If you were charged and/or arrested for felony DUI charges in Maricopa County, AZ you should contact an Arizona DUI defense attorney as soon as possible. A felony DUI conviction in Arizona will expose you to severe penalties. You will need a strong Arizona DUI defense attorney to defend your Felony DUI charges if you wish to challenge your DUI charges.
2) A.R.S. §28-1383(A) (2): (Paraphrased) Third DUI charge within 7 years and you have two prior DUI convictions that occurred during the last 7 years. – Class 3 felony.
Sentencing for a Felony DUI conviction in Arizona may be have “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are those circumstances that favor your defense and may help reduce the harsh penalties.
Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not offer you a mitigated (less harsh) sentence. An experienced Arizona DUI Attorney will know what evidence can be used to argue for mitigated sentencing and reduced sentencing on your behalf for a felony DUI conviction.
Any Arizona Felony DUI charge can be challenged, regardless of the classification. Proven AZ DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI charges completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a proven private practice AZ DUI Attorney or Criminal Defense Lawyer in Maricopa County. Early retention of a good Arizona DUI lawyer or criminal defense attorney is the key to a successful defense.
Aggravated DUI (Felony DUI): Felony DUI charges are Misdemeanor DUI Charges that are elevated to a Felony when certain “aggravated factors” exist.
If you were charged and/or arrested for felony DUI charges in Maricopa County, AZ you should contact a Maricopa County DUI defense attorney as soon as possible. A felony DUI conviction in Maricopa County will expose you to severe penalties. You will need a strong Maricopa County DUI defense attorney to defend your Felony DUI charges if you wish to challenge your DUI charges.
Felony DUI Penalties for Maricopa County DUI convictions may be “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are those circumstances that favor your defense and may result in less serious penalties.
Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. An experienced Maricopa County DUI Attorney will know what to look for and find evidence needed to argue for mitigated sentencing and reduced sentencing on your behalf.
Any Maricopa County Felony DUI charge can be challenged, regardless of the classification. Proven Maricopa County DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a proven private practice AZ DUI Attorney or Criminal Defense Lawyer in Maricopa County.
If you were arrested in Arizona or received AZ DUI charges you should contact an Arizona Criminal Defense or Arizona DUI lawyer to discuss your charges and defense options. Being charged with a DUI is just the beginning of a long and traumatic process. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be able to determine what defense strategies may be used in your case.
Were you charged with a DUI based on one breath test result?
Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted.
There are many DUI defense strategies that can be used to argue your AZ DUI case against the State and prosecution. This defense is just one of many involves breath testing. Below is an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.
Arizona has earned the reputation for being one of the toughest states on DUI charges in the country. The DUI laws are strict and penalties severe. If charged or arrested for an Arizona DUI, you should contact an Arizona DUI Lawyer as soon as possible. Even for first time offenders, the penalties are designed to “teach a lesson” so that the defendant will avoid a repeat offense and to get the word out, that Arizona has zero tolerance for those driving “impaired to the slightest degree” or who may be drunk driving in Arizona due to alcohol or drugs.
Penalties for convictions of first time, misdemeanor DUI in Arizona, depending on the circumstances may include mandatory jail time, suspension of driver’s license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.
Arizona Felony DUI or Aggravated DUI, charges can include lengthy prison terms, suspension of driver’s license, exorbitant fines, fees, probation, mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Arizona Courts are especially harsh on repeat offenders and Arizona penalties reflect this.
Many people make the common mistake of trying to seek counsel of a friend regarding their DUI who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona. Resist this temptation. They are not walking in your shoes. They were not arrested. They will rarely know the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. They will not bear the consequences of your DUI charges if they are not properly defended by a qualified DUI lawyer in Arizona.
After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Mesa Arizona, by Mesa Police, but you reside in Phoenix AZ, your DUI charges will be filed in Mesa Arizona, and your case will be heard through the Mesa AZ City Court. Make sure your DUI attorney defends DUI or criminal charges frequently in Mesa Arizona. It will benefit your defense if your DUI Lawyer is familiar with the court system, prosecution, and judges to hear DUI cases on a daily basis in Mesa AZ through the criminal justice system.
The best Arizona DUI lawyers begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed. That is where a good Arizona DUI Defense Attorney starts. They will base their decisions on how and what defenses to utilize based on the individual circumstances surrounding your case. Top DUI defense Attorneys in Arizona will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you). If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.
If you are stopped by police for Arizona DUI, generally the police officer will use a set of five-to-six common tests called Field Sobriety Tests (FST). One thing that top Arizona Criminal Defense and DUI attorneys agree on is that so many aspects of the FST can be challenged on behalf of your defense, in an effort to get your case dismissed or charges reduced.
