarily mean that there is a lack of enforcement or that law enforcement officers are cutting drivers a break. Rather, most attribute the reduction to the fact that bars and restaurants are closed and that there are fewer people on the road. Also, people are required to follow social distancing protocol, so even drinking in social settings has significantly decreased.

While the COVID-19 pandemic may result in fewer arrests, those who are arrested and incarcerated face serious health risks. For weeks, civil rights lawyers and defense attorneys have been trying to bring awareness to the dangers that incarcerated individuals face during the pandemic. Indeed, according to another news report, state prisons across the country are seeing frightening rates of COVID-19. Perhaps what is most concerning is the fact that 90 percent of all newly diagnosed inmates show no symptoms of the virus. Experts believe that testing is the key to solving the problem, because once correctional facilities know who is carrying the virus, they can work to isolate them. Of course, many have called for the release of non-violent offenders. In fact, other states have granted early parole to some inmates and loosened pre-trial release criteria for those awaiting trial.

Have You Been Arrested During the COVID-19 Pandemic?

If you or a loved one has recently been arrested for an Arizona crime during the COVID-19 pandemic, contact Attorney James E. Novak for immediate assistance. Attorney Novak is a dedicated Arizona DUI defense attorney with extensive experience handling all types of Arizona drunk driving cases. From the moment he begins to work on your case, he will do everything he can to ensure that your life is impacted as little as possible by the charges, starting with trying to get you out of jail, if possible. To learn more, and to schedule a free consultation, call 480-413-499 to schedule a free consultation.

When someone is arrested for an Arizona DUI, it is often the first time they have faced criminal charges. This can be a very stressful and traumatic experience because defendants rarely know what punishment they could face if they are found guilty, and they often have no idea about how to go about contesting the charges.

While some Arizona DUI cases are best settled before trial, there are a number of cases in which the prosecution cannot meet their burden to establish the defendant’s guilt beyond a reasonable doubt. In other cases, police officers overstep their authority by stopping motorists, searching their cars, or asking them to take blood- or breath-tests. The fact is, Arizona DUI charges can be fought, and won, in many cases.

Not all DUI cases can be won, however. And when an Arizona criminal defense attorney’s client is found guilty of DUI, the lawyer’s job is far from over. For the most part, Arizona judges have discretion in how they sentence those found guilty of a DUI. An attorney whose client either pleads guilty or is found guilty will assist in presenting their client in the most favorable light, showing the judge the positive contributions his client has made over the course of their life. This mitigation can often result in more favorable sentences.

Defendant in Fatal Tempe DUI Case Sentenced to 15.5 Years’ Imprisonment

Last month, a man was sentenced to over 15 years in prison after he was found guilty of manslaughter, aggravated assault, and leaving the scene of a fatal accident. According to a recent news report covering the man’s case, the accident took place back in 2016, when the victim was rear-ended by the defendant who traveling at a speed of between 80 – 100 miles per hour. The defendant’s blood was taken after the accident, which revealed that there was alcohol in his system.

Contributing to the defendant’s lengthy sentence was the fact that he picked up another DUI arrest while he was out on bail awaiting sentencing for the 2016 DUI.

Have You Been Arrested for an Arizona DUI?

If you have recently been arrested for an Arizona DUI offense, you should contact Attorney James E. Novak to discuss your case as soon as possible. Arizona DUI offenses are taken very seriously. However, police and prosecutors routinely overstep their authority, and in the process, violate the rights of defendants. Attorney Novak is a dedicated Arizona DUI defense attorney who can assist you aggressively fighting your case or in negotiating with the prosecution in hopes of coming to a fair resolution. To learn more, call 480-413-1499 to schedule a free consultation to discuss your case with Attorney Novak today.

Additional Resources:

• A.R.S. § 28-1381

Other Articles of Interest from The Law Office of James Novak’s Phoenix DUI Blog: DUI And No Insurance: What You Should Know, Phoenix DUI Law Blog, May 1, 2018

Nearly 300 DUI Arrests Were Made in Arizona over 4th of July Weekend, Phoenix DUI Law Blog, July 9, 2018

According to a recent news report, 1,726 law enforcement officers participated in a state-wide enforcement effort over the holiday. In total, police made over 11,000 traffic stops over July 3rd and 4th, and arrested nearly 300 people on suspicion of driving under the influence of drugs or alcohol. Of those, 62 of the arrests were for “extreme DUI” in which the driver’s blood-alcohol content is alleged to be greater than .15.

Police Were Looking for Reasons to Stop Drivers

Given that the state’s law enforcement officers were on high alert for drivers under the influence, it is likely that many of the traffic stops police made were motivated by “gut instincts” rather than articulable facts supporting a finding that the driver was under the influence. However, under Arizona law, police officers cannot pull over motorist for no reason or act on a hunch when determining which motorists to stop. Doing so violates the motorist’s constitutional right to be free from unreasonable searches and seizures.

Depending on the circumstances, a police officer must possess either reasonable suspicion or probable cause to stop a motorist. In order to establish either reasonable suspicion or probable cause, a law enforcement officer must be able to point to articulable facts that would indicate a motorist is violating a traffic law or criminal statute.

Even if a traffic stop is valid at its inception, the stop may become tainted if the officer extends the duration of the stop beyond the time necessary to investigate the reason for the stop. For example, if a motorist is pulled over for excessive window tint, the police officer cannot request the driver take a breath test without evidence suggesting the driver was intoxicated.

