Arizona Criminal Defense Attorney Blog

Articles Posted in Gllbert AZ DUI

Driving drowsy isn’t a crime. But it can lead to other serious vehicular offenses including DUI or reckless endangerment.

The National Highway and Traffic Safety Administration (NHTSA) and the National Center for Disease Control (CDC) have released reports about hazards of “drowsy driving”. Both of these are high risk behaviors that can result in serious injury or death involving auto accidents.

While drowsy driving is not a crime itself, it could lead to the commission of serious vehicular crimes such as DUI charges, reckless endangerment, aggravated assault, or vehicular homicide.

Warning signs of both driving drowsy and DUI are often similar in nature. Drowsy driving can lead to DUI charges, even if a person was not in fact, impaired to the slightest degree due to intoxicating alcohol or drugs.

How to avoid Drowsy Driving

• Recognition of warning signs and prevention;
• Get adequate sleep. Drivers should ensure that they get enough sleep (7-9 hours)
• Be aware of increased risks such as commercial driving, long shifts or nightshift work;
• Seek medical attention for untreated sleep disorders;
• Do not drive while under the influence of sedating medications;
• Do not drink spirituous liquor prior to or while driving;
• Take precautions and prepare for days or nights of long distance driving such as getting extra rest and sleep before driving;
• If you are a high risk driver due to your work hours, arrange for alternative rides home with a friend or family member, bus, taxi, or other trusted and responsible person.
• If you are in a high risk group for driving get enough rest and sleep before and after your shift.
• If you are driving and unexpectedly find you are driving drowsy, pull over in a safe place will lit location; preferably a rest stop or motel if possible, to sleep until you are feeling alert enough to drive again.

Warning Signs of Driving Drowsy

• Frequent yawning;
• Frequent blinking;
• Difficulty remembering the past few miles you drove;
• Missing planned exits;
• Drifting from one’s lane;
• Hitting rumble (wake-up) strips;
• Staring or tunnel vision;
• Inability to remember recently past road signs;
• Drifting or weaving across lanes without realizing it.

DUI v. Drowsy Driving

The National Highway and Traffic Safety Administration (NHTSA) researchers identified at least 100 driving cues that have been found to be associated with a Drunk Driving, or impaired. The signs or driving behaviors identified were presented and separated into four main categories:

• Weaving or drifting, and problems maintaining proper lane position;
• Speeding or difficulty braking when needed;
• Vigilance problems such inattentiveness;
• Difficulties with Judgment and decision making skills
Many of these signs are displayed by motorists who are driving while drowsy or tired. As result, a police officer could mistakenly suspect that a driver is under the influence of intoxicating alcohol or drugs. If the officer has probable cause to conduct a DUI blood test and trace compounds of a drug defined under Arizona law, in the person’s system, they are at risk of a DUI. Further if a person had only one drink of intoxicating liquor, which did not result in driving impaired to the slightest degree, they could be mistakenly determined to be driving impaired. A non-underage 21 person will be forced to defend their charges in court, even though they were driving drowsy and not impaired due to blood or alcohol.

DUI Defense Attorney for Charges in Gilbert AZ
If you have been arrested for DUI, or any vehicular criminal offenses in Arizona, you should retain a qualified and experienced criminal attorney to defend your charges. DUI laws and penalties are among the harshest in the country. Your criminal defense lawyer will defend your charges, and protect your rights. There may be defenses you are not aware of that could lead to a dismissal of charges or other favorable outcome in your case.

Additional Resources:

• Gilbert Arizona Traffic and DUI Unit

• Gilbert AZ Criminal Court Processes

DUI and Drowsy Driving – Laws and Criminal Defense in Arizona

National Centers for Disease Control – Drowsy Driving Report January 2013

National Highway Traffic and Safety Administration (NHTSA)

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“Use of Prescription Medication an Epidemic and DUI hazard”

The National Center for Disease Control (CDC) describes use of prescription medication as an epidemic and the fastest-growing drug problem in the Country. It is said that more teens are using prescription medicine than cocaine, meth and Ecstasy combined.

Final numbers are still being tallied from police agencies throughout Arizona. But preliminary statistics for 2012 indicate Drug DUI arrests are expected to jump from 11% in 2011 up 14% in 2012 of all DUI arrests in Arizona.
Officials attribute this to increased funding for specialized police drug detection and impairment training such as Arizona’s Drug Recognition Expert (DRE) Program. Police Agencies are now using state of the art equipment, and are well trained for Drug DUI enforcement. For example, Gilbert AZ Police Department, is equipped with mobile DUI enforcement vans; unmarked vehicles; special DUI motor cycle enforcement units; granted allowances for overtime; and training and certification to police officers in phlebotomy DUI processing.

