Around Christmas, Hanukkah, and New Year’s, state troopers know that drivers are more likely to get behind the wheel of a car under the influence of alcohol or drugs. With celebrations happening at an increased rate, drivers can easily become less vigilant about driving safely and about arranging for a designated driver ahead of time. Because of statistics that point to a clear increase in drunk driving during the month of December, officers put more time and resources into monitoring for DUIs at the end of the calendar year.

In Arizona, a person who drives with a blood alcohol concentration (“BAC”) of .08 or higher is over the legal limit. For a first offense, when the BAC is between .08 and .149%, a driver faces a minimum of ten days in jail; when the BAC is between .15 and .199%, a driver faces a minimum of 30 days in jail; and when the BAC is over .20%, a driver faces a minimum of 45 days in jail. Each of these sentences is also accompanied by fines, license suspensions of at least 90 days, and orders to install ignition interlock devices as a method of surveillance.

When you want to be spending your holidays at home, with family and friends, these consequences become not only inconvenient but also incredibly damaging to your record and burdensome on your time and resources. Because facing DUI charges is never timely, the best thing you can do for yourself is to make a plan so that you never find yourself at risk in the first place.

Always remember to arrange for a taxi, an Uber, or a designated driver if you know you will be drinking. Even if you know you will only be enjoying one or two drinks, it is safer to avoid giving officers a reason to suspect that you have any substances in your system at all. Make a plan and stick to it – you never know how much trouble you will save yourself in the process.

Are You Looking for a DUI Attorney in Arizona?

If you are facing charges for a DUI in Arizona, give us a call at the Law Office of James E. Novak. We fight aggressively to get our clients’ charges dropped, and we have been recognized by the national legal industry for our award-winning DUI defense. For your free and confidential consultation, give us a call today at 480-413-1499. You can also fill out our online form to get your questions answered.

The holidays are always a time when troopers maintain a more active presence on the roads, and, according to a recent news report, troopers have pulled more people over around 2021 holidays than they had in 2019 and 2020. Fourth of July, Labor Day, Cinco de Mayo, and Halloween all saw increases in the number of DUI arrests compared to 2020. In particular, 2021 Halloween arrests were more than Halloween arrests in 2019 and 2020 combined.

The day before Thanksgiving is the first day to be extra careful on the roads this holiday season; the NHTSA reports that 800 people died in the U.S. due to DUI accidents during the Thanksgiving holiday period from 2013 to 2017. Popularly known as “Whisky Wednesday”, the day before Thanksgiving will be a day when state troopers to pull over more people than they typically would.

Christmas Day is another day where drivers should exercise caution. Evidence from BACtrack shows that there are at least 45 DUI accidents per day in the United States during the three-day Christmas holiday period, making it another time that officers will be on the lookout for people to pull over.

Lastly, New Year’s Eve and New Year’s Day is a popular drinking period, and police officers will have this in mind when they are patrolling the roads. ValuePenguin reports that the two-day New Year’s holiday sees an average of 31.7 DUI deaths per day, with more DUI arrests and DUI hit-and-run accidents reported. With this data in mind, police officers will be ready to crack down on any driver they deem suspicious.

It is important to exercise caution when traveling to visit friends and family as we round out 2021. Police will be eager to pull over those who are driving under the influence this next month. What’s more, there is a law in Arizona requiring DUI offenders to install an ignition interlock device at the driver’s own expense. This device connects to the driver’s car and will not allow the vehicle to start unless the driver’s BAC is under .02. To avoid this and other possible charges, stay safe over Thanksgiving, Christmas, and New Year’s by driving responsibly.

Have You Been Charged with a DUI in Arizona?

If you are facing DUI charges in Arizona, you are not alone. At the Law Office of James E. Novak, we will stand with you to fight your charges and make sure you have the best representation possible. We have extensive experience handling all criminal matters, including Arizona drunk driving charges, and are committed to working with you to develop a compelling defense to the charges you face. To learn more, and to speak confidentially with our firm, give us a call to schedule a free consultation at 480-413-1499.

Driving under the influence can have a serious impact on a motorist and anyone in their path. In addition to causing severe bodily injury and death, driving under the influence (DUI) in Arizona can result in hefty penalties, criminal charges, and incarceration. In addition to alcohol, driving under the influence includes any substance that may impair a person’s ability to operate a vehicle safely, such as both illegal and prescription medication. According to the Arizona Department of Transportation (ADOT), there are nearly 5,000 alcohol-related collisions, resulting in over 250 deaths every year.

