The Mayor of Phoenix AZ recently announced plans for the largest Gun Buyback Program to be held in May 2013. It is being funded by an anonymous donation of $100,000.00.
A Gun Buyback Program is an organized jurisdictional effort to compensate gun owners in return for their guns. The goal is to take unwanted guns off the street so that they are not a threat to police officers or residents of the communities.

Here are some facts that have been released about the program:
• It will be conducted every Saturday in May, excluding Memorial Day weekend;
• Sessions will be held in various different parts of Phoenix in church parking lots or other trusted locations;
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• Anyone can drop off a weapon anonymously. City officials announced that no questions will be asked regarding the source of the firearm or it’s possessor;
• The owner will receive an unknown amount to be determined at a later date for the weapon;
• The Phoenix Police will check to see if the firearm was stolen. If so, it will be returned to the rightful owner;
• If the weapon was used in a criminal offense, it will be retained by police to be used an investigation.

• All other firearms will be taken out of circulation.

More details will be released as May approaches. For more information a person can contact *Arizonans for Gun Safety at 602-547-0976.


Criminal Defense Attorney Phoenix AZ

Gun offenses are very serious crimes in Arizona. Convictions under A.R.S. 13-3102 Arizona criminal code call for harsh penalties, many of which are felonies. All firearms used in the course of conducting or fleeing from a crime are felonies, and call for aggravated sentencing of the initial crime. Felony convictions call for a minimum sentence of 1 year in prison, and loss of the right to possess a gun, and classify the person as a Prohibited Possessor under the Arizona gun laws.

If you have been arrested for any weapons crimes under Arizona you should always consult a criminal defense attorney before pleading guilty to charges. If retained, they will protect your rights, defend your charges, and make every effort to get a good outcome in your case. There may be constitutional rights that were violated, or other defenses that may be used to resolve the matter favorably on your behalf.

*The Law Office of James Novak is a criminal defense firm serving clients in the Phoenix area. It has no affiliation with Arizonans for Gun Safety or the Phoenix Police Department.

Additional Resources:

• Phoenix Buyback Program

Arizona Gun Laws

Arizona sentencing for serious, violent or aggravated offenses

Phoenix Police Department

Phoenix Superior Court

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The correct way to confront your accuser as afforded under the 6th Amendment of the US Constitution.

Your Legal Rights to Confront Your Accuser or Witness

A defendant has many rights under the State and US Constitution. The 6th Amendment of the US Constitution affords the accused of the right to confront their accuser or witnesses against them.

Under the Arizona State Law A.R.S. 13-114 (3) a person is afforded the right to confront witnesses against them, in a criminal case, as prescribed by law.
It should go without saying, that this does not mean a person has right to physically or directly confront a person, outside of the criminal justice process. It means that a defendant has a right to confront witness against them as part of legal proceedings. This is the most commonly and effectively done through cross-examination of a witness in trial, through the defendant’s criminal defense attorney. It involves questioning the witness regarding their testimony.

If these rights are violated, it may lead to suppression of the eyewitness identification or testimony. Violation of this right may lead to suppression of the witness testimony being used as evidence against a defendant.

Challenges to Witness Testimony
The Six Amendment also protects a defendant from being found guilty of a crime, based on “hear say” testimony. Some questions regarding admittance of evidence for example “here say” testimony, the parties may negotiate or decide the matters during evidentiary hearings, or conferences. If the Prosecution and Defense are in disagreement regarding the validity of a particular witness testimony, the judge may rule on whether or not it may be admitted.

Other factors may invalidate a witness statement or prove them less than accurate, before or during trial. Validity of a testimony may be compromised due to such external factors including: influences by other people; obstruction of a witnesses view; length of time that has elapsed since the incident and the testimony; confusion; reduction of recollection of the incident by the witness; unbiased nature of the witness; lack of proper lighting to see the witness; inattention of the witness during the incident, distractions or noise surrounding the witness; stress and other circumstances. In these cases, the defense lawyer may file a motion to suppress that the invalid testimony or identification, from being admitted so that it may not be used against the defendant.

Nonetheless, other material evidence should be always be used to increase the validity of witness identification or testimony. Material evidence may include such things as photographs, surveillance video, fingerprints and DNA comparisons.


Burden of Proof

In absence of a “guilty” plea or conviction, a defendant is guilty until proven otherwise by a court of law. In order to get a conviction, the State of Arizona and Prosecution must prove “beyond a reasonable doubt” that a defendant is guilty of committing a crime.