Other contributing factors for the increase in Drug DUI arrests are frequency of use and access to prescription drugs by adults, and youths.

At this juncture, there are no published statistics as to how many of the Drug DUI arrests were Marijuana related. So no assumptions can be made as to whether or not legalization of Medical Marijuana in Arizona contributed to the increased Drug DUI Arrests.

Arizona Drug DUI Laws

Under A.R.S. 28-1381 in addition to alcohol DUI laws, it is also unlawful to drive or be in actual physical control of a vehicle in Arizona, if a person is impaired to the slightest degree due to the influence of any drug; vapor releasing toxic substance or any combination of liquor, drugs or vapor releasing substances. This includes legal, or illegal drugs, or Medical Marijuana. It also includes drugs obtained with a valid prescription or any over-the-counter drugs. This means that a person can be cited for DUI if they have had no spirituous liquor at all, but are driving impaired to being under the influence of a drug.

A first or second DUI with no aggravated factors in Arizona is a Class 1 Misdemeanor. This includes drug related DUI charges. Penalties are generally the same or similar as sentencing for alcohol related DUI charges. If convicted penalties call for 10 day jail terms; mandatory substance abuse counseling; fines, fees, and other harsh penalties. Jail terms may be reduced to 24 hours, upon successful treatment of an alcohol or substance abuse program.


Criminal Defense Attorney Gilbert AZ

Motorists are not aware that a drug may impair their ability to driver. But in Arizona, it is not a defense for a motorist to claim that a driver was aware that drug had the potential to impair their driving or not. If you have been arrested for any type of DUI, your future and freedom are in jeopardy. You should a qualified consult a criminal defense attorney who defends charges in the city where you received the citation, to discuss your matter, and defense options.

Additional Resources:

Arizona State Legislature – Drug DUI Laws

• Arizona Governor’s Office of Highway Safety Annual 2011 DUI Enforcement Statistics

Arizona Governor’s Office of Highway Safety 2012 DUI Enforcement statistics (preliminary to 12/27/12)

Drug Abuse in Arizona – Office for Children, Youth and Families

National Center for Disease Control – Prescription Drug Abuse

• Gilbert Police Traffic Unit

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DUI Task Forces Saturate the State

There was hardly a city in the valley this holiday weekend, not saturated by police patrols. As the Arizona Department of Public Safety (DPS) warned, they were “everywhere”.
Following the New Year’s holiday 2013, the police reported making 4,371 DUI arrests between November 23, 2012 to January 1, 2013, representing a 7.16% increase over this time last year, and 12% from the year before.
Of the total 4, 371 total impaired driving arrests, it was reported that 1,098 were for Extreme DUI (0.15% or higher BAC), which constitutes over 25% of all impaired driving arrests.

Drug related impaired driving arrests totaled 934 which represented 21.3% of the total.
Aggravated DUI (Felony) totaled 450 or 10.2% of all impaired driving arrests.

The average DUI Blood Alcohol Content level was 0.15% the Extreme DUI, with the legal limit being 0.08%.

This year the state pooled their Law Enforcement resources to create a super DUI task force for the Thanksgiving through New Year’s Eve holidays. The large valley-wide DUI task force was 2,247 officers strong from 70 Police Agencies.

The state reported that overall DUI arrests for 2012 totaled 27,710.

In 2011 a total of 18,916 impaired driving arrests resulted from DUI task forces reported by Arizona Governor’s Office of Highway Safety (AZGOHS).

Many are attributing this increase to the fact that there was a higher police presence and DUI task forces demployed throughout Arizona during the year. The AZGOHS provided grants and funding for Cities and Counties. With this, it enabled law enforcement agencies to increase their presence; work overtime, and make more police stops in 2012.

The Arizona Republic reported that there were 787,946 police stops from January 1, 2012 to January 1, 2013. It is unclear how many of those stops were for suspicion of DUI.

Criminal Defense Firm Gilbert AZ

A DUI conviction can have devastating impacts on your life. The laws and penalties in Arizona are among the toughest in the Country, even for first offenders. DUI convictions call for jail terms; fines, fees, and assessments; impound of your vehicle; ignition interlock device on your vehicle; and drug or alcohol counseling. Felony DUI charges call for prison terms and other increased penalties. And it doesn’t stop there. For some it can mean loss of their job or future job opportunities, deportation, and other adverse impacts that can last a lifetime.