Prevention is the most important step that an Arizona motorist can take to avoid causing serious injuries or death to themselves and another. However, the inherent nature of alcohol consumption is that it impairs a person to make wise judgments. Individuals attending holiday events should plan ahead to make sure that they have safe transportation. Further, Arizonians should avoid drinking while driving, which may be an issue during this time of “drive-by” celebrations and holiday gatherings.

In Arizona, individuals operating a vehicle with a blood-alcohol content of 0.08 may face a DUI charge. In addition, under Arizona Revised Statute 28-1381, a person may face DUI charges if they exhibit an impairment to the “slightest degree.” The statute allows law enforcement to pull a motorist over if they exhibit any sign of impairment. This means that a driver who only had one drink or is experiencing fatigue may still face DUI charges.

It is important that motorists know their rights if they get pulled over by an officer or approach a mandatory DUI checkpoint. Arizona drivers have the right to decline field sobriety tests, such as walk-and-turn tests, balance checks, and gaze checks. Further, although drivers must provide law enforcement with their license, registration, and insurance, they may politely decline to answer incriminating questions. Motorists also maintain the right to a lawyer if they are arrested. Finally, arresting officers must give anyone arrested their Miranda Rights before asking them to make any statements.

Have You Been Arrested for a DUI in Arizona?

If you have recently been arrested for any type of Arizona drunk driving offense, contact the Law Office of James E. Novak for immediate assistance. Attorney Novak has extensive experience successfully representing Arizona clients facing all types of accusations. DUI crimes are serious charges and require a dedicated and experienced attorney. Attorney Novak possesses the legal acumen and litigation experience to provide you with the aggressive representation you need and deserve when taking on the prosecution. To learn more, contact Attorney Novak at 480-413-1499, to discuss your charges.

In previous years, the number of Arizona DUI arrests was significantly higher. For example, in 2019, law enforcement officers stopped over 15,00 motorists, arresting over 5,200 for DUI-related offenses. The consensus is that fewer people ventured out this year due to concerns over the COVID-19 pandemic. However, opinions differ as to the extent to which the rate of drunk driving increases over holiday weekends. Some claim that most of the increase in DUI arrests is due to law enforcement’s aggressive enforcement measures.

Things to Keep in Mind When Getting Pulled Over

Seeing the dreaded blue-and-red lights in the rear-view mirror is a fear almost all motorists have. However, these fears are heightened when someone is pulled over at night, over a holiday weekend, or after having one or two drinks.

Police will often pressure motorists to admit to things they do not need to admit to or agree to a search of their vehicle when there is no legal justification for a search. However, once words leave a motorist’s mouth, the effect of those words cannot be taken back. Thus, motorists must understand their rights during an Arizona traffic stop.

Police officers can pull over a vehicle if they have a reasonable suspicion that the motorist committed a traffic crime, or probable cause to believe that the motorist committed a traffic violation. Driving under the influence is a crime, rather than a traffic violation, so officers must only have a reasonable suspicion to stop a car.

Once an officer stops a motorist, the motorist has certain rights. For example, a driver does not need to consent to a vehicle search, and the officer can only search the vehicle if they have probable cause to do so. Similarly, while an officer can ask the motorist some questions, they cannot extend the traffic stop beyond the time needed to address the reason for the stop. In other words, police officers cannot go on “fishing expeditions” by asking motorists question after question unrelated to alleged violation or offense.

Those who have been arrested for an Arizona DUI offense may have a valid defense to the charges, even if a blood-alcohol test revealed that they were legally intoxicated.

Speak with an Experienced Tempe DUI Attorney for Immediate Assistance

If you have recently been arrested for an Arizona drunk driving offense, contact Attorney James E. Novak. Attorney Novak is a veteran Arizona criminal defense attorney with decades of experience handling all types of DUI offenses. To learn more, and to schedule a free consultation to discuss your case with Attorney Novak, call 480-413-1499 today.

• New Year’s Day
• Fourth of July
• Thanksgiving weekend
• Labor Day
• Memorial Day

The Arizona Governor’s Office of Highway Safety keeps track of how many arrests police officers make for drunk-driving related crimes. Leading up to Memorial Day, law enforcement anticipated a spike in DUIs, as is customary each year. In fact, in some years, there are as many as 50 percent more Arizona drunk driving arrests over Memorial Day weekend. This year was also unique in that it was the first long weekend since the expiration of the Governor’s stay-at-home order, which was issued in response to the COVID-19 pandemic.