If the prosecution wishes to use a witness statement or identification against the defendant, their defense attorney will usually examine this identification or testimony to confirm its validity. If the witness identification or testimony raises reasonable doubt due to invalidity, it may lead to suppression of this evidence, and in some cases, a dismissal of charges.

Criminal Attorney for defense of criminal charges in Mesa AZ

Any criminal charges in Arizona can potentially be serious. You should always consult a qualified criminal defense attorney before pleading guilty to any criminal offense. Although you may have been arrested, you are still presumed innocent by law. You have the right to hire a lawyer to defend your charges. If retained, they will protect your rights; make sure you are treated fairly, and defend the charges against you. This will increase your chances of getting a favorable resolution in your case.

Additional Resources:

The 6th Amendment of the Constitution

Arizona State Legislature – Right to Witness Confrontation

Arizona State Legislature – Presumption of Innocence
Arizona Rules of Evidence – Recent Amendments

Mesa AZ Municipal Court

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If you plan to move or travel to Arizona; you should become familiar with Arizona’s strict prescription drug DUI laws.

A person may be arrested in Arizona for a DUI, if they are not driving drunk, and even if they have had no alcohol at all. Last year Drug impairments accounted for 15% of all DUI arrests in Arizona. Police attribute many of these to Prescription DUI violations. If a motorist is driving impaired due to Prescription-only medications solely or in combination with alcohol, they may be exposed to a DUI Arrest. Convictions for drug related driving impairments are generally as severe as those for alcohol related impaired driving charges.


Arizona Prescription Drug DUI Laws

A.R.S. 28-1381 – In Arizona it is unlawful for a person to drive or be in actual physical control of a vehicle, if the person is “impaired to the slightest degree” while:

• Under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;
• If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle;
• Due to any drug defined under A.R.S. 13-3401 or its metabolite in a person’s bodily systems.


Prescription Drug DUI Penalties

A person found guilty of driving impaired due to prescription drugs will be convicted of a Class 1 Misdemeanor. Penalties first offense Drug DUI convictions include 10 days in jail; substance abuse education and screening; fines, fees, costs of $1250.00; 90 day driver’s license suspension; and probation; and Ignition Interlock Device (IID) one year.
A second violation, within 7 years is a Class 1Misdemeanor. Penalties include 90 days jail; $3,000.00 fines, fees, costs; license revocation for one year; probation; Ignition Interlock Device (IID); and probation.
A third DUI violation of any kind within 7 years, with two prior DUI convictions elevates a DUI to a Class 4 Felony, or Aggravated DUI to a Class 4 Felony. Penalties call for 4 months in prison for the third DUI; and 8 months for subsequent impaired driving convictions; fines, fees, costs of at least $4,000.00; driver’s license revocation for 3 years; ignition interlock device (IID) 2 years; probation or community service; and a felon criminal record.

These penalties may vary slightly, and additional penalties may apply.

Prescription Drugs Defined

A.R.S. 13-3401 (28) includes the definition of “Prescription only drug” and means;
• Any toxic or potentially harmful drug as recognized in the general medical community; and
• Is considered safe to use only under the supervision of a licensed and qualified medical practitioner;
• Limited or approved for use as new drug under Federal Rules and medical supervision; of a medical practitioner.
• Potentially harmful drugs with labeling that includes proper directions for use;
• Drugs required by the Federal Rules to include labeling with the test “Federal law prohibits dispensing without prescription” or “Rx only”.


Criminal Attorney for Prescription Drug DUI defense Gilbert AZ

Arizona has some of the toughest laws and penalties for conviction in the county. If you are arrested for any type of impaired driving in Arizona due to alcohol or drugs, your future and freedom are in jeopardy. But you have the right to defend their charges, and by law are innocent until proven guilty. You should consult a criminal defense attorney, regarding your matter before deciding to plead “guilty”. If retained, a qualified legal advocate will protect your rights and defend your charges. There may be defenses you are not aware of that could lead to a case dismissal, reduction of charges, or mitigation in sentencing.


Additional Resources:

Arizona Prescription Drug Definition

Arizona DUI Laws

• Gilbert AZ Police DUI Enforcement Units

• Criminal Court Gilbert AZ

• Arizona MADD.org

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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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“We are going big” says AZ DPS in preparation for intense week of DUI enforcement

A DUI may result in an arrest, jail time, but you can also wind up costing a person their job. That’s just a few consequences of a DUI conviction. Arizona calls for tough criminal penalties; civil penalties such as loss of driver’s license; and other consequences.
The Arizona Governor’s Office of Highway Safety (AGOHS) announced it has organized 12 task forces for what it considers to be an intense week of DUI through January 1, 2013.