If you were arrested for any type of DUI, you should consult an experienced criminal defense attorney well before your first court appearance. You should retain a qualified and effective DUI lawyer who can protect your rights and defend your charges.

There may be defenses that you are not aware of, that may enable you to obtain a favorable resolution in your case. Even though you were arrested, you still have the right to retain an attorney and defend your charges. You should always invoke your rights to this due process under law.

*Statistics updated January 4, 2012
Additional Resources

• DUI Arrest Statistics by Calendar Year AZGOHS

• Gilbert Police DUI Units

• Gilbert Municipal Court

State Legislature – Arizona DUI Laws
Arizona Republic

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Dring & Keys.JPG •The Laws in Arizona for DUI are strict, harsh, and frequently changing. If you are unrepresented, you are held to the same standard as an experienced criminal defense attorney. This means you will be held responsible for meeting time lines, filing appropriate motions, challenging your charges with the authority of proper legal citation; representing yourself at hearings; following rules of criminal procedures. Winning cases and losing cases, is often the result of a successful argument or challenge of any of these aspects and the different facets of a DUI.

• You may be completely not-guilty of the charges for which you were arrested or on trial, but the prosecution will not “tell your story” or produce any evidence that will help prove your innocence. That is not their job. The prosecutor generally will not point out weaknesses in the State’s case against you. Only your criminal defense attorney will look for defenses, mitigating factors or evidence that may lead to a dismissal or reduction in sentencing;
• Any information or answers to questions regarding your charges can result in unintended self-incrimination. You have a constitutional right to remain silent and retain legal counsel to defend your charges, and be present during any questioning or testimony. Representing one’s self increases a person’s chance of unintentional self-incrimination.

• The Presiding judge can only intervene on motions; plea agreements; granting or prohibiting evidence from being admitted; and sentencing. The Judge can’t dismiss the charges without formal or proper legal arguments or challenge is made on the evidence; to the law; or other matters surrounding your case; or there is a “Not-Guilty” verdict returned by the jury.

Arizona DUI laws are strict and penalties harsh. A first time Misdemeanor DUI calls for mandatory jail sentencing Ignition Interlock Device on vehicle; suspension of driver’s license; probation, costly fines, fees and assessments. DUI charges result in both criminal charges which are held in criminal court, and civil charges relating to the negative actions on a person’s driver’s license. A qualified criminal defense firm will protect your rights; defend your charges; make every effort to help avoid jail terms and other harsh sentencing.

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“15 traits that the best criminal attorneys process”

The best criminal defense attorneys must possess many important traits. Here we’ll look at 15 traits that separate good DUI lawyers from the best DUI lawyers who defend Criminal and DUI charges in Gilbert Arizona:

1. Experience, Experience, Experience. You want to know how much experience the DUI Lawyer handling your case has; not the law firm “accumulatively”. The “accumulation” won’t be defending you. In most cases it will be one individual lawyer;
2. Communication: Good trial lawyers are good listeners; they know that your freedom and future are at stake. They know that many winning cases are due to issues challenged that were hidden in the “details”; and you can trust, they don’t miss any, details that is;
3. Compelling: Experienced trial lawyers are persuasive and articulate; They are able to tailor, build and present compelling arguments in your defense. If effective, they can sometimes influence the prosecution, a jury, and the judge when necessary; It’s far better to have a compelling attorney present a good argument, than to have an unconvincing attorney present a great argument;
4. Court Room & Trial Defense: hundreds, or better, thousands of hours in past litigation;
5. Former Prosecutors: They get a vast amount of trial experience in many types of criminal cases.