According to a recent news report, Arizona law enforcement made about half the traffic stops they did in 2019, and arrested about 100 fewer drivers. In 2019, there were 18,364 motorists stopped, with 503 of them arrested for suspicion of driving under the influence. In 2020, the number of traffic stops reduced to 9,395. Of those, 405 were arrested for suspicion of DUI. Specifically, 58 were arrested for Extreme DUI (having a blood-alcohol content of .15 or more), and 167 were arrested for driving under the influence of drugs. Notably, arrests for drugged driving has increased now for the fourth year in a row. For those arrested for drunk driving, the average blood-alcohol content was .153. The legal limit in Arizona is .08.

While people are arrested for Arizona DUIs throughout the year, police departments across the state step up enforcement over these holiday weekends. During times of peak enforcement, law enforcement officers are on patrol, specifically looking to make DUI arrests. This sort of mentality creates an environment where police officers may disregard – consciously or subconsciously – the constitutional rights of motorists. As they say, “to a man with a hammer, everything looks like a nail.” For example, officers who are looking for drunk drivers may interpret even the slightest driving error as a sign of intoxication when, in reality, it could just as easily have been an innocent mistake.

When a police officer makes a DUI arrest, they often must rely on their gut instincts. However, they also must respect the constitutional rights that all motorists enjoy. When police fail to follow the proper procedures, any evidence recovered – including breath and blood test results – may not be admitted at trial. Those who have been arrested for an Arizona DUI offense should reach out to a dedicated criminal defense attorney as soon as possible.

Contact an Experienced Tempe DUI Lawyer

If you have recently been arrested and charged with an Arizona drunk driving crime, contact Attorney James E. Novak for immediate assistance. Attorney Novak is a veteran criminal defense attorney who has extensive experience handling all types of Arizona DUI cases. With his assistance, you can rest assured that your future is in good hands. To learn more, and to schedule a free consultation today, call 480-413-1499.

In the recent article, a spokesperson for the Governor’s Office of Highway Safety encouraged everyone to have a good time, which, he acknowledged, may involve consuming alcohol. However, he urged those who drank alcohol to take an Uber, Lyft, or some other form of transportation rather than get behind the wheel.

The period beginning on Halloween and going through the New Year is a time when law enforcement is out in droves searching for those who are driving under the influence. While motorists are advised to arrange for alternate transportation when they have had too much to drink, it is also vital they understand their rights when there is an increased police presence on the road.

Sometimes, police officers initiate a traffic stop based on an objective fact about a motorist’s driving or their vehicle; for example, an expired tag, a burnt-out light, or tinted windows. However, other times, an officer pulls over a driver based on a subjective belief that they were intoxicated. This may include an observation that the driver momentarily drifted out of their lane, or was not maintaining a consistent speed.

In either case, an officer will use whatever information they can during the traffic stop to support their predetermined belief that the driver is intoxicated. Thus, nervousness, indirect answering of questions, or even the smell of fresh cologne or perfume may be used by the officer as evidence of intoxication if he believes it was being used, for example, to mask the smell of alcohol or marijuana.

Officers may also try to get a driver’s consent to search their car. Consent cannot be coerced, and must be voluntarily given. Also, unless they have arrested the driver, police cannot search a vehicle unless they have probable cause to do so, at which point they do not need a motorist’s permission. Thus, agreeing to allow an officer allows them to bypass the probable-cause requirement.

Have You Been Arrested for an Arizona DUI?

If you have recently been arrested and charged with an Arizona DUI crime, contact Attorney James E. Novak for immediate assistance. Attorney Novak is a preeminent Tempe criminal defense attorney with extensive experience defending those charged with all types of DUI offenses, including extreme DUI, super extreme DUI, and felony DUI. As a former prosecutor, Attorney Novak understands how the other side thinks, and how they approach cases. With this knowledge, he can better negotiate on his clients’ behalf and, if necessary, develop a successful trial strategy. To learn more, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• A.R.S. 28-1382 – Arizona’s Extreme DUI Statute
• A.R.S. 28-1384 –Arizona’s Aggravated DUI Statute

The article lists a few other interesting facts:

• 109 motorists were arrested for extreme DUI, with a blood-alcohol content (BAC) in excess of .15
• 149 motorists were arrested on suspicion of driving under the influence of drugs
• The average BAC among all motorists arrested for DUI was .144
• 3,200 law enforcement officers were part of the enforcement effort
• This year arrests increased from 2018, when 483 people were arrested for DUI over Memorial Day weekend
• Both 2019 and 2018 showed a decrease from the 552 DUI arrests made Memorial Day weekend in 2017

While Arizona law enforcement frequently targets motorists over Memorial Day weekend, they have also been known to focus their efforts on other major drunk-driving holidays, including Thanksgiving weekend, 4th of July, New Year’s Eve, and Saint Patrick’s Day.