The DUI task forces 40 – 100 strong include 70 law enforcement agencies valley-wide, and working with Arizona Department of Public Safety.

The goals this year include focusing on both drivers impaired due to alcohol or drugs, especially extreme DUI arrests. The AGOHS reported that Extreme DUI arrests increased statewide 12% from 2011 to 2012. Total DUI arrests have increased over 14% overall from November during this from this time last year to December 27, 2012.

AZ DPS, Director Alberto Gutier, reported to local media sources that instead of employing DUI task forces, that officers would be out tar employs the DUI checkpoint method, in geo-targeted patrols throughout the valley. He indicated that they want to send the message that they are everywhere verses one particular checkpoint.

Arizona DUI Laws

In Arizona it is unlawful to drive “impaired to the slightest degree” due to alcohol or drugs under the legal limit of 0.08% due to alcohol or intoxicating drugs.

A person may also be arrested for DUI if they are driving over the legal limit with a Blood Alcohol Content of 0.08% person.

Driver’s with BAC limits of 0.15% or more will be charged with Extreme DUI; and BAC limits that exceed 0.20% or more will be charged with Super Extreme DUI under Arizona Law. Higher the BAC limits call for harsh sentencing including longer jail terms.
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The legal drinking age in Arizona is 21, and a motorist under the age of 21 found to have any alcohol in their system, will be arrested, whether or not that driver is impaired.
DUI charges generally brought as Misdemeanors unless Aggravated Factors exist. If Aggravated Factors are present, the charges will be prosecuted as Felonies. These factors include a third DUI with two prior DUI convictions with 84 months; driving impaired due to alcohol or drugs with a child passenger under the age of 15 years old; driving impaired with an invalid driver’s license; or one that involves a serious or fatal auto accident.

DUI Defense Attorney, Chandler AZ

If you face drunk or impaired driving charges, your future and freedom are in jeopardy. You should consult a criminal defense attorney regarding your matter, before your first court appearance. If retained, they will protect your rights; and defend your charges. There may be defenses you are not aware of that could lead to case dismissal, or otherwise favorable outcome in your case.


Additional Resources:

Arizona Statewide DUI Enforcement Statistics 2012

Arizona Department of Public Safety

Arizona Governor’s Office of Highway Safety

State Legislature – Extreme DUI Laws

Chandler Police Department

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Combined Resources Creates Larger Valley-wide DUI Task Force December 2012

This year Phoenix AZ, East Valley, and West Valley are combining DUI Task Force Efforts to create one large task force, for better efficiency and safety.

The Special DUI Task Force will be in place for the rest of month of December 2012. A central Command Post will be set up at Devonshire Community Center. It is located at the intersections of E. Devonshire Ave and 28th Street, in Phoenix AZ. Police will also set up DUI Field Vans, with Preliminary Breath Test Units, throughout the valley.

DUI Charges

DUI charges represented the largest number of crimes in Arizona in 2011. A total of 35,505 arrests were made or 14% of all crimes committed in Arizona last year. In an effort to decrease incidents of drunk driving or Drug DUI, Maricopa County police have actively sought out DUI motorists with DUI Sobriety Checkpoints set throughout 2012. This year, they increased their presence and safety checkpoints around holidays, events, and times where high volumes of traffic were expected.

DUI Laws

Arizona has some of the toughest DUI laws and penalties in the country. A first-time DUI is a Class 1 Misdemeanor. Under A.R.S. 28-2831 it is unlawful for a person to drive or be in actual physical control of a vehicle while:

• Driving “impaired to the slightest degree” due to any alcohol or drugs;
• If the person has an alcohol concentration of 0.08 or greater within two hours of driving or being in actual physical control of a vehicle.

In Arizona the legal limit for alcohol or Blood Alcohol Content (BAC) is 0.08%. However, a person may be guilty of DUI even if their BAC was below 0.08%, if due to alcohol or drugs they were driving “impaired to the slightest degree”.

Before making an arrest, the police will conduct an investigation to determine if they have probable cause for a DUI arrest. This may include Field testing, breath testing, and or blood testing.