http://www.youtube.com/watch?v=KIDgYp5VsqU

6. The ability to correctly interpret the law and defenses that if used, may lead to suppression of evidence or a dismissal of charges based on the facts of the case;
7. They carefully tailor and build each client’s defense strategically based on the evidence and facts surrounding the charges; They understand that “one size fits all” does not apply in DUI and criminal defense cases and that every case is unique;
8. They never file frivolous motions: An attorney who chronically files frivolous motions loses all credibility and respect of the judges and prosecution in the courts for which they appear frequently;
9. They never under estimate the power and effectiveness of filing early and justified defense motions. These often involve filing defense motions related to procedural, legislative, or constitutional issues such as 1). The defendant is being prosecuted in the wrong jurisdiction; 2). time limit to prosecute or formally charge someone with a particular crime has expired under constitutional limitations; or 3) Speedy Trial Rights were violated. In some cases the charges will be dropped permanently In others, they can be brought again depending on the circumstances.
10. They defend cases in Gilbert AZ Criminal and Gilbert DUI Courts frequently: They are respected by the police, prosecutors, and judges, they are very familiar with standard court procedures and protocol; easily remembered as “home Court advantage”;
11. They have the ability to understand, interpret, and explain complex issues of AZ criminal law into simple terms to those necessary including a jury if needed;
12. They are passionate and dedicated to their client’s defense and obtaining the most favorable outcome on their behalf; They make sure defendants are treated fairly, and their constitutional rights are protected, under Federal and Arizona laws;
13. They make the time needed to tailor, build, and present compelling arguments in the client’s defense based on the evidence and facts of the case;
14. They conduct their own defense investigations, concurrently with the prosecution building theirs;
15. They exhaust all avenues available to get the best outcome in their clients including dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Scottsdale, & Phoenix AZ
For a Free Consultation call (480) 413-1499 Today!

Don’t Plead “Guilty” to DUI or Criminal Charges before Consulting a Good DUI DWI Attorney who defend Gilbert AZ DUI charges
Gilbert AZ Criminal & DUI Defense for Your Arraignment
One of the main purposes of your Arraignment date is to inform the court of how you wish to “plea”. It is never a good idea to plead “guilty” to any crime or DUI at your arraignment, before consulting a DUI or criminal defense attorney, but especially not in Arizona. Arizona has some of the toughest DUI laws and most severe DUI DWI Drunk Driving penalties in the country if convicted. A good DUI attorney will defend you, and may be able to use certain defenses that you were not aware of which could lead to a reduction or dismissal of your DUI charges.

Your Arraignment Location
For criminal DUI charges in Gilbert, you will be given a complaint (if in custody) or summons (if not in custody). This document will include information concerning location, date and time you are required to appear for your next court date. The court location you will be required to appear is based on the nature of the charges, and jurisdiction where you were charged. Most felonies are heard in Superior Court. Most misdemeanors are held in Justice Courts. However, some felonies can initially begin in a lower court such as justice court.

Criminal or DUI Arraignment in Gilbert Court
The court date that appears on your complaint is called your “Arraignment Date”. If you have not retained a DUI defense lawyer you must appear as the scheduled date and time. If you fail to appear or even in some cases, if you are late, a bench warrant may be issued for your arrest A.R.S. 13-2506 & A.R.S. 13-2507. If you have retained legal defense your DUI defense lawyer will give you further instructions. In many cases your defense attorney can vacate the first court date, through alternative legal channels so you do not have to appear in person.

What to Expect at Your DUI Arraignment in Gilbert Court
On your arraignment date, you will inform the court of how you wish to plea. In addition, the Judge and Court will confirm your current identity and contact information; explain your rights; read formal charges against you; advise you of the range of potential sentencing if convicted; and find out if you plan to retain an attorney to defend you for your Gilbert misdemeanor or felony DUI or criminal charge(s).

Pleas that can be entered at a criminal or DUI Arraignment
There are three possible pleas to a criminal charge and listed in brief below:
“Not Guilty” – This means that you are denying guilt and the burden of proof is with the state of AZ to prove guilt of the DUI or criminal charge against you. In the Gilbert Court, the state is represented by the Gilbert prosecutor’s office. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit that you committed the act charged in the complaint(s), that the act is prohibited by law and that you have no legal defense for your act. For Misdemeanor charges, the Gilbert AZ Court judge will proceed with your sentencing at that time. For felonies, the judge will schedule a future court date for sentencing.
“No Contest” – This you do not admit guilt but that you also do not wish to challenge the charges or evidence at a trial and will accept the conviction, sentencing and punishments of the charge (without admitting guilt). The judge will proceed with your sentencing at this time.

DUI Attorney in Gilbert Arizona
In the least you should consult an experienced Arizona Criminal Defense Lawyer or Arizona DUI Attorney. Most Arizona criminal defense law firms provide free initial confidential consultations. You have nothing to lose by consulting a DUI defense attorney to discuss your Gilbert AZ charges, potential penalties, and defense options. Your best chance at getting your Gilbert DUI charges dismissed are by retaining legal representation from a DUI attorney who defends DUI cases frequently in Gilbert Court.