If a police officer is unable to justify a traffic stop, or unable to explain why the length of a stop was extended, then any evidence obtained during that stop, including the officer’s observations of the defendant behind the wheel, may be suppressed in a pre-trial motion. Thus, it is no surprise that it is through a pre-trial motion to suppress that many Arizona DUI cases are won.

Have You Been Arrested and Charged with an Arizona DUI Offense?

If you have recently been arrested and charged with an Arizona DUI, Attorney James E. Novak may be able to help. Attorney Novak is a dedicated Arizona DUI defense attorney with decades of experience representing clients charged with Arizona DUI crimes. He understands the seriousness of the consequences facing his clients and does everything he can to ensure that the allegations made against them have as little impact on their future as possible. To learn more, and to schedule a free consultation with a dedicated Arizona DUI attorney, call 480-413-1499 today.

Additional Resources:

• A.R.S. § 28-1381
• Rodriguez v. United States

Other Articles of Interest from The Law Office of James Novak’s Phoenix DUI Blog: DUI And No Insurance: What You Should Know, Phoenix DUI Law Blog, May 1, 2018

Marijuana DUI: Financial Penalties in Arizona, Phoenix DUI Law Blog, April 1, 2018

With this in mind, we want to consider some of the challenges a person may face when crossing the border to Canada if he or she has a drunk driving conviction on their record. It’s not as simple as having a valid passport. As you’re about to read, these issues can be much more complicated than you expect.

Can You Be Denied Entry to Canada Due to Drunk Driving?

Yes.

While a single, first-offense DUI conviction may be okay, you could be denied entry into Canada because of a criminal conviction. Even if you do not intend to drive while in Canada, you may still be turned back at the border or unable to fly into the country because your DUI makes you criminally inadmissible to enter Canada.

Specifically with drunk driving, you will be denied entry into Canada if the nature of your crime in the United States could be, if committed in Canada, punishable by at least 10 years in prison. This covers all kinds of felonies and misdemeanors, and could include a DUI offense under certain circumstances. The older the DUI conviction, the greater chance you have of entering Canada with few problems.

Potential Differences Based on State the DUI Occurred

Since the US has different statutes and penalties from state to state, there’s an additional complication to consider. These state differences regarding DUI laws could make you more or less likely to be denied entry into Canada depending on which state your drunk driving conviction occurred.

This is why having a skilled drunk driving lawyer on your side is so helpful. They can assess your situation, and then consider solutions such those we’ll note below.

Temporary Resident Permit (TRP)

A temporary solution to these travel issues is applying for a TRP. This allows people to visit Canada for a specified amount of time as long as they have a valid reason to be in the country. TRPs can take time to obtain, so be sure to apply for one well ahead of your trip to Canada.

Keep in mind that if you plan to visit Canada again at a later time, you’ll need to apply for another TRP.

Criminal Rehabilitation

A permanent solution to these travel issues is applying for Criminal Rehabilitation. Essentially, this involves a person petitioning the Canadian immigration authorities to forgive their stateside DUI conviction and allow entry into Canada.

To be granted Criminal Rehabilitation, five years has to pass after the person has:

• Served their full time for the conviction
• Paid all penalties and fees
• Completed community service
• Fulfilled all conditions associated with the conviction

If Criminal Rehabilitation is granted, the person will not need to worry about being denied entry into Canada again.

Deemed Rehabilitation

Rather than petitioning for Criminal Rehabilitation, you could be deemed rehabilitated if you served your debt to society for your conviction, 10 years has elapsed since that time, and your criminal record is clean otherwise. In such cases, Canadian authorities may deem you rehabilitated and eligible to enter the country.

Learn More About the Challenges After Drunk Driving

For more information about penalties and difficulties you may face after a DUI conviction, be sure to speak with a skilled drunk driving lawyer. Our team will be here to offer insight and assistance during your time of legal need.

Let’s explore the issues of actual physical control right now, and offer some insight into these kinds of legal disputes.

Liberal Interpretations of “Drunk Driving”

Sometimes people are charged with drunk driving even when they are not driving at all. We’ve heard of cases in which people are issued a DUI for sleeping behind the wheel of their car. A person may not even be driving but just sitting behind the wheel listening to radio, running the air conditioning, or using their phone. Even in these cases, a person may be charged with a DUI.

Rather than fight these cases in court, people may instead accept their drunk driving charges without dispute.

The Issue of Actual Physical Control (APC)

“Actual physical control” is the reason people may be charged with drunk driving even when a vehicle isn’t running. Being in physical control of a vehicle means that the person behind the wheel could pose a potential threat to others. The wording is vague, which gives law enforcement a lot of leeway for its interpretation. Some reads of the law are more lenient than others, which could spell trouble for a person trying to abide by the law and avoid driving while drunk.

Factors That Help Determine Actual Physical Control

To determine actual physical control, a court may consider the following factors:

• Was the vehicle running?
• Were the keys in the ignition?
• Where was the driver sitting?
• Where was the vehicle parked?
• What time of day was it?
• What was the weather/temperature?

How to Safeguard Yourself from DUI Charges

To avoid getting embroiled in a debate over actual physical control, it’s important that you play things safe when you’re trying to abide by the law. Consider the following tips:

• Consider getting a ride from a friend
• Hire a cab or car to get home
• Try to sober up outside of your vehicle
• Do not put the keys in the ignition if possible
• Make sure the vehicle is safely parked
• Avoid sitting or resting in the driver’s seat

How a Drunk Driving Attorney Can Help You

These questions of physical control can be complex and academic, which means having a skilled attorney on your side can help you build a winning defense. A DUI attorney knows how the drunk driving laws work, and can note various circumstances of your case that can help get charges reduced or thrown out. We will work with you every step of the way, offering expert counsel and providing peace of mind.