Tool o determine if further breath or blood tests are needed. Then they will later use your performance of these tests against you. They will make it sound like you did poorly on the tests. But in fact, even a person unimpaired by drugs or alcohol may perform these tests to a “poor” standard. That is why they are often challenged.
WAS YOU BATTERY OF FST CONDUCTED WITH CLIMATE, ENVORNMENTA OR LANDSCAPING DISADVANTAGES TO YOU?
The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface.
Did the officer report that you failed or did poorly on the HGN test?
This is the “follow the pen with your eyes test” actually has a very complicated name- the Horizontal Gaze Nystagmus (“HGN”) test. This test is allegedly meant to measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient’s head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.
Did the breath test operator possess a valid, unexpired operator’s license?
If not, the DUI breath test result is inadmissible.
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.
Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.
Was your blood drawn within three hours of consuming your last alcoholic beverage?
It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.
These are just a few aspects of items that can be challenged to your favor if you have received Arizona DUI charges. That is why it is important to hire an Arizona DUI attorney who defends cases in the jurisdiction for which you were charged with the AZ DUI, and challenges such issues on a daily basis. It takes experience, special skills, training, knowledge and a great amount of defense litigation experience to challenge these issues in your defense. The ultimate goal of your AZ DUI Attorney is to examine some of these issues to pave the way for flaws in the prosecutions case for total dismissal, or in the alternative reduction of charges, suppression of evidence, and getting the best outcome in your case.
A Mesa “Felony DUI” is also known as “Aggravated DUI”. If you’ve been arrested or face Felony DUI (Driving under the Influence) charges in Mesa, AZ the best advice you can get now is to consult a good Arizona Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Mesa Municipal Court. All DUI charges are serious. But Felony DUI convictions are even more serious, and can have long lasting adverse impacts that follow you for life.
•	DUI charges involving an auto accident that results in bodily injury or significant harm to another person.
•	DUI manslaughter – When the DUI and Auto accident results in a fatality of another person.
•	Driving impaired under the influence of alcohol or drug, with a minor, in Arizona (that is age 15 or under) in the vehicle.
•	Four months in Jail or Prison, if you have no prior criminal record or felony convictions. If serious injury or a fatality has occurred, this sentencing will be significantly harsher for a felony DUI conviction.
•	Court ordered Ignition Interlock Device added to your vehicle at your expense.
DUI and Felony DUI laws are constantly changing. Because the laws and penalties are constantly changing, it is important to hire an experienced, highly qualified Arizona Criminal or AZ DUI defense Lawyer who defends DUI charges often in Mesa Municipal Court. Your criminal defense attorney must be well versed on the Arizona laws, Mesa Courts, Protocol, your constitutional rights; But most importantly, Felony DUI Attorneys must be extremely knowledgeable as felony DUI laws and what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case for your Felony DUI charges in Mesa, AZ.
Many winning defense strategies are outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes “101 Arizona DUI Winning Defenses” © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.
If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
A Felony DUI is also known as an Aggravated DUI. If you have been arrested for a Felony DUI (Driving under the Influence) in Arizona, the best advice you can get is to contact an experienced Arizona Criminal Defense Attorney or Felony DUI Defense Attorney as soon as possible for a Free Consultation. Most of the best Arizona DUI and Criminal Defense Lawyers will provide you with a free consultation. A Felony DUI is a very serious offense and carries very serious penalties under Arizona law. It can not be stressed enough for you to get DUI legal representation from a good DUI defense Lawyer in Arizona in the jurisdiction where you were charged.
DUI involving auto accident which causes bodily injury or harm to another person, pedestrian, cyclist, driver, or passenger in a vehicle.
•	DUI manslaughter – When the DUI and Auto accident results in a fatality of another while you are under the influence of alcohol or drugs.
•	Driving under the influence of alcohol or drugs impaired, and with a minor (In Arizona that is age 15 or under) in the vehicle you are driving.
•	A minimum of 4 months in Jail or Prison. (If record is clean with no prior felony convictions.) Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher.
Arizona DUI and Felony DUI laws are constantly changing. The above penalties can change at any time. For the reasons above it is so important to hire an Arizona Criminal or DUI defense Lawyer. That AZ DUI Attorney needs to be familiar with defending Felony DUI charges in the court jurisdiction of which your were charged, be up to date on laws, co1urt and defense protocol and most importantly be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.
Many winning defenses are outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes “101 Arizona DUI Winning Defenses” © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.