An experienced Gilbert DUI lawyer put themselves between you and the Gilbert prosecution as a barrier to protect you for unintended self-incrimination; to make sure your are treated fairly; your rights are not violated; guide you through the Arizona criminal justice process; tailor and build a solid and effective defense on your behalf; look for other weaknesses in the prosecution’s case; and make every effort to get Gilbert Charges dismissed, reduced, or the otherwise best outcome in your case.
*All Federal Laws, Arizona Laws, and Criminal Court Procedures are subject to change. You should contact an Arizona DUI lawyer for current information concerning DUI or criminal matters.

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AZ DUI Law & Felony DUI Penalties
“The cost of retaining a good Gilbert DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Gilbert felony DUI Charges”
If you were arrested for felony DUI charges in Gilbert, AZ you should contact a Gilbert DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Gilbert exposes you to severe penalties. You will need a qualified Gilbert DUI attorney to defend your Felony DUI charges.

Felony DUI – Arizona Law:
There are three factors that will aggravate a Gilbert Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. “Felony DUI” charges are also known as “Aggravated DUI charges”:

1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while your drivers license was suspended, restricted or revoked – Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) The current DUI charge is your third DUI in 7 years and at least two of the prior DUI charges resulted in convictions during the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with DUI DWI while driving with a child under 15 years of age was a passenger in the vehicle – Class 6 Felony
DUI Penalties – Felony DUI Sentencing in Arizona
A Felony DUI conviction for Gilbert DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences ranging from 1 day to 1 year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record
Felony DUI Penalties for Gilbert DUI convictions may be “aggravated” or
“mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Gilbert DUI Lawyer – Felony DUI Defense Gilbert AZ
Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Experienced Gilbert DUI Defense Attorneys lawyers know what to look for and obtain evidence needed to argue for mitigating sentencing if you are convicted of a felony DUI charge.

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. A qualified Gilbert DUI lawyer or AZ criminal defense lawyer will encourage you to avoid that mind set. Any Gilbert Felony DUI charge can be challenged, regardless of their classification. Good Gilbert DUI lawyers are often able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

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AZ Felony Mandatory Sentencing Guidelines

Arizona’s adopted “Mandatory Sentencing” guidelines for serious felonies. Here’s how the best AZ criminal defense lawyers may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Gilbert AZ Felony Charges
If you face AZ felony charges in Gilbert AZ. you should hire the best Gilbert criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. You are not convicted unless you are proven to be guilty The law allows for you to be entitled to a defense. Use it. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Gilbert felonies on a regular basis.

“Mandatory Sentencing” Penalties | AZ Felony Convictions
Arizona State Law is harsh on felony convictions. Most people have too much to lose to accept a conviction. This is particularly the case if a serious felony conviction subject to Arizona’s “Mandatory Sentencing Laws”. Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms, even for life, within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies Subject to AZ “Mandatory Sentencing Laws”
In Arizona, serious felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous or violent crimes;
2) Sexual assault or other violent assault crimes;
3) Assault with use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery
6) Repeat offenses;
Defense Lawyers in Gilbert AZ for Felony Criminal Charges
It is crucial for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a successful defense and trial record. There are two primary stages during the criminal justice process that top Gilbert Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Gilbert criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

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10 Ways Gilbert DUI Lawyers Defend Blood Alcohol Tests

DUI blood alcohol test results evidence can be challenged by your Gilbert DUI Attorney. In some cases, this can lead to a total dismissal of your Gilbert DUI charges
AZ DUI Law | Defending Blood Alcohol Content (BAC) Test
If you were charged with a DUI in Gilbert AZ based upon your DUI blood testing results, you should contact a Gilbert DUI lawyer as soon as possible. In many cases, your DUI defense attorney can challenge the prosecution’s blood evidence. This may lead to suppression of that evidence and total dismissal of your DUI charges.

Here are at least 10 reasons your Gilbert AZ DUI lawyer might use to challenge the prosecution’s evidence relating to your DUI blood test results:
1. Errors in the blood testing process occurred;
2. Police did not follow required protocol related to DUI blood alcohol testing, analysis, preservation, or transport;
3. The officer who conducted the blood test was did not have the credentials or proper training in phlebotomy and DUI blood testing;
4. The blood sample was retested by your DUI defense attorney and found to be largely different that the blood test results processed at the crime lab;
5. Due to improper labeling the blood sample belonged to someone else;
6. The blood sample container was not properly sealed for transport; for processing;
7. The expiration date of the DUI or Drug testing kit used by police had expired.
8. The DUI or drug blood testing kit used by police had been exposed to prolonged extreme Arizona heat due to improper storage.
9. The police had their blood sample processed at a local hospital. Most busy hospitals and medical facilities designed for medical testing and treatment for sick or injured patients s are usually not required to follow strict protocol for processing of criminal or DUI blood testing evidence.
10. The officer who conducted the test or arrested you for Gilbert DUI, refused or failed to give you a blood sample for your Gilbert DUI defense attorney. This is a violation of your constitutional rights.