Speak with an Experienced DUI Attorney

For more information about your legal options in a drunk driving case, be sure to contact an experience DUI defense lawyer today. Our team will work with you to help fight charges, reduce penalties, and help ensure you receive a fair shake from the law.

There are flaws with breath testing, however, and a Phoenix DUI defense attorney can help address them. Let’s consider the problems with breath tests and then see whether or not you should refuse a breathalyzer test from a police officer.

Problems with Breath Tests to Assess Sobriety

While breathalyzers are simple, they are quite flawed. When it comes to drunk driving, it’s important that the blood alcohol content (BAC) be measured, not the amount of alcohol on a person’s breath. Since the breathalyzer cannot possibly measure actual BAC and instead notes concentration of alcohol in the breath, the results are inherently flawed with regard to measuring BAC.

Can I Refuse to Take a Breathalyzer Test?

Technically yes, you can refuse to take a breathalyzer test before an actual arrest is made. If you are arrested, you will then be asked to take a blood or urine test, which will likely be administered at the police station. You can continue to refuse to take chemical tests, but there are penalties for doing so.

Should I Refuse to Take a Breathalyzer Test?

The answer is usually no. The fact you “can” do something is not always the same as if you “should” do something.

Refusing to take a breathalyzer test might not be in your best interests. In fact, it may cause more problems than you anticipated. The state of Arizona has Implied Consent laws. Under these laws, anyone who is operating a vehicle at the time of a traffic stop can be subjected to some sort of chemical test to measure BAC.

The consequences of refusing a chemical test can sometimes be worse than a DUI charge.

Consequences for Refusing a Breathalyzer Test

If you refuse to submit to a breathalyzer test or other chemical tests, there is a strict procedure that’s followed.

Upon refusal to take a test, you will be placed under arrest and your driver’s license will be confiscated from you. You will be issued a temporary driving permit good for 90 days. The arresting officer will make a sworn report detailing your refusal to take a chemical test.

Your driver’s license will be suspended for at least 1 year for your refusal to take a test. After 90 days of license suspension, you can request the installation of an ignition interlock device, which is a mini-breathalyzer in your car. You vehicle will not be able to start unless the ignition interlock device has been blown into and demonstrates sobriety.

License Suspension for Chemical Test Refusal

The duration of license suspension varies depending on how many refusal offenses you have had within in 7-year period. The duration is as follows.

• First Offense – 1-year suspension
• Second Offense – 2-year suspension
• Third Offense – 2-year suspension

Speak with an Experienced Drunk Driving Lawyer

For more information about your legal rights and options following a drunk driving charge, be sure to contact a skilled DUI and criminal defense attorney today. The team at The Law Office of James Novak is here to help you in your time of legal need.

A number of clients have questions about the nature of aggravated DUI charges. Let’s take a moment to consider these kinds of cases and the legal penalties involved right now.

Defining Aggravated DUI

In essence, an aggravated DUI refers to circumstances that aggravate the DUI charge based on their severity and the nature of your arrest. When these circumstances apply to your case, you will face more serious jail time and fines as a result.

As with all DUI cases, an aggravated DUI arrest involves motorists exceeding a BAC of 0.08, which is the national legal limit.

Types of Aggravated DUI

There are two classifications of aggravated DUI, Class 4 Felonies and Class 6 Felonies. Let’s consider the four types of aggravated DUI and their classification:

• DUI while a child under 15 is also in the vehicle (Class 6 Felony)
• Prior DUI arrests within 7 years of the current DUI arrest (Class 4 Felony)
• DUI arrest with a suspended or revoked driver’s license (Class 4 Felony)
• DUI arrest while your vehicle is equipped with an ignition interlock device (Class 4 Felony)

Penalties for First-Time Aggravated DUI (Class 4 Felony)

The following penalties are common for a first-time aggravated DUI as a class 4 felony:

• Between 4 months and 3.75 years in prison
• At least $4,700 in fines and fees
• Drivers license revoked
• Alcohol counseling
• Probation
• Potential community service
• 2 years of ignition interlock device in vehicle

Penalties for Class 4 Aggravated DUI with Prior Felony Convictions

The following penalties are common for a first-time aggravated DUI as a class 4 felony if you have prior felony convictions:

• Between 2.25 years and 7.5 years in prison
• At least $4,700 in fines and fees
• Drivers license revoked
• Alcohol counseling
• Probation
• Potential community service
• 2 years of ignition interlock device in vehicle

Note that with more than one prior felony conviction, your prison time shoots up to 6 years to 15 years.

Penalties for First-Time Aggravated DUI (Class 6 Felony)

The following penalties are common for a first-time aggravated DUI as a class 6 felony:

• Between 1 day in jail to 2 years in prison
• At least $4,700 in fines and fees
• Drivers license revoked
• Alcohol counseling
• Probation
• Potential community service
• 2 years of ignition interlock device in vehicle

Penalties for Class 6 Aggravated DUI with Prior Felony Convictions

The following penalties are common for a first-time aggravated DUI as a class 6 felony if you have prior felony convictions:

• Between 9 months and 2.75 years in prison
• At least $4,700 in fines and fees
• Drivers license revoked
• Alcohol counseling
• Probation
• Potential community service
• 2 years of ignition interlock device in vehicle

Note that with more than one prior felony conviction, your prison time shoots up to 2.25 years to 5.75 years.