DUI Penalties

First-time non-extreme DUI conviction will result in the following penalties:

• 10 jail sentence;
• Suspension of driver’s license for 90 days;
• Ignition Interlock Device (IID) on vehicle following reinstatement of driving privileges;
• Fines, fees, costs and assessments of at least $1,200.00;
• Probation;
• Alcohol/drug abuse education and counseling which will reduce jail time to 24 hours if successfully completed;
The higher the Blood Alcohol Content (BAC) level found in a person’s system, the higher the penalties.

Laws and sentencing are more severe for repeat offenses. If a person is found guilty of a third DUI within 7 years, even if the prior DUI charges occurred in another state, they will be convicted of an Aggravated DUI which is a Class 4 Felony. Penalties for Felony DUI call for:

• 4 months in prison;
• Fines, fees, and assessments of S4,000.00;
• Driving privileges revoked for 3 years;
• 24 months of IID after reinstatement of license;
• Parole;
• Drug and Alcohol counseling and treatment;
• Community Service
• Felony criminal record

Criminal Defense Attorney for DUI Charges in Phoenix AZ

If you face DUI charges of any kind you should always consult a DUI Attorney before pleading guilty or appearing in court. Even though you were arrested, you have the right to retain an attorney and defend your charges. Your legal advocate will protect your rights; provide a defense; and work to resolve your matter as favorably as possible.

Additional Resources:

Arizona DUI Laws

Arizona Department of Public Services (DPS) – 2011 Crime Statistics

Phoenix Police Department

• City of Phoenix – Municipal Court

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Disorderly Conduct also known as “disturbing the peace”, is one of the most common criminal offenses. In 2011, police made 17,537 arrests for this offense in Arizona, making it the 4th most common offense in the state.

Most are charged as Class 1 Misdemeanors, which carries a jail sentence. But depending on the circumstances, may be charged as Class 1 felony which exposes a person to harsh prison sentencing.

Disorderly Conduct laws cover a wide range of criminal conduct, which many perceive it as a “catch-all” offense. Others consider it a last resort charge, in those cases where police are annoyed with a person, and have no other applicable charges for which to cite a person. It is often coupled with other offenses such as assault, domestic violence, unlawful discharge of a gun, or resisting arrest.

Disorderly Conduct charges are often vague in nature, making it one of the most challenged criminal offenses in court. Often the suspect was acting within the order of their Constitutional Rights. They are often dismissed for the following reasons:

• Insufficient evidence;
• Lack of consistent credible witness statements;
• Violations in Constitutional Rights;
• Affirmative or Justifiable Defenses were successfully argued.
• Inability of the prosecution to “prove beyond reasonable doubt” that the crime was committed.

A.R.S. 13-2904 Disorderly Conduct Laws

A person is guilty of Disorderly Conduct, if, with intent to disturb the peace and quiet of a neighborhood, person, family, or business, other public or place, with knowledge of doing so commits the following:

1) Engages in fighting, violence or seriously disruptive behavior; and includes public drunkenness resulting in disorderly behavior;
2) Makes unreasonable and disruptive noise; or
3) Uses abusive or offensive language or gestures to against another that is likely to provoke immediate physical retaliation by that person; or
4) Makes commotion of long duration; verbal or physical display with the intent to prevent transactions of a business, lawful gathering, meeting, or procession; or
5) Refusing to comply with a lawful order to disperse for any of the following purposes:

• To maintain public safety;
• If they are within the dangerous proximity to a fire, or other hazard;
• Any other emergency as deemed necessary by civil local, or state officials, or criminal law enforcement entities.

These offenses will be charged as Class 1 Misdemeanors, and expose a person to jail, and other penalties.

A person will also be guilty of Disorderly Conduct if with intent and knowledge, displays or discharges a firearm, other deadly weapon, or dangerous instrument. This offense will be charged as a Class 6 Felony, exposing a defendant to prison, and other harsh penalties.


Criminal Defense Attorney for Disorderly Conduct in Tempe, AZ

Disorderly Conduct charges are not always justified, are often vague in nature. For these reasons criminal defense attorneys can often get them dismissed. You should never plead guilty before consulting an experienced criminal lawyer about your matter. If retained they will evaluate your case and determine what defenses may be used based on your circumstances. They will tell your side of the story; protect your rights; defend your charges; and work to get you the best possible outcome in your case.

Additional Resources:

Disorderly Conduct Laws

Arizona Department of Public Safety – Crime Statistics 2011

• Tempe Police Department – Resources

• Tempe City Court

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Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona
A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic.