Criminal Defense Attorneys – DUI in Gilbert AZ
When you consult a Gilbert DUI attorney to defend DUI charges, ask them if they intend to retest the blood sample. Good Gilbert DUI lawyers do this on every DUI defense case involving DUI blood testing results. Be sure to inquire who will be responsible for the blood retesting fees at defense retesting. The charge for this service is currently between $250.00 and $350.00. Many AZ DUI lawyers will factor the fee into your total defense cost. Some DUI attorneys in AZ take care of this cost as a courtesy. But if your DUI lawyer requires you to pay the fee on top of defense costs, it is well worth it, to pay to have it retested. Many AZ DUI charges have been dismissed because the tests were challenged successfully by a DUI defense firm. The best Gilbert criminal defense attorneys in AZ understand the importance of examining all the aspects of the DUI blood test results. If they find weaknesses or flaws in the prosecution’s blood sample evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments, which may lead to a total dismissal of your Gilbert DUI charges.

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The Best Criminal Attorney in Gilbert AZ is the One that is Best for You

There are many good criminal defense and DUI attorneys who can defend your criminal or DUI charges in Gilbert AZ. But the fact is, the very best one, is the one that is right for you. Sound simple? For the most part it is. And it will take some effort on your part. But in the long run it make just mean the difference of whether or not you get a conviction or a dismissal of your criminal or DUI charges. It applies to the old cliché “Sweat now, bleed less later.”

Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your Gilbert AZ Charges:
• The internet. This may sound remedial. But some people do not realize they should hire an attorney licensed in criminal law in Arizona to defend their Arizona charges. Look for “criminal defense attorney” or “DUI defense Attorney” DUI or Criminal Defense law firms, and the like. Be sure to limit your search within the jurisdiction, city or county and state you received the criminal charges or where you were arrested. Then select a few Criminal and DUI attorneys.
• Review the Attorney’s Website in more detail. Limit your search to Arizona Attorneys who defend cases within Maricopa County, and often in Gilbert AZ Court. The Attorney you choose should be licensed to practice criminal law in the state of Arizona.
• Web Directories. There are literally hundreds of on-line Attorney directories. Again, limit your search to Arizona and the practice areas of criminal defense and DUI defense in the city, county, or jurisdiction in Arizona you were arrested or charged with a crime. .
• Review Sites and Forums. There is a wealth of information that can be found through internet review sites and social networks and forums. Find out type of experience others have had and their outcomes by hiring a particular attorney. A word of caution, do not post details regarding your criminal or DUI charges before or during the process of your situation while you are looking. Your comments are public and can be used against you.
• Referrals from trusted friends, family or neighbors. Be sure not to discuss your particular situation or details surrounding your charges.
• Contact the Arizona State Bar and/or the Maricopa County Bar Association to find out if they are licensed to practice criminal law in Arizona and for how long. They may also have other useful information to assist you.
• Once you have narrowed your search to a few attorneys that you feel are qualified and have the experience and credentials to defend your case, contact them for a Free Consultation.
• The consultation may be by phone or in person, whatever is agreed upon by you and the criminal defense attorney. Explain your charges, and answer any questions they have relating to your situation. The attorney will need to get information to further assist you, discuss your defense options and you’re your a rate quote for retaining their legal representation.
• Use the consultation not only to get information relating to the charges and your defense options, fill the voids of information you would like to know about that attorney to help you make your decision. This should include qualifications, knowledge, training, experience, credentials, defense at trial, and how often they defend cases in Gilbert AZ. Most criminal defense or DUI attorneys should be able to give you a rate quote by phone. Ask about fees and flexible payment plans if needed. Ask whatever you need to know to make you feel confident you are making the right decision.

Choosing the best Attorney to defend you in Gilbert AZ for your DUI or criminal charges is an extremely important decision. Your freedom and future are in jeopardy. You need to find the best defense attorney for you. A well thought out decision will increase your chances of getting your charges dropped, a not-guilty verdict, a dismissal or reduction of charges or sentencing rather than a harsh conviction.

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