Articles Posted in Criminal Law

It is widely assumed that a DUI breathalyzer scale is infallible, however, it is not. A breathalyzer does not measure exactly a person’s blood alcohol content (BAC) – a blood sample would be required to do that – but instead, it provides an estimate by measuring amounts of alcohol in the breath.

From testing errors to the use of mouthwash, there are many reasons for DUI breath test false positives and elevated readings. Because a DUI conviction results in life-altering consequences, it is imperative to have quality legal representation. DUI attorney James Novak in Phoenix, AZ has an outstanding track record in successfully omitting inaccurate DUI breath test results to spare innocent clients of harsh penalties they do not deserve to face.

What Causes Inaccurate BAC Readings?

There are a number of circumstances that can result in a DUI blood test false positive: diabetes, cough medicines, and vitamin supplements to name a few. Low blood sugar (hypoglycemia) can result in dizziness, wobbliness, and slurred speech, among other impairments. When driving, a sudden drop in glucose levels can be especially scary.

Contrary to popular assumption, testing positive in a DUI blood test is not incontrovertible. While blood tests are considered to be more accurate than breathalyzers and urine tests, they fall short of 100 percent accuracy. DUI attorney James Novak and the skilled team at Law Office of James Novak in Phoenix, AZ, work on behalf of clients charged with driving under the influence. We examine arrest details to uncover potential errors that could lead to reduced or dismissed charges. We have helped clear falsely accused diabetic patients.

Diabetic Episode or Intoxication?

DUI arrests are much more common than most people think. In response to this problem, most states have made DUI penalties more severe in recent years. While anyone who has been arrested for DUI faces potential penalties, the stakes are even higher for immigrants. Depending on where an immigrant is in the immigration process, a DUI may affect immigration status, and could even lead to deportation.

It is important for any immigrant facing DUI charges to build a strong DUI defense to avoid administrative and criminal penalties, as well as to protect his or her immigration status. Experienced DUI defense attorney James Novak discusses the potential penalties facing clients dealing with DUI and immigration issues in the Phoenix, AZ area, in addition to advice on how best to protect immigration status following a DUI arrest.

Can A DUI Affect Immigration Status?

A DUI charge or conviction affects many areas of your life. Whether you are currently going through a divorce and fighting for custody, or you already have a custody arrangement in place, past and pending DUI charges could have a negative impact.

If you have recently been charged with a DUI, you need an expert DUI defense attorney on your side. Attorney James Novak defends our Phoenix, AZ clients, working to reduce or eliminate their charges. He understands the impact of a DUI on child visitation rights and will fight to ensure the charges you face do not affect your relationship and time with your child.

How Will a DUI Affect Child Visitation?

To be eligible to become a naturalized U.S. citizen, applicants must be persons of “good moral character”. In particular, the U.S. Citizenship and Immigration Services (UCIS) office will look at your record for the past five years. Unfortunately, their judgment of good moral character is entirely subjective. This means if you have been convicted of a DUI in the past five years, your citizenship could hang on that one misstep. To avoid potential DUI and citizenship conflicts, you need a skilled dui defense attorney like James Novak. He has helped numerous clients in the Phoenix, AZ area.

Should I Include a DUI on My Citizenship Application?

The answer is a resounding yes. You never want to lie in any way on a citizenship application. Because background checks are conducted on all applicants, any past criminal activity, including a DUI, will show up on the report. Attempting to cover up a DUI conviction or any other criminal activity will only hurt your chances at becoming a naturalized U.S. citizen.

Driving under the influence (DUI) in Arizona carries harsh penalties. A DUI on a suspended license will carry even harsher penalties. If you were arrested for driving under the influence of drugs or alcohol while your license was suspended, you need an experienced DUI defense lawyer. Attorney James E. Novak has extensive knowledge and understanding of the DUI laws in Phoenix, AZ, and he can help you fight the charges against you.

What Is a Suspended License in Arizona?

In the state of Arizona, license suspension has specific start and end dates. At the end of the suspension, a driver can pay a reinstatement fee to get his or her license back. This is different from license revocation, which has no specific end date and requires a more intensive reinstatement process.

It is illegal to operate a vehicle if your blood alcohol content, or BAC, is .08 or higher. In the state of Arizona, there are certain factors that could result in an aggravated DUI conviction, or a felony, rather than a misdemeanor charge. Attorney James Novak has a thorough understanding of the different types of aggravated DUI in Phoenix, AZ, and we can provide you with the strong DUI defense you need.

DUI vs. Aggravated DUI

A DUI charge occurs any time a person is found guilty of driving under the influence of drugs or alcohol with a BAC over .08. You can also be charged with a DUI if your BAC was below .08 but you still failed a field sobriety test. In general, a first time DUI offense like this is likely to result in a misdemeanor charge. You may face some fines, community service, and drug or alcohol counseling, but any jail time is likely kept to a minimum or waived.

The state of Arizona has some of the strictest laws regarding driving under the influence (DUI) of alcohol and drugs. Despite the more widely accepted use of marijuana for medicinal purposes across the country, driving under the influence of marijuana is still illegal in Arizona. If you have been arrested for a marijuana DUI, Attorney James Novak can help. He has an extensive understanding of Arizona marijuana DUI laws and can provide clients in the Phoenix area with a strong dui defense.

Arizona Marijuana DUI Laws

In the state of Arizona, it is illegal to drive while under the influence of any drug, including marijuana. This can include using marijuana and then driving, or driving while using the drug. It is also illegal to drive under the influence of a combination of marijuana (or other illegal drugs) and alcohol. You can be arrested for a marijuana DUI for even the slightest impairment.

When most people hear “driving under the influence” or DUI, they tend to think of drinking and driving. They might even think of illegal drugs such as marijuana. In truth, there are a variety of different substances, both legal and illegal, that can hinder your ability to drive and could result in a DUI charge. Attorney James Novak has extensive knowledge and understanding of Arizona drug DUI laws and can help clients in the Phoenix, AZ area by providing a strong DUI defense.

Types of Drugs that Can Lead to DUI

Arizona law states that any person that is driving or otherwise has physical control of a motor vehicle while under the influence of any drug or combination of alcohol and drugs and are impaired even to a mild degree can be found guilty of a drug DUI. The law also states that any trace of a controlled substance found in the body can also lead to a drug DUI conviction. This means that even if the effects of a drug have worn off, if it is still in your system hours or even days later, you could be found guilty of a drug DUI.

If you were wrongly arrested for driving under the influence (DUI), we may question the validity of the field sobriety test (FST) results. There are a number of reasons for inaccurate field sobriety test results. Attorney James Novak in Phoenix, AZ, understands how FSTs work (and do not work), and can factor that into your defense if needed. If you were arrested for a DUI, you should contact an attorney as soon as possible. A DUI defense attorney can review the evidence in your case to determine if your charges can be reduced or dismissed altogether.

To learn more about the reasons for inaccurate field sobriety test results, read on.

Officer Subjectivity