Field Sobriety Test

May 26, 2021

Court Affirms Six-Year Sentence for Drug Possession Following DUI Investigation

Recently, a state appellate court issued a hard-to-swallow opinion in an Arizona drug possession case. The case illustrates police officers’ power when conducting a traffic stop, especially while investigating DUI charges.

The Facts of the Case

According to the court’s opinion, two women were leaving a casino by car. A police officer noticed that the vehicle had only one working headlight and pulled the driver over. The defendant, who was the front-seat passenger, sat and waited as the officer conducted the investigation.

Initially, the officer asked if he could search the car. The driver declined, explaining that it was her son’s car. However, the driver allowed the officer to search her purse, where he found nothing. Then, the officer informed the driver that he suspected she was under the influence. He removed the driver, performed field sobriety tests, and determined that she was not impaired.

June 26, 2020

Arizona Court Affirms DUI Conviction Over Defendant’s Challenge to Officer’s Decision to Remove Him from the Vehicle

by James E. Novak, P.L.L.C.

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case discussing whether the arresting police officer was justified in removing the defendant from the vehicle to perform several field sobriety tests. Ultimately, the court rejected the defendant’s challenges to the traffic stop and affirmed his conviction.

The Facts of the Case

According to the court’s opinion, at around 2 a.m., an officer was on patrol in an area that was known as a road used by drunk drivers. The officer noticed the defendant pass by, traveling about 10 miles per hour over the speed limit. The officer noted no other traffic infraction.

When the officer approached the vehicle, he noticed the defendant’s eyes were watery and bloodshot, and the car smelled of alcohol. The defendant admitted to having something to drink, but explained that he was not feeling the effects of the alcohol. The defendant understood all the officer’s questions and responded in a clear manner. However, the officer then performed a horizontal nystagmus test to determine if the defendant was intoxicated or tired.

January 24, 2019

How Can Someone Fight an Arizona DUI Charge?

by James E. Novak, P.L.L.C.

Arizona police and lawmakers take the issue of driving under the influence (DUI) very seriously. Indeed, according to a recent news source, Arizona Police claim that there were nearly 27,000 Arizona DUI arrests in 2018. That figure has remained relatively constant over the past several years, ever since police stepped up enforcement of DUIs, especially over the holidays.

In Arizona, a DUI conviction carries serious consequences including the punishments doled out by the state, but also in terms of the collateral consequences that come along with a conviction. Thus, it is important to clear up the common misconception that an Arizona DUI case cannot be fought. In fact, there are several ways that an experienced Arizona DUI defense attorney can help a client beat their DUI case.

Motions to Suppress

If evidence that the state plans to use against a defendant was obtained in an unlawful manner, the defendant can file a motion to suppress that evidence. If the motion is granted, then the prosecution will be precluded from using the evidence. In many Arizona DUI cases, this leaves the prosecution with little evidence that a motorist was under the influence and may result in the withdrawal of a case.

November 15, 2014

DUI Tips: How to Handle a Traffic Stop

by James E. Novak, P.L.L.C.

A DUI stop can be an extremely stressful situation, especially if you have never been stopped previously. The team at the Law Office of James Novak knows this is true, which is why we think it's important that you understand your rights and options before an arrest is even made.

Our DUI defense attorneys have helped countless people facing drunk driving charges, and the following tips on traffic stops will help you understand what to do in case you are pulled over.

Nervousness Is Normal, But Stay Calm