Articles Posted in Criminal Law

Arizona is known to have particularly strict laws for those convicted of driving under the influence of drugs or alcohol. It is important to understand that there are criminal, civil, and collateral penalties in DUI convictions in the Phoenix, AZ area. When all of these penalties are accounted for, even a first time offender with the least severe DUI charge can be left facing significant consequences. Our DUI defense attorneys are highly experienced in fighting DUI charges.

DUI Penalties

There are many factors that are taken into consideration when determining penalties for a DUI conviction. First, it is important to determine what class of DUI the driver has been charged with. In Arizona, a driver may be charged with DUI, Extreme DUI, Super Extreme DUI, or Aggravated DUI (which is a felony). The type of charge is based on the blood alcohol level of the driver.

DUI defense attorney James Novak understands that no one ever expects to be charged with a DUI offense, let alone to have their basic freedoms put at risk. This is why he fights for the rights of those wrongly accused of driving under the influence throughout Arizona, debatably the state most notorious for its harsh DUI laws and overaggressive attempts to enforce those laws. He has helped countless people like you avoid the heavy penalties associated with felony DUI charges, as well as those imposed by misdemeanor DUI charges.

When searching for a DUI defense lawyer, it is important that you select someone who understands the full range of DUI classification and penalties that affect Phoenix, AZ and other state drivers. James Novak knows these laws intimately and can use this knowledge to your benefit. He will devote all of his skills and resources to helping you achieve the best results possible in your case, whether that means having your charges reduced or, as he has done for many clients through the years, dropped altogether. While there is no guarantee that either outcome will occur in your case, you can rest assured that Mr. Novak will do whatever he can to fight for your freedom.

We invite you to read the following article to learn more about the various DUI classifications and penalties and then contact The Law Office of James Novak for an evaluation of your case.

Many people mistakenly believe that getting arrested for a DUI in Arizona will automatically result in their being convicted of an offense and losing their license. What they unfortunately do not realize is that the actions they take in the immediate aftermath of their arrests can dramatically influence their outcomes. Acclaimed DUI defense attorney James Novak has successfully represented many people accused of driving under the influence, enabling them to have their charges reduced or dismissed altogether. In many of these cases, his clients helped their own cases through their prudent actions after their arrests.

If you are ever arrested for a DUI, we urge you to consult the following DUI guide, presenting tips as to what you should do following a DUI arrest, assembled by Phoenix AZ DUI defense attorney James Novak. Remember that your freedom could depend on how you conduct yourself after a DUI arrest.

Five Things You Should Do after Being Arrested for a DUI in Arizona

As a citizen of the United States, you have rights that are guaranteed by the Constitution. Among these rights is the right extended by the Fourth Amendment, which protects you from unreasonable search and seizure. Your Fourth Amendment rights extend to your vehicle, which police officers generally cannot search without a warrant except under certain circumstances. If DUI defense attorney James E. Novak is able to demonstrate that a search and seizure at the time of a vehicle stop was illegal, and that the police violated your Fourth Amendment rights, police procedure will come into question and any evidence illegally obtained will be thrown out by the judge. Indeed, the entire case against you may be called into question as a result.

As an expert in handling cases involving search and seizure rights at a stop, Phoenix, AZ DUI defense attorney James E. Novak has the experience, skill, and resources to present the strongest case possible on your behalf if your Fourth Amendment rights have been violated in the course of your being arrested for driving under the influence of alcohol or drugs.

Please contact The Law Office of James Novak today for an evaluation of your case.

DUI defense attorney James E. Novak is pleased to announce that, on March 17, 2016, Arizona Senate Bill 1228 passed 43 to 13. Exactly one week later, Governor Doug Ducey officially signed the bill into law. The passage of this bill represents a victory for local jurisdictions, as well as for reason over hysteria. According to the new law, the installation of an ignition interlock device in vehicles will no longer be mandatory for people convicted of a DUI or aggravated DUI that does not involve “intoxicating liquor.” Instead, judges will have the discretion to determine whether individuals convicted of such charges will have to equip their vehicles with ignition interlock devices beginning on December 31, 2016.

Now that Arizona SB1228 has passed, Phoenix, AZ DUI defense attorney James E. Novak will be able to represent clients who were arrested on charges of operating a vehicle while under the influence of drugs knowing that there are an even greater number of outcomes his arguments can influence. While his primary objective is always to get the charges against his clients dropped whenever possible, his arguments before the court may now influence lighter penalties in the event of a conviction, including convincing the judge that the driver convicted of operating his or her vehicle while under the influence of a drug should not be forced to install an ignition interlock device in his or her vehicle.

