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.

Looking at the Status of Your DUI Case

Moving to a new state with a DUI brings up questions about how to complete your case or what to do about getting a driver’s license once you are settled. The answers to these questions can depend on the stage of your DUI case, and what steps are still left to be completed.

If you have appeared in Court for the initial hearing and made an agreement with the prosecution, you may be under a term of probation. While this stage may feel like the case is over because you may not be required to return to Court, there are still critical pieces of the puzzle to complete. In order to receive the benefit of the bargain you made when entering probation, you will have to finish out your probationary term. In most instances, this means staying out of trouble and not receiving any new tickets or arrests. This includes tickets or arrests in another state, which can be reported to the state where the DUI was given. If one of the terms of your probation limits your ability to move, then relocating may not be an option until it is finished.

If you have not yet appeared in Court you may be permitted to move out of state, but might have to return for a hearing. The Court will maintain jurisdiction of the case, and has the ultimate decision making authority in how the case is finally decided.

Are the Charges Still on Your Record?

Many first-time DUI offenders opt to resolve the case against them by agreeing to a term of probation. At the end of the term, if all of the probationary requirements have been met, the prosecution typically agrees to a reduced charge. In some circumstances, it is possible to have the charges removed from your record after successfully completing probation and this can be beneficial if you plan to apply for certain licenses or relocate. Certain types of licenses or even rental agreements become unavailable for persons with criminal records, but if you expunge the record the charge is no longer visible. An expungement can help you when applying for a job that requires no prior record, and can also help you when applying for a driver’s license in a new state. If the charges you seek to expunge are traffic-related, it is best to have them cleared from your record so harmful data is not noted on your driving history. A clean driving record is key not only to favorable insurance rates, but also to the ability to obtain a license. If you plan to move out of state and have had a DUI in the past, it is a good idea to talk over your options with a knowledgeable DUI defense attorney.

Where to Turn for Help with DUI Matters

If you have been arrested for DUI, call the Law Offices of James E. Novak, P.C. We have experience helping people charged with DUI in maintaining driving privileges and minimizing the damage done by an arrest. Contact us online to learn more about your options.

How Your Breathing Can Affect A Breath Test

A breath test machine is designed to measure the amount of alcohol in a persons’ system by measuring the amount of alcohol in the breath. When the machine is blown into, it will give off a reading that translates to a BAC (blood alcohol content) level, if that level is higher than what is allowed by law, the driver can be arrested and charged with DUI. Because the test requires a person to blow into the device, how that person is breathing plays a role in the result. Taking a deep breath allows the alcohol stored at the bottom of your lungs to make its way to the top, and thus be the first thing measured by the testing device. The end result is a higher BAC level, otherwise known as a false positive. A more natural breathing pattern will yield a more accurate result and drivers should not allow an officer to require a large inhale before taking a breath test.

Possible Defenses To Breath Tests

Along with knowing the correct way to breathe prior to taking a breath test, there are also other common challenges that are made to test results, including:

• Questioning the maintenance of the equipment, and poking holes in the prosecution’s case by pointing out the machines have not been properly cleaned or maintained. A machine that is not kept properly will not give off a reliable result.
• Attacking the training of the person administering the test. Breath tests are supposed to be given by persons properly trained to do so, and it is within the suspect’s right to question that training. When training is lacking or inadequate, the test results may not be accurate.
• Examine the waiting time requirements. If those were not followed, the test results should be called into question.

You may also be able to challenge a breath test result by introducing evidence of the existence of another substance. Some medications can give off a false positive when taking a breath test, and certain medical conditions may also impact the way the test is read. Whatever the circumstances, it is always in your best interest to challenge a breath test and fight for your right to drive.

Where to Turn For DUI Defense Help

If you have been arrested for DUI, call the Law Offices of James E. Novak, P.C., for help. We focus on DUI and criminal defense, and have realized success in minimizing the negative implications a DUI arrest can have. Contact us online or call our office at (480) 413-1499.

What is Being “Impaired to the Slightest Degree”?

Being impaired to the slightest degree is another way for the officer to make a DUI arrest. If a driver is in actual control of a motor vehicle while under the influence, the arresting officer can write a ticket for DUI under the concept of being impaired to the “slightest degree”. This may not be impairment over the .08% legal limit, but is still a charge of DUI nonetheless. The standard used to make this determination is not what one might typically think; the breathalyzer test. And even though a breath test is subject to attack, there is slightly more scientific reliability to a breath test result than there is to the subjective opinion of an officer making a claim of slight impairment. Things like bloodshot eyes, slurred speech, walking unsteadily, and having an odor of alcohol about your person are all factors an officer will point to when making a slightly impaired DUI arrest. These subjective “facts” can be difficult to overcome, but not impossible. A qualified DUI defense attorney will know where to expose weaknesses in the case against you and minimize the chance of a conviction.

What is The Possible Punishment for a Slightly Impaired DUI Arrest?

The range of punishment for a DUI case, including a DUI and being impaired to the slightest degree is:

• Incarceration of up to 180 days
• Loss of driving privileges for up to 90 days
• The requirement to have an interlock device installed in your car for up to 6 months
• Community service
• Probation

There is also the chance that a driver convicted of DUI will have harmful points added to their driving record. When points accumulate on your driving record you risk losing your right to drive, and you also have to pay a higher auto insurance premium. To avoid these harsh consequences, every defendant charged with DUI must stand firm and vigorously defend DUI charges of all types.

Where to Turn For DUI Defense Help

If you have been arrested for DUI, call the Law Offices of James E. Novak, P.C., for help. We focus on DUI defense and have had success at minimizing the negative implications an arrest can have. Contact us online or call our office at (480) 413-1499.