Contact The Law Office of James Novak

For more information about your legal rights and options after a DUI charge, be sure to contact a drunk driving and criminal defense attorney today. The team at The Law Office of James Novak will fight diligently for you every step of the way.

The Long-Term Consequences of of DUI Charges

If you are arrested and charged with a DUI, that drunk driving arrest will remain on your criminal record, though it can be potentially removed after a number of years have passed.

This can have a number of unexpected consequences for you in the long run. For instance, it could make it harder to get hired by certain companies, and the same is true for qualifications regarding scholarships and other types of funds for your advanced education.

In fact, certain kinds of travel are potentially affected by a DUI charge on your criminal record.

Domestic Travel After DUI

As far as domestic travel for vacations, there are generally no restrictions on travel from state to state. The main issue to consider is if you have an unresolved DUI charge/penalties in another state and then attempt to relocate to a different state. Additional fines may be levied against you for this action.

Keep in mind, however, that you may face difficulties when renting a vehicle in another state as you travel domestically. Contracts at rental car companies vary on this matter, but some major car rental agencies may refuse renting to you if you have a relatively recent DUI conviction or multiple convictions on your record.

International Travel After DUI

There could be some restrictions on international travel following a DUI arrest. This varies from country to country, and also varies depending on the nature of your arrest, if there are multiple drunk driving charges, and if any additional charges were filed along with drunk driving. It’s important that those with a DUI on their criminal record check with the individual travel policies of any international countries they intend to visit.

Surprisingly, those with a DUI on their record may face some difficult when it comes to traveling to Canada. A fine may have to be paid in order to visit Canada depending on the nature of your case.

How a Drunk Driving Lawyer Can Help You

If you are planning to travel domestically or abroad and have a drunk driving arrest on your record, it is helpful to consult with a lawyer about any paperwork, potential restrictions, and other challenges that you may face. This can be especially crucial for international trips. If you plan this out well ahead of time, your attorney can assist with the travel visa process so that it is as pain-free and problem-free as possible. Additional matters can be discussed based on the overall nature of your charge(s).

Learn More About the Consequences of DUI Charges

For more information about your legal rights and options following a drunk driving arrest, it’s important that you contact our drunk driving defense law firm today. The entire team at The Law Office of James Novak will work closely with you to craft a strong legal defense strategy and to offer guidance in the years ahead as well.

That’s wrong.

A drunk driving arrest can affect your current and immediate future, placing restriction on employment and potentially making it more difficult for you going forward. Here at The Law Office of James Novak, we have helped numerous people throughout the Phoenix area with effective DUI defense and legal strategies, allowing them to beat charges, have penalties reduced, and plan for the future.

With that in mind, let’s consider the various ways that a DUI/DWI conviction can impact your job and career prospects.

Potential Problems Getting to and from Your Current Job

Following an extreme DUI or aggravated DUI arrest, your vehicle will be impounded for 30 days. This can make your current commute more challenging, forcing you to rely on friends or family for rides, or to take mass transit.

If your license is suspended following a DUI arrest and you do not receive an exemption that allows you to drive to and from work, you’ll be forced to rely on rides and/or public transportation as well.

(Also keep in mind that you may also have to miss work due to incarceration and court hearings.)

Potential Termination from Your Current Job

Some employers may fire employees for being arrested or charged with DUI. This is particularly true if your job duties involve driving a vehicle in any fashion.

In addition, there are many companies that take the reputation/conduct of employees seriously as it can impact the business’ public profile. In such cases, your employer may terminate you for a action such as drunk driving.

Background Checks by Potential Future Employers

What’s distressing to many people with a DUI arrest is applying for a new job. Most applications will inquire about any past arrests and convictions. It’s important to be honest on job applications, as lying during this process is unhelpful. Potential employers will often do background checks, and a drunk driving conviction could mean they will pass on you to fill a job opening.

Issues with Future Education to Further Your Career

The same sorts of consequences might apply to some vocational/trade schools and colleges/universities. Sometimes a DUI arrest can affect your admission to a given institute of higher learning. In addition, a DUI arrest can affect your eligibility for financial aid.

Work with a Criminal Defense Attorney: Your Future May Depend on It

Given all of the above, it’s important that you work with a skilled DUI defense attorney following a drunk driving arrest. We will work closely with you, addressing present concerns over the DUI charge as well as considering your future needs.

Speak with The Law Office of James Novak About Your DUI Charge

For more information about drunk driving arrests and what you can do to ensure your life remains on the right track, be sure to contact our drunk driving defense law firm today. The team at The Law Office of James Novak will discuss all of your legal options in greater detail and help you during your time of need.

With this in mind, let’s look at how blood alcohol content (BAC) is measured and assessed and consider problems with the various testing methods.

About Blood Alcohol Content (BAC)

Also known as blood alcohol concentration, BAC refers to the amount of alcohol present in a person’s blood. This is a scientific measure of intoxication. Nationwide, the legal limit for BAC in regular motorists overs the age of 21 is 0.08%.

In order to measure BAC, there are different tests that can be performed that measure a person’s breath, blood, or urine. Let’s consider each.

