Phoenix DUI Law Blog

Consequences of an Arizona DUI Conviction
James Novak

Driving under the influence of drugs or alcohol is a common crime in Arizona. However, there is an often-held misunderstanding about the serious consequences an Arizona DUI conviction can carry. Contrary to popular belief, these are not minor traffic offenses. DUI cases are taken very seriously by Arizona law enforcement, prosecutors and judges, and a…

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Arizona Court Upholds Defendant’s Aggravated DUI Convictions in Case Involving a Minor
James Novak

Recently, an Arizona appellate court affirmed a lower court’s convictions of a defendant in a DUI case involving a minor passenger. The defendant appealed the lower court’s decision, arguing that there was a fundamental error in the record. The appellate court found that there was no fundamental error because the court proceedings were properly conducted…

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Court Finds Proof of Defendant’s Knowledge of Interlock Requirement Was Required Element in Recent Arizona DUI Case
James Novak

After an Arizona DUI conviction, drivers must often install an ignition interlock device on their vehicle before having their driving privileges reinstated. An ignition interlock is a small device installed near the steering column that requires a driver to blow into a tube before starting their vehicle. If there is any alcohol on the driver’s…

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Posted in: Dui
Defendant Appeals Arizona Drug DUI Conviction Based on Inflammatory Evidence
James Novak

An appellate court recently issued an opinion in an appeal stemming from a case involving a woman convicted of an Arizona drug DUI offense. According to the court’s opinion, the defendant was sentenced to concurrent prison terms after a jury convicted her of several drug and driving offenses. Amongst several issues, the defendant appeals arguing…

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

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…

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Appellate Court Allows Defendant’s Statement, Finding Any Error in Its Admission Was Harmless
James Novak

Recently, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant who was alleged to have caused a serious accident while under the influence of methamphetamine. The defendant appealed his conviction, arguing that the trial court failed to exclude a statement used against him at trial. However, the court…

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Implications of Legalization of Recreational Marijuana on Arizona DUIs
James Novak

In January, several Arizona dispensaries began selling marijuana to legal adults who do not have a medical marijuana card. The move came after voters approved Arizona marijuana sales. Motorists must understand that despite the legalization of recreational marijuana, they may still be arrested and charged with an Arizona DUI. Notwithstanding the presumed increase of Arizonans…

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Can an Arizona DUI Conviction Affect a Child Custody Determination?
James Novak

When thinking about the possible consequences of an Arizona DUI conviction, the most commonly feared repercussions involve infringements on your freedom, such as jail time, probation, or the suspension of your driver’s licenses. However, Arizona DUI offenses carry a host of other collateral consequences that can also have a significant impact on your life. One…

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Arizona DUI Charges Based on a Driver’s “Physical Control” Over a Vehicle
James Novak

Arizona law recognizes driving under the influence (DUI) as a violent crime, and violations of the law may result in hefty penalties and incarceration. For example, recently, a court issued an opinion stemming from an Arizona defendant’s appeal of his DUI conviction. The case arose after police responded to a welfare check of the defendant…

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Recent Entries

Can Recanted Testimony Still Lead to a Domestic Violence Conviction in Arizona You may believe that if an alleged victim recants their statement, the charges against you should be dropped. In Arizona, that is not always the...

Arizona Court Upholds Use of Police Interview in Mesa Armed Robbery Conviction If you’ve been arrested in Mesa and questioned by police after a long night, you might wonder whether statements made during that interview can be...

Can Prosecutors in Arizona Use Post-Miranda Silence to Undermine Your Testimony? If police question you following an arrest, your responses or your choice to remain silent can directly affect the outcome of your case. A recent...

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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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