When police decide to step up DUI enforcement efforts, individual police officers too often go out of their way to look for and arrest drunk drivers. Even when there may not be a reason to do so. Motorists should always keep in mind the following tips when dealing with overzealous police officers looking to make an arrest:

• Do not give the officer any reason to fear for his or her safety: After stopping the car, turn it off and put your hands on the wheel. If it is dark out, consider turning the interior lights on so the officer can see inside the vehicle.
• Be careful what you say: Try not to argue with the police officers regarding the basis of the stop. At the same time, you do not need to speak unless spoken to. And avoid admitting to anything.
• Know your rights: If an officer asks you out of the car, they must have a reasonable suspicion that you (or a passenger) committed a crime. Police officers do not need a warrant to search your car after a DUI arrest, but must establish probable cause to do so.

Of course, every person, police officer, and traffic stop is different, so the above tips are just general advice and do not constitute legal advice for any particular situation or arrest. Anyone who has been arrested for an Arizona DUI should consult with a dedicated criminal defense attorney immediately.

Do You Need an Attorney?

If you have recently been arrested for an Arizona DUI offense, contact Attorney James E. Novak for assistance. Attorney Novak is an experienced Tempe criminal defense attorney with extensive experience handling a wide range of DUI cases, including DUI checkpoints, extreme DUIs, and DUI accident cases. To learn more how Attorney Novak can help you defend against the charges you face, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• • A.R.S. 28-1382
  • A.R.S. 28-1381

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

At The Law Office of James Novak, we take DUI defense strategies and cases very seriously, and we meet with numerous people throughout the Phoenix area who have been arrested during this particular holiday weekend. Let’s consider the 4th of July and DUI arrests right now.

Arrest Numbers Down for the Fourth of July This Year

Thankfully the DUI arrest numbers seemed to have gone down in 2015.

According to The Arizona Republic, DUI arrests were down 20% this year during the 4th of July weekend. While that’s a potentially positive sign about these matters, motorists and others on the roads need to be wary and cautious.

Drunk Driving During the Fourth of July Can Be Deadly

Even though the numbers were down this year, drunk driving on the 4th of July has to be taken very seriously.

Data from the National Highway and Traffic Safety Administration (NHTSA) noted incidents of drunk driving on the 4th of July between 2009 and 2013. The 4th of July proved to be a very deadly time when it came to drunk driving. 750 people were killed in drunk driving accidents on the 4th of July in which drunk motorists had a DUI beyond the legal limit of 0.08. During this five-year period, these 4th of July fatalities accounted for roughly 39% of all auto accident fatalities in the United States.

Extreme DUI and Super DUI: Excessively High BAC

Given the numbers above, it should come as no surprise that major intoxication is an issue with DUI arrests within the state. We’ve noticed that Extreme DUI (BAC 0.15+) and Super DUI (BAC 0.20+) are both common issues around this holiday weekend. In fact, numbers show that roughly 34% of all DUI arrests over the 4th of July holiday are Extreme DUIs.

What an Extreme DUI and Super DUI Mean for Those Arrested

Both Extreme DUI and Super DUI hold major penalties for those who are arrested and charged, with penalties that go beyond that of traditional DUI arrests.

For first offense Extreme DUI, the penalties include the following:

• Minimum 30 days jail time
• Fine of at least $2,500
• Up to 5 years probation
• Driver’s license suspension of 90 days
• Installation of an ignition interlock device

For Super DUI, the penalties include the following:

• Minimum 45 days jail time
• Fine of at least $3,000
• Up to 5 years probation
• Driver’s license suspension of 90 days
• Installation of an ignition interlock device

How a Drunk Driving Attorney Can Help You

These penalties can have a serious impact on your life and your livelihood, which is why it’s so important to have a skilled defense attorney on your side. A DUI lawyer will examine the circumstances of your case and carefully devise a defense strategy that will reduce penalties and ensure that you receive a fair shake from the law.

Going it alone is not a good idea given the complexities involved in DUI law. An attorney like James Novak is your best bet for a strong defense strategy and expert legal counsel going forward.

Speak with the Team at The Law Office of James Novak

To learn more about your legal options following a drunk driving arrest or charge, be sure to contact a skilled DUI defense attorney today. At The Law Office of James Novak, we will work closely with you to ensure that you receive expert legal advice.