Measuring Blood Alcohol Content (BAC) Using Breath Tests

The breathalyzer tests is one of the most well known BAC tests out there. A breathalyzer when used during a traffic stop is a small device with a straw at the end that a motorist is asked to blow into. A full breath test is performed at the police station using a much larger and more accurate machine that works on similar principles.

Problems with Breath Tests

Issues with metabolism and contaminants in the mouth may lead to a higher BAC being measured with a breath test. Poor calibration of portable breath tests on the road and the breath test at the police station can also lead to incorrect results regarding BAC. People taking the test should breath normally, so if they are instructed to blow hard into the machine, that can lead to a false positive.

Measuring Blood Alcohol Content (BAC) Using Blood Tests

Blood tests for BAC involve taking a blood sample and checking for the alcohol content in it. This form of BAC testing is done at the police station since it would be unsanitary and unsafe to take a blood sample while on the road.

Problems with Blood Tests

While blood tests are generally seen as the most reliable form of BAC test, there are still potential problems. Diabetes, the use of herbal supplements, and even just taking cough syrup can affect the results of a blood test and may lead to false positives. Human error, lab error, and problems with blood collection and analysis can similarly lead to incorrect results.

Measuring Blood Alcohol Content (BAC) Using Urine Tests

Urine tests, which assess BAC using a urine sample, tend to be taken only when the breath test and blood tests are not available at the police station. In general urine tests are considered the least reliable measure of BAC.

Problems with Urine Tests

One of the problems with urine tests is the timing of the sample being taken. If a driver has not voided his or her bladder in some time, the urine may actually contain more alcohol since it accounts for drinking that was done earlier in the evening. Issues with human error and lab error can occur as well.

Schedule a Consultation at The Law Office of James Novak

For more information about your legal options following a drunk driving arrest, it’s important that you contact our legal team about your DUI defense options today. When you seek the help of The Law Office of James Novak, you will receive a robust legal defense that will benefit you and help you make the smartest choices about your legal options.

A number of people are arrested at sobriety checkpoints set up by police at major thoroughfares and at different times of year. In many cases, these arrests might have been preventable. With that in mind, here are some tips on what to do when you encounter a sobriety checkpoint.

Do Not Try to Evade the Checkpoint If You Are Approaching It

If you notice a sobriety checkpoint up ahead that is unavoidable, do not make a U-turn and try to drive away. The officers in charge of the checkpoint may radio other law enforcement in the area to keep an eye out for your vehicle. Evading a checkpoint in this fashion shows reasonable suspicion of intoxication or other dubious activities.

Do Not Incriminate Yourself By Trying to Talk Your Way Out of It

One of the worst things that you can do is try to talk your way out of the sobriety checkpoint. This kind of nervousness and desperation can serve as a cue for officers who are looking for signs of inebriation or paranoia. When pulled over, be sure to remain collected and tell any passengers in the vehicle as well to remain quiet and to not address the officer unless they’re spoken to.

Do as You Are Told to Avoid a Difficult Interaction

Resisting or refusing simple requests like providing your license and registration can make a routine stop much more antagonistic and likely to result in an arrest. Being difficult like this gives officers reasonable suspicion with regard to intoxication. If you are pulled over at a sobriety checkpoint, be sure to comply with reasonable requests from the police officer.

Keep In Mind You May Not Be Checked for Sobriety

Just because you are at a sobriety checkpoint does not mean you will be asked to take a sobriety test. At a busy checkpoint, officers may simply be looking for signs of potential intoxication or suspicious activity, which will then be a reason for them to conduct a sobriety test on a driver.

If you do have to take a breathalyzer test or a field sobriety test, be sure to comply and to follow instructions closely. Refusal to comply with these requests can lead to self-incrimination and more severe penalties that will affect your ability to drive as normal.

Remain Calm Throughout the Entire Process

We can’t stress this enough: remain calm throughout the entire stop.

While the situation may be stressful even if you are sober, being as calm as possible throughout this process will improve your chances of passing through the checkpoint without any problems.

Get in Touch with a Criminal Defense Lawyer Following an Arrest

If you are arrested at a sobriety checkpoint, it’s important to get a skilled attorney on your side so you can look into your legal options. Our team will note the circumstances of your arrest and determine if your legal rights and/or Constitutional protections were violated in some way.

Learn more About Your Legal Rights and Options

For more information about drunk driving charges and all of your legal rights and protections, be sure to contact our DUI and criminal defense law firm today. We at The Law Office of James Novak will fight diligently for you.

Many clients who come to us have questions about the cost of a DUI offense. We’d like to look at some of the fines and monetary penalties that are attached to a drunk driving arrest.

The Fines for DUI Arrests in the State of Arizona

DUI fines in the state of Arizona vary based on the number of offenses currently on your record. However, in the state of Arizona, even a first offense comes with a $1,250 fine and potentially 10 days in jail. Additionally, for a first offense, you may also face mandatory alcohol and drug education, an ignition interlock for every one of your vehicles, and/or community service. Any costs will be shouldered by the person charged with DUI.

For a standard second offense, the DUI fines in Arizona would increase to $3,000 and a mandatory 90 days in jail.

Extreme DUI in the State of Arizona

In the state of Arizona, DUI offenses can also be tiered based on severity. A more severe DUI offense is referred to as an Extreme DUI.

An Extreme DUI is determined based on your blood alcohol content (BAC). For a DUI to be considered extreme, your BAC would have to be 0.15% or higher.

For your first Extreme DUI in the state of Arizona, you would be facing a fine of $2,500 (or more, depending on the severity) and 30 days in jail. For your second infraction, you would face a fine of $3,250 and a minimum of 120 days in jail.