It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive “Impaired to the Slightest Degree” due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist’s ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver’s license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, “impaired to the slightest degree”, while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs
First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:

• 10 days jail;
• Fines, fees, costs of $1,200.00
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Suspension of Driver’s License for 90 days;
• Probation and/or
• Community Service

Super Extreme DUI laws in Arizona

A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor;
If a person is found to be driving with a BAC of 0.20 they will also be cited with “Impaired to the Slightest Degree”; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include
• 45 days in jail;
• Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver’s License for at least 90 days;
• Probation and/or
• Community Service

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead “Guilty” without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.

Additional Resources:

Drug DUI and Super Extreme DUI laws

Gilbert AZ Police Department

Alcohol/Substance Abuse Counseling and Treatment Providers

Arizona Department of Health Services – Behavior Health Resource Links

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Arizona remains a hub for Meth crimes. Get the facts. Know the consequences..

Throughout 2012, Marijuana laws, and offenses capitalized the news media, and social websites. However, there are other dangerous, illegal drugs, and controlled substances that continue to be used, possessed, manufactured, and transported in Arizona. One of the most dangerous of them is Methamphetamine. .

Almost monthly in 2012 we learned of large and small operating Meth rings and labs discovered in some alarming places. Meth Busts took place in residential homes, where children reside; offices; and mobile lab units. Arrests are frequent, and Arizona prosecutes offenses related to it, egregiously. Meth is classified in Arizona as a “Dangerous Drug”. Crimes involving them are prosecuted egregiously. Convictions of any Dangerous Drug offense carry prison terms.

Methamphetamine (Meth) Facts:

Meth is a highly addictive and dangerous drug. According to the National Institute on Drug Abuse, ingesting even small amounts of methamphetamine (Meth) can result in adverse symptoms such as irregular or rapid heartbeat, high blood pressure, and hyperthermia. Long-term abuse of Meth may include anorexia; severe dental problems and gum disease; anxiety, confusion, insomnia, behavior and mood changes that include violence and hostility. Serious and Chronic methamphetamine addictions may result in psychosis; paranoia, hallucinations, disturbing delusions. Overdosing may lead to convulsions, heart failure, stroke, other organ failure, and death. Chronic addiction to Meth has proven to lead to of infectious diseases such as and HIV/AIDS hepatitis B and C due to IV use or high risk behaviors.

Meth may be found in pill, or powder form. Crystal Meth is formed in glass fragments or bluish-white rocks. It has many common street names including but not limited to “Crank”, “Crystal”, “Glass”, “Speed”, and “Ice”, just to name a few.
Methamphetamine may be obtained through importation by “super labs” or dealers outside the USA; they are also manufactured here in the USA in large or small labs. In Arizona they are often found in ordinary residential neighborhoods, businesses, and in mobile labs.

Meth is illegal in Arizona. Crimes include use, possession, transport, sales, or administration. It also has been known to lead to other criminal behaviors such as theft, burglary, robbery, assault, and other violent crimes.

Arizona State Meth Laws and Penalties

It is illegal in Arizona, and considered a “Dangerous Drug” by Definition (A.R.S. 13-3401) and strict laws pertain to possession, use, sales, transport or administration (A.R.S. 13-3407).

Dangerous Drugs are prosecuted by the state egregiously. Meth is also illegal under Federal Law. It is categorized as a Schedule II stimulant under the Controlled Substances Act. Schedule II Stimulants are recognized as having high abuse potential, with limited medicinal uses in the medical community.

As a border state Arizona is has experienced heavy trafficking of Meth into the country. The Maricopa County Sheriff’s office has used Meth-task-force organizations to monitor the desert skies by aircraft along desert corridors. Other police efforts have included aircraft drone surveillance; under cover informants; special camouflage equipment; night vision resources; and community outreach programs to help combat the Meth problem in the valley.


Criminal Defense for Meth Crimes

If convicted, all Meth crimes are classified as Felonies, and generally carry harsh prison sentencing. If you were arrested for a drug crime you still have the right to defend your charges and retain a criminal defense firm on your behalf. If retained, an experienced criminal defense attorney will evaluate the evidence; defend your rights; determine if it is weak or unjust; determine if your rights were violated; and if there are any defenses that can be used to get a favorable resolution to your charges.


Additional Resources:

Arizona State Legislature – Meth Defined as Dangerous Drug

Arizona State Legislature – Dangerous Drug Laws involving Meth

Arizona Drug Enforcement Program

Arizona Substance Abuse Treatment Center Index

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