Articles Tagged with AZ DUI Laws

Field Sobriety Tests – “What Police Don’t Want You to Know”
Good Gilbert DUI Attorneys may get your Gilbert DUI Charges dismissed by challenging the results of your Field Sobriety Tests
Field Sobriety Tests
Field Sobriety Tests (FST) is standardized tests adopted by the United States National Highway Traffic Safety Administration (NHTSA). To the contrary, many of the best AZ DUI attorneys don’t consider them true or realistic tests, due to their subjective nature and police biases in reporting results. For this reason, many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Gilbert, AZ.
What Gilbert Police Don’t Tell You
One thing Gilbert Police don’t want you to know is that Field Sobriety Testing is
not required under Arizona Law. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them when the police ask you to. The reason being, that if you refuse, the police may arrest you on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge them through the proper legal channels. The choice is yours. Depending on each person’s set of circumstances, they must make their own choice, at the time of the stop.

FST results are determined by the Gilbert police, and are the least reliable of any Gilbert DUI evidence that can be used against you. It is sad but true that the Gilbert Police may intentionally make it sound like you did more poorly on the tests, then you actually did. . The Gilbert Police want arrests. Gilbert Court wants convictions. But studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors including stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. This is another reason why they are often challenged by experienced DUI Layers who defend cases in Gilbert. The actual purpose for the FST is to use it as a preliminary source, to assist the officer in determining if further DUI testing is needed. It was never intended to bear the weight of convicting you in a court of law of a DUI. But the prosecution will attempt to place more weight on that evidence if the police report that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU HAD THE DISADVANTAGE OF PERFORMING THE TESTS UNDER UNFAVORABLE ROADSIDE CONDITIONS INCLUDING BY NOT LIMITED TO WEATHER, ENVIRONMENTAL OR LEVEL LANDSCAPING.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED LIGHTING AND OTHER CONDITIONS THAT SIMPLY DO NOT EXIST DURING A ROAD SIDE ENVIRONMENT.

• THE POLICE TESTED YOU WITH FST WHILE IGNORING THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY CAUSE A PERSON TO BE AN UNFAVORABLE CANDIDATE FOR THE TEST INCLUDE BUT ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID.

• THE POLICE OFFICER FAILED TO REPORT, INDICATE, OR POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS. THE POLICE THEN REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• YOU DID POORLY ON THE TESTS BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMIDATED BY THE POLICE.

• THE POLICE UNTRUTHFULLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY LAW.
These are just a few arguments of many that an AZ DUI Attorney can use to challenge Field Sobriety Test results that lead to your Gilbert DUI charges. You should consult a good Gilbert DUI attorney who defends DUI cases frequently. The proper training, education, litigation and defense experience, are needed to properly challenge these issues. FST is just one of many aspects of your DUI that can be challenged in an effort for your Attorney to fight to get your Gilbert DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

If you have been charged with any Gilbert 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, 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 Gilbert DUI Defense Attorney and James Novak (Former Prosecutor).

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One Defense used by Gilbert DUI Attorneys that
May Get Your Gilbert DUI Charges Dismissed
Illegal DUI Stop

If you were arrested for a Gilbert DUI, you should immediately consult an AZ DUI Lawyer who defends Gilbert DUI charges in the Gilbert Courts on a regular basis. Your Gilbert DUI Attorney will ask you some important questions. One of the first questions a good AZ DUI attorney will ask you is “Why did the Gilbert police claim they pulled you over for the stop? Although that may sound like an irrelevant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Gilbert DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a “reasonable suspicion” that a crime or traffic offense has been committed or is in progress in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops, which require an advanced mathematical formula decided by City or County Officials or the Police Department Management as to which vehicles to stop).

“If your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed.”

If the officer did not have a valid “reasonable suspicion” as described above, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one’s own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Gilbert. These types of driving actions are commonly seen in unimpaired drivers.

If the Gilbert DUI stop by the police was illegal then your Gilbert DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police officer works closely with the prosecution, to justify that their actions of stopping the vehicle are convincing that “reasonable suspicion” existed for the stopped. If the Prosecution and your Gilbert Defense Attorney are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome.

The best outcome of course is that if the prosecution agrees or judge decides that your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed. To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free “Arizona Winning DUI Defense Strategies” © books written by winning defense Attorney James Novak, which includes “101 AZ DUI Defenses” ©.

If you have been charged with any Gilbert AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, 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 James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Tempe, Chandler, Scottsdale, Mesa, and surrounding areas valley-wide within Maricopa County Arizona.

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“The fact that you were charged with a Gilbert DUI does not make you guilty”
“An Extreme DUI charge can be reduced or dismissed with a good Gilbert Criminal Defense or DUI Lawyer”
Any Gilbert DUI Attorney you will advise you of how serious a Gilbert DUI can be and how committed Gilbert Prosecution is, in going after Gilbert DUI convictions. Gilbert, Arizona Police Department’s reputation precedes itself for being one of the most aggressive cities in Arizona for DUI arrests and their active search for drunk drivers. A Gilbert AZ Extreme DUI is even more serious with negative impacts that can last a lifetime. Gilbert DUI laws, classifications, and penalties, fall under the rule of Arizona State Laws. A Gilbert DUI charge becomes an “Extreme DUI” if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is measured by a breath alcohol or blood test administered by the Gilbert Police and testing personnel. If your BAC level exceeds 0.20 it is then designated as a “Super Extreme” which brings more severe penalties including longer jail or prison time, along with other severe penalties if convicted. If you have been charged with an extreme DUI in Gilbert, Arizona it is important that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Gilbert on a regular basis in the Gilbert Court.

Gilbert DUI Laws

Arizona Extreme DUI Laws
“Article 3 Driving Under the Influence
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20. {Extreme DUI}
2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)

Gilbert DUI Defense Options (first offense Extreme DUI):
The fact that you were charged with a crime does not make you guilty. A charge is not a conviction. It simply means that at the time of the arrest, the police felt they had “probable cause” do charge you with a Gilbert DUI or Gilbert Extreme DUI. An experienced Gilbert DUI Attorney may be able to challenge that evidence and disprove that cause, along with the use of other defenses. Sometimes all your DUI Attorney needs is one good defense. If you have received a Gilbert AZ extreme DUI here are your options:
A. Plead “guilty”. You could face (for first offense) minimum 30 days jail and up to 6 months; have your vehicle impounded; be required to use an Ignition interlock device on your automobile; have your driver’s license suspended up to 90 days, be required to attend alcohol or drug treatment program; be put on probation; be subject to court ordered fines, fees, or restitution depending on your case. A second DUI or third DUI or more carry devastating punishments including extended jail and prison sentences for convictions.
B. Ignore it. If you fail to appear for your court date on the required time and day scheduled, a warrant for your arrest will be issued by the court.
C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous, and not recommended by most criminal defense or DUI lawyers. The results can lead you to a conviction fast. The prosecution knows the court’s protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.
D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Gilbert Court often. A good AZ criminal defense or DUI lawyer who defends cases frequently in Gilbert will know the system, the judges, the prosecution, protocol and most importantly what defenses can be used to negotiate a DUI charge dismissal, or reduction, and get the best possible outcome in your case.

There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Gilbert DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, “probable cause” police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome in your case. You will not get such benefits or evidence challenged without a good private practice Gilbert, AZ Criminal or DUI attorney. Your chances of getting an Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Gilbert Criminal Defense or DUI Lawyer.

If you have been charged with any Gilbert 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 Gilbert, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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