In addition to all of these fines and penalties, you would also be subject to mandatory alcohol and drug education, an ignition interlock for every one of your vehicles, and/or community service.

Aggravated DUI in the State of Arizona

The most severe form of DUI in the state of Arizona is referred to as Aggravated DUI.

To be considered an Aggravated DUI, the driver would be operating his or her motor vehicle with a driver’s license that has been suspended, revoked, or canceled. Additionally, after your third DUI offense (either Extreme or Standard), you immediately become subject to the penalties associated with an Aggravated DUI. Additionally, if you commit DUI in the state of Arizona with a passenger that is 15 years old or younger, you immediately become subject to the penalties associated with Aggravated DUI.

For a first offense of an Aggravated DUI, you will likely be sent to prison for 2 years. Additionally, your driver’s license will be revoked for at least 3 years (if it hasn’t been revoked prior to your Aggravated DUI). As you would face with either an Extreme or Standard DUI, you would also face mandatory alcohol and drug education, an ignition interlock for every one of your vehicles, and/or community service.

A Criminal Defense Attorney Is Crucial

Given the costs involved and the other penalties associated with the DUI charge, it’s important that you have a skilled attorney on your side. We will work to ensure that you receive a fair hearing and that penalties, fines, and other matters are considered carefully, fairly, and with due diligence.

Speak with Our Drunk Driving Defense Legal Team Today

If you or someone that you love has been arrested for drunk driving, be sure to contact our DUI and criminal defense attorneys today. We are here to make sure the system works by providing you with a vigorous legal defense.

Tuscon News Now recently reported on the number of drunk driving arrests in Arizona over the recent Thanksgiving weekend (Friday, November 28th through Monday, December 1st). The numbers came from the Arizona Governor’s Office of Highway Safety, though the findings have yet to be posted on their official website. We’d like to look at some of these numbers right now as they can offer some insight into drunk driving trends during holiday weekends.

A Downturn In Arrests and Traffic Stops

According to the numbers, DUI arrests during the Thanksgiving weekend were down 12.26% from last year, with 424 total arrests in 2013 but 372 this year. This is likely due to the fact that the total number of vehicles stopped went down by 10.8%.

Considering Underage DUI Arrests This Year

The numbers from the Governor’s Office also show a slightly reduced number of underage DUI arrests this year. In 2013, there were 23 underage DUI arrests, while this year there were 22. Even though this is a negligible decrease in numbers, they are perhaps to be expected since there were fewer total traffic stops this year overall.

An Increase In Repeat DUI Offenders

While the numbers may have been down with arrests and total stops, there was an increase this year in repeat DUI arrests. In 2013, 32 people were arrested with a repeat DUI arrest, while this year, the number increased to 46 arrests. Repeat DUI offenses such as these are considered felony DUIs, whereas regular DUI arrests are treated as misdemeanors.

An Increase In Aggravated DUI Arrests

In addition to repeat DUI offenses, aggravated DUI arrests increased this year. Aggravated DUI is also considered a felony and occurs when a person is driving drunk with a suspended or revoked license, has a passenger age 15 or younger in the vehicle while driving drunk, or has committed three or more DUI offenses within the last 7 years.

In 2013, there were 36 total aggravated DUI arrests, while this year, there were 43 total aggravated DUI arrests.

Average BAC Shows Extreme DUI Arrests

The legal limit for blood alcohol content (BAC) is 0.08%. However, arrests during the holiday weekend were in excess of that number, almost twice the legal limit, in fact. When a person’s BAC is 0.15% or higher, they will be charged with an Extreme DUI rather than a more traditional drunk driving charge, which has more severe penalties.

This year, the average BAC of arrested motorists was 0.152%, meaning that those arrested were extremely intoxicated. There were 105 Extreme DUI arrests made over the Thanksgiving weekend.

Read the Tuscon News Now Report for Yourself

For a full breakdown of the numbers in 2013 and 2014, we encourage you to read the Tuscon News Now reports by clicking this link. This can help provide some perspective on the nature of these arrests and these incidents.

We’d also like to add that with Christmas and New Year’s fast approaching, be sure to be safe and responsible when you are behind the wheel.

Contact The Law Office of James Novak

If you or someone you care about has been charged with drunk driving, be sure to speak with an attorney to ensure you get a fair shake from the law. To schedule a legal consultation, contact our DUI defense law firm today. We at The Law Office of James Novak are committed to providing a robust defense and solid legal counsel.

We know that many minors face legal matters that involve alcohol and fake identifications. With this in mind, we’d like to consider what happens when you are a minor and charged with using a fake ID.

Legal Penalties for Using Fake Identification

Legal penalties for using fake ID to purchase alcohol or enter a bar include the following:

• 
  Up to six months of jail time
• 
  Fine of up to $2,500
• 
  Suspension of diver’s license
• 
  Restriction from applying for a driver’s license for six months

In addition to the above, additional penalties may be applied, resulting in even harsher punishment than already specified. The exact circumstances of your case will determine the additional fines and penalties applied to the above.

We covered the consequences and legal penalties of using fake IDs to purchase alcohol in more detail in a previous post on this blog. We encourage you to read that post for additional information about the legal penalties that are associated with these charges.

What can I do if I have been charged with using a fake ID?

Given that we’ve written about the legal penalties already, we want to consider the next important issue regarding these charges. Let’s shift our focus to how a legal defense strategy would work if you or your child has been accused of this crime.