If you have been arrested for any type of DUI, whether it involves “intoxicating liquor” or not, we invite you to take the first step toward protecting your rights by contacting the Law Offices of James E. Novak, P.C. today.

Nobody is perfect. No matter how good a person’s intentions may be, the truth is that everyone messes up at one point or another. While some mistakes can be easily forgotten, others have more long-lasting consequences, such as a DUI. Once a person is convicted of a DUI, it can make it difficult to move on, as a conviction can affect all aspects of life. This is especially the case for individuals facing DUI with hopes of becoming a police officer in the Phoenix, AZ area. An attorney such as James Novak, who is experienced in DUI defense to help individuals avoid the serious consequences of this crime, can be a vital asset to someone facing DUI charges. An experienced DUI attorney can make all the difference between moving past a mistake and having your future hindered by it.

Is It Possible to Become a Police Officer after a DUI Conviction?

It is not impossible for individuals with a prior DUI conviction to become a police officer. There are no universal standards in place that would prevent someone with a DUI conviction from entering the field of law enforcement. However, each police department has their own unique policies regarding prior convictions, and it is fair to assume that a DUI would certainly make it more difficult to be hired on as a police officer. Generally, when considering police officer applicants with a prior DUI conviction, departments are likely to take into account the following factors:

When it comes to DUI laws, Arizona is one of the toughest states in the union. If you are wondering how a DUI affects your driving record, Phoenix, AZ area DUI defense attorney James E. Novak can assure you that the consequences are dire, at best. This is why he has devoted his professional life to fighting for the rights of people who are facing DUI charges and whose basic freedoms are under attack as a result.

If you have been charged with DUI, it is imperative that you understand your legal rights and options, and that you have a skilled legal representative in your corner. You need to know precisely how a DUI can affect your future driving record, as well as how you can minimize or even altogether avoid such consequences. It all begins with a case evaluation by one of the state’s most highly respected DUI defense attorneys, James E. Novak.

How a DUI Affects Your Driving Record in the Short Term

“You have the right to remain silent.” This statement is perhaps the most well known of the Miranda Rights, a set of principles designed to protect those under police custody. The Miranda Rights are a vital component of our legal system. They can protect innocent people from unwittingly making a statement that would be incriminating in court. When it comes to a DUI arrest, the Miranda Rights can be a bit tricky. If you were arrested and you did not have your rights read, your charge may be invalid. However, police are only required to read Miranda rights in some cases. Attorney Novak is familiar with the intricacies of these laws. He will determine whether your rights were violated. If you have a viable DUI defense, he will work to have your charges dropped or lowered. To learn more about DUI arrests and Miranda Rights, contact our Phoenix practice today.

What Are Miranda Rights?

The Supreme Court established Miranda Rights in 1966 following the landmark case Miranda vs. Arizona. There are four basic Miranda Rights:

Here in Arizona, the laws regarding bicycling and drinking can be a bit complex. You need an experienced DUI defense attorney like James Novak to evaluate your case and provide effective legal representation. If you were riding a motorized bike and were charged with a DUI, James Novak will examine the details of your case to determine your best possible defense. To learn more about bike DUIs, contact our Phoenix practice for a case consultation.

What Does It Mean to Be Legally Drunk?

To understand your legal charge, you should have a complete grasp of what it means to be legally intoxicated. If your blood alcohol content is above 0.08 percent, you qualify as drunk. BAC levels will depend on a number of factors. While a male may be able to have two or three drinks without reaching legal intoxication, a female might have a higher BAC after a single drink. Weight, metabolism, age, and gender will all affect your BAC level.

If you have been charged with a DUI, you have the right to fight those charges and prove your innocence. Attorney James Novak offers DUI defense services to ensure that DUI defendants receive fair representation in a court of law. The team at our practice also works to educate clients about their legal rights when it comes to DUIs and DUI checkpoints. In this blog post, we advise clients about what they should do when they encounter DUI checkpoints in the Phoenix area.

Understanding DUI Checkpoints

It is important to understand the purpose of a DUI checkpoint and what your legal rights and obligations should be when you go through a DUI checkpoint. First, it is important to understand that you are obligated to stop at these checkpoints, but you do have legal rights that limit the amount of investigation that can be performed without your permission. A DUI checkpoint allows officers to check your license and registration; as they do so, they also have the opportunity to get a quick glimpse inside the car, and check for the smell of alcohol. Beyond that, officers need the driver’s permission to conduct further investigation.

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