Phoenix DUI Law Blog

The Escalating Punishments for Repeat Arizona DUI Offenses
James Novak Team

Drunk driving is taken seriously by police and prosecutors across the country. That said, out of all fifty states, Arizona DUI laws are among the strictest. However, the punishments for DUI crimes are not always easy to understand. At the same time, it is only when someone truly understands what they could be facing that…

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When Is Someone “Operating” a Vehicle Under Arizona DUI Law?
James Novak Team

One of the elements that the prosecution must prove in an Arizona DUI charge is that the driver was in actual physical control of a vehicle. If the prosecution cannot establish this fact, then the defendant must be found not guilty. However, courts define “actual physical control” quite broadly, as illustrated in a recent appellate…

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Court Finds Evidence Sufficient to Support Conviction in Recent Arizona DUI Case
James Novak Team

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case affirming the defendant’s conviction. The case involved the defendant’s challenge to the sufficiency of the evidence presented by the prosecution and used by the jury to convict him. Ultimately, the court concluded that the evidence was sufficient, and the court…

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Know the Potential Consequences of an Arizona DUI Conviction
James Novak Team

For those facing Arizona DUI charges, it is crucial to understand what they are up against before deciding how to proceed. An Arizona DUI conviction can carry severe penalties, including jail time. These penalties can increase significantly based on the existence of certain aggravating factors. The following article provides an overview of the potential short-term…

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

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…

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Arizona DUIs Over Memorial Day Decreased Since 2019, Likely Due to COVID-19
James Novak Team

It is a well-known fact that there are more Arizona DUI arrests over long holiday weekends because law enforcement officers believe that there will be more drunk drivers on the road. However, some weekends result in more DUI arrests than others. According to a recent report, instances of intoxicated driving are much more common over…

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Arizona Court Denies Defendant’s Motion to Suppress in DUI Case Despite Arresting Officer Being Under Investigation for Providing Misleading Information
James Novak Team

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant’s claim that the trooper who pulled him over lacked reasonable suspicion to do so. The defendant’s argument was based on the fact that, at the time of his arrest, the trooper was under investigation for providing…

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Court Grants Defendant’s Motion to Suppress in Arizona DUI Case Based on Dashcam Footage, Appellate Court Affirms
James Novak Team

Earlier this month, a state appellate court issued an opinion affirming a trial court’s decision to grant a defendant’s motion to suppress in an Arizona DUI case. The case required the court to review the state’s claim that reasonable suspicion supported the traffic stop. After viewing dashcam footage from the officer’s vehicle, the trial court…

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The COVID-19 Pandemic Is Reducing the Number of Arizona DUI Arrests
James Novak Team

To prevent against the spread of the novel coronavirus, or COVID-19 as it has come to be known, Governor Ducey signed an executive order requiring schools close, many businesses close, and residents stay inside their homes except for certain specified reasons. The Governor’s order, referred to as “Stay Home, Stay Healthy, Stay Connected,” went into…

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Recent Entries

Do You Have to Take a Breathalyzer in Arizona? Implied Consent Explained You can refuse a breathalyzer in Arizona — but the refusal itself triggers an automatic 12-month driver’s license suspension under the...

Challenging DUI Stops in Maricopa County Arizona If you were arrested after a traffic stop, the fastest way to change the direction of the case is to challenge whether the stop, detention, and...

When Arizona Judges Comment on Remorse at Sentencing and Why It Can Trigger a Remand Sentencing can feel like the moment when everything turns personal. The court is no longer deciding guilt or innocence, but it is deciding how much...

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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.

Client Reviews

 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

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