Looking at the Circumstances of the Arrest

If a minor is pulled over by law enforcement, it’s important to consider the legality and the Constitutionality of the action. The most important question to consider is if the arresting officer had a good reason to pull you over. If you were abiding by all traffic laws and your vehicle was functioning properly (e.g., all lights and blinkers working properly, proper plates and tags on vehicle), you may have been pulled over without reason and had your rights violated.

If a fake ID was discovered by the proprietor/employee of a liquor store, bar, or club, the nature of the incident must be carefully considered. They are clearly not subject to the same scrutiny as an officer of the peace, and yet there may be questionable actions on their part that can help us craft a strong legal defense.

In essence, we always want to make sure that nothing transpired leading up to the arrest that may be considered illegal, unethical, or out of the ordinary. Odd circumstances may be brought up to help reduce penalties or argue that certain charges ought to be dropped.

Presenting Evidence That Speaks to Fairness

Our goal is to make sure the system works, which means that we will always delivery a robust defense no matter what penalties you face. We will work to reduce punishments and advise clients on what they can do following their case to address their needs going forward. Just know that our lawyers will be here for you, and that is a promise that you can count on.

Speak with Our DUI Criminal Defense Attorneys

If you have been accused of using a fake ID to purchase alcohol or your have a son or daughter who has been accused of this crime, be sure to contact our DUI criminal defense attorneys today. We at the Law Office of James Novak will make sure that your have a strong defense in place and that you receive a fair shake from the law. We want to make sure our system works for everyone.

The idea of a strong legal defense is important when a person is arrested for drunk driving. We would like to take a basic look at some common DUI defense strategies that can help drunk drivers in their time of legal need.

Focusing on the Circumstances of Your Drunk Driving Arrest

One of the initial focuses for drunk driving attorneys will be the circumstances of the traffic stop. Law enforcement should have a probable and/or legitimate cause for pulling someone over. When law enforcement does not have a probable cause for pulling a motorist over, the motorists’ Constitutional rights have been violated.

When arrested, there may also be an issue of the officer not reading you your Miranda Rights, which is a serious violation of your Constitutional rights and flies in the face of basic police officer protocol.

Problems with the Unscientific Field Sobriety Test

Field sobriety tests are inherently flawed in that they are not scientific measures of blood alcohol content (BAC) or sobriety. Many times field sobriety tests are improperly administered, which means that motorists may fail the sobriety test unfairly.

It should also be noted that anxiety and nervousness can contribute to failure of a field sobriety test, a matter that must be taken seriously. These issues with stress and nervousness can be the result of intimidation on the part of law enforcement, which also needs to be brought up in your case if it occurred.

Issues with Breathalyzer Accuracy and BAC

While many officers rely on breathalyzer tests to assess a person’s BAC, there have been instances in which the breathalyzer misreads BAC. Other contaminants and factors can lead to improper readings of a breathalyzer, including the presence of alcohol from medical or dental treatments on the mouth, the use of cold medicine or mouthwash, and even acid reflux.

Problems with the Accuracy of Blood and Urine BAC Tests

In addition to problems with breathalyzer tests, there have also been cases in which blood analysis and urine analysis for BAC have provided incorrect readings as a result of sample contamination and/or shoddy lab work. In addition, false readings may be reached in urine tests of a driver has not urinated in a long time prior to the test, which can result in a much higher concentration of alcohol in the analysis than actually present in the driver’s system.

Noting Other Issues with the Nature of the Traffic Stop

If there was a witness present in the vehicle or passing by who can testify regarding your sobriety, this can be a crucial part of the defense strategy. The same goes for any witnesses who can note improper actions, harassment, intimidation, or mistakes made on the part of the arresting officer.

In addition, there may be sufficient evidence that demonstrates that a driver was sober or well within the legal limit even though a blood, breath, or urine test may suggest otherwise. These will be noted as the defense strategy is generated based on the circumstances of your arrest.

Speak with a DUI Defense Attorney

If you or someone that you know has been charged with drunk driving, it’s important that you contact our DUI and criminal defense law firm today. We at the Law Office of James Novak will help ensure that you receive a fair hearing and that you understand all of your legal options during each step of the litigation process.

We notice that many people who are not of legal age to drink often make poor decisions and attempt to purchase alcohol or gain access to bars. Many times this is done with the use of a fake ID. These kinds of choices shouldn’t be taken lightly since it’s a serious crime.

Using Fake Identification is Illegal

Any use of a fake document as proof of age is a violation of the law. This covers the use of a fabricated ID that makes you seem older as well as the use of another person’s ID in an attempt to pretend you are that individual.

Even tampering with or altering a legitimate form of government identification such as a passport or a driver’s license is against the law.

Penalties for the Use of Fake IDs

The penalties for using a fake ID are stiff and vary a bit depending on the circumstances.

Those who use a fake ID to misrepresent their age and purchase alcohol are subject to a fine of up to $2,500 as well as up to six months in jail. In those cases, the person’s legitimate driver’s license is suspended for six months if he or she is convicted. When the minor does not have a legitimate driver’s license, they will be disallowed from applying for a license for six months.

If a minor uses another person’s identity to create a fake ID, this is a potential act of identity theft. Fines can reach up to $150,000 and violators may also be required to spend a year and a half in prison.

Additional Penalties Can Mount from Related Charges

The use of a fake ID is not the only thing that you can be charged for. The penalties can mount up given the circumstances of your case.

For instance, it is a violation of Arizona state law for a person under the age of 21 to drink, purchase, receive, or have in their possession an alcoholic beverage. The same goes for minors falsifying their identity to get into a bar or club. If a minor who is a drunk driver present his or her fake ID to a police officer, that is also a crime. All of these carry their own penalties.

Knowing Your Legal Options and What You Can Do

Given the severity of multiple charges stacked together, it helps to have a skilled attorney working with you on your case. Our firm will help you make smart legal decisions with regard to all such issues, finding ways to reduce penalties when possible.

Learn More About Drunk Driving Cases

For more information about the legal penalties related to drunk driving cases, be sure to contact our DUI defense attorneys today. The entire team looks forward to meeting you in person and helping you with all of your legal needs. We will help you make the right choices with regard to your legal options.

One issue that comes up a lot is the legal penalties for people under the age of 21 who are caught driving drunk. Let’s look at these matters right now.

Drunk Driving at Any Age Is No Laughing Matter

We want to stress that drunk driving is a serious offense and that people should not get behind the wheel when they have had too much to drink. Yet many minors obtain alcohol illegally and engage in dangerous behavior that puts themselves and others at risk.

Legal Age and the Legal Limit

The legal age to consume alcoholic beverages in the state of Arizona is 21.

While the legal limit in Arizona is 0.08 for people of age, there is a zero tolerance policy for minors. This means that there should be no alcohol found in their system if they are pulled over.

Zero Tolerance Means Zero (with Two Exceptions)

While zero means zero for the vast majority of underage motorists, there are two specific exceptions to this strict BAC law:

• Religious Exception – The alcohol was discovered in the minor’s system as a result of a religious ceremony
• Medical Exception – The alcohol was discovered in the minor’s system as part of a medical procedure

Even if an underage motorist meets one or both of these exceptions, the motorist should still be sober in general and not putting others in danger due to reckless habits on the road.

Penalties for Drunk Driving Offenses

For first-time drunk driving convictions of a minor, he or she will face the following in addition to other penalties:

• Imprisonment of 24 hours to 10 days
• A fine of $1,600
• License suspension for up to a year

Keep in mind that there is a look-back period even if a drunk driver is caught behind the wheel and of age.

For second-time drunk driving convictions within seven years of the initial conviction, the driver will face the following penalties:

• Imprisonment of up to 90 days
• A fine up to $2,500
• License suspension for one year

Other Charges Can Mount Up

In addition to other fines and required actions associated with the drunk driving charge, underage drivers may also face additional charges based on their age, including

• Possession of alcohol by a minor
• Distribution of alcohol to passengers
• Possession of false ID
• Moving vehicle violations (e.g., speeding, reckless driving)

Legal representation is crucial in these cases given how all of the penalties may stack against you. That’s why our attorneys are here to help.

Learn More About Drunk Driving Cases

If you or your child has been charged with drinking and driving, it’s important that you have skilled lawyers on your side. Be sure to contact our DUI defense attorneys today.

Auto Accidents Caused by Drunk Driving

Drunk driving always has to be taken seriously. According to the Foundation for Advancing Alcohol Responsibility, there were 31,263 drunk driving arrests in the state of Arizona in 2012. There were a total of 227 alcohol-related driving fatalities in that year.

According to numbers from Mothers Against Drunk Driving, there were 5,428 alcohol-related car crashes in 2012, 3,720 of which resulted in injuries. Given these numbers, you can understand why law enforcement is very stringent with such matters.

Aggravated DUI/Felony DUI

If you are driving under the influence and cause an auto accident to occur with another motorist, a bicyclist, or a pedestrian, you will be charged with an Aggravated DUI (aka Felony DUI). An Aggravated DUI charge is far more serious than a regular DUI charge simply given the circumstances of the incident and the arrest.

Your blood alcohol concentration will also determine if you are charged with an extreme DUI (BAC of 0.15 to 0.19) or a super extreme DUI (BAC of 0.2 or greater).

Penalties for Aggravated DUI/Felony DUI

The penalties for a Felony DUI are harsh. An Aggravated DUI is a Class 4 Felony, which means that those arrested for an Aggravated DUI can face between 1.5 to 3 years of prison and pay fines of up to $150,000. Repeat DUI offenses or other charges may add to these penalties, which is why getting legal representation on your side will be critical.

In addition to jail time and the fines associated with the Aggravated DUI charge, you can also expect the following additional penalties:

• Revocation of your driver’s license for at least three years
• Probation for up to five years
• Mandatory community service
• Mandatory traffic school
• Mandatory drug/alcohol screening or counseling
• Installation of an ignition interlock device
• Points on your driving record
• Felony conviction on your criminal record

How Our Legal Team Can Help You

It’s important that those arrested of an Aggravated DUI/Felony DUI get a skilled criminal defense attorney on their side. A DUI defense lawyer will make sure that you receive a fair shake from the law, going over all evidence and ensuring that the legal system works as designed. Your attorney will look into ways of reducing the penalties that you face, making bargains on your behalf while also advising you on your legal options going forward.

Do not make a mistake and attempt go it alone, especially when facing such dire charges. You need the team at the Law Office of James E. Novak on your side.

Learn More About Your Legal Options

If you or someone you love has been involved in a drunk driving auto accident of any kind, it’s of the utmost importance that you contact our Tempe, Arizona DUI defense lawyers today. The team at the Law Office of James E. Novak can help you in your time of legal need and ensure that our system works fairly for you.