Articles Tagged with DUI in tempe AZ

How to find the “Best” DUI Lawyers in Tempe AZ

How Good Criminal Lawyers turn into the “Best” Tempe Criminal Defense Attorneys

There are many good DUI & Criminal Defense Attorneys lawyer in Tempe. But this article will reveal some factors that make a good DUI and criminal lawyers, the best DUI & Criminal defense lawyers in Tempe AZ. Below is a list of some of many traits turn the good into the best. But to pick the one most important, my opinion is that it is the DUI or Criminal lawyer who can identify and utilize the best defense strategy for the DUI or criminal case they are defending Many criminal and DUI cases have been won, dismissed or acquitted due to details or procedural errors. Every DUI or Criminal case has its own unique defendant, evidence, and facts. Criminal defense attorneys must tailor and customize the defense strategy based on those factors. One size does not fit all, when it comes to a defense strategy for Tempe DUI and Criminal Cases.. The good thing about Former Prosecutors is that they know both sides Prosecution and Defense rules very well – what can and can’t be done for the defendant to get the best outcome in their case.

http://www.youtube.com/watch?v=kpJnSA-BRq0

DUI Lawyers in Tempe – What to Look for to Find the Best Criminal Defense Attorney

Good criminal defense attorneys must possess many important traits. Here will we look at just a few of those traits that make good DUI attorneys the best, as they relate to the matter of Arizona criminal laws and defenses:

• Experience, Experience, Experience;
• Trial Defense – hundreds, or thousands of hours in past litigation;
• Former Prosecutors -They get both of the above quickly and are in court almost daily.
• The ability to correctly interpret the law and defenses;
• Can identify those which will serve their clients defense the most effectively, under the proper circumstances;
• They never file frivolous motions which results in loss of credibility and respect of the judges and prosecutors in the courts they defend clients in frequently.
• At the same time, they never under estimate a power and effectiveness of filing early motions in defense, if they are justified. These sometimes involve procedural issues such as 1). Prosecution taking place in an incorrect jurisdiction; or 2). The time limit to prosecute and formally charge someone with a certain crime is outside the constitutional time limitations.
• They defend cases in Tempe Criminal and Tempe Dui courts frequently; they know the prosecutors, judges, procedures and protocol- it does make a difference.
• They have the ability to explain complex issues of AZ criminal law into simple terms for the client and the jury if needed;
• They are dedicated, and passionate about defending their clients and getting them the best possible outcome;
• They make sure defendants are treated fairly and with respect under Arizona laws;
• They will 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;
• They will conduct their own investigation, concurrently with the prosecution building theirs;
• They will 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.

There are many other factors to consider outside of the realm of this article which highlights defense strategy. On this blog site we cover this issue continually. So if you would like more information on this topic, you can check the archives, and subscribe to new posts with always current content. Let us know if you “Like” this post and we welcome you to “Share”!

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Find out why the Tempe Criminal Court, for which you have been haled, can reveal a lot about the nature and seriousness of your Tempe DUI or Criminal Charges.
If you were arrested or charged with a crime or DUI in Tempe Arizona, you will most likely need to appear in a Tempe Criminal Court. When choosing a DUI or Criminal Lawyer, be sure to retain a Good Tempe DUI or Criminal Attorney who defends clients regularly in the court for which you have been instructed to appear. During your consultation with the Tempe DUI or criminal attorney, they will almost always ask you what court you are required to appear. They will ask you this for one or more of the following reasons:

1. To confirm that you need representation in a court for which they regularly defend DUI or criminal charges;
2. To confirm they are licensed and qualify to defend you in that court;
3. To get an idea of the nature, and seriousness of your charges;
4. To access if you were charged with a Tempe felony or misdemeanor;
5. To determine if the court you are required to appear is a “Limited Jurisdiction or “General Jurisdiction” court.

Tempe Criminal Courts

“General Jurisdiction” verses “Limited Jurisdiction” Courts in Tempe AZ: Their Differences and why it Matters

Tempe Municipal Court ∙ Tempe Justice Court ∙ Tempe Superior Court

The main difference between Municipal, Justice and Superior Courts involves the types of cases that can be heard in them. Arizona courts have been granted authority by Arizona Constitution to handle certain types of cases. For example, some of the lower courts are limited in what types of criminal cases they have authority to hear. This difference is described as “Limited Jurisdiction” verses “General Jurisdiction” as it relates to Arizona Criminal Courts:

A) Municipal or City Courts are Limited Jurisdiction Courts. This is considered a lower court. The City courts have limited jurisdiction and have authority to hear only limited types of criminal cases. The majority of the cases heard in Tempe City Court are Misdemeanor charges. Under certain circumstances, preliminary hearings for felonies can be heard in Tempe City Court.

B) Justice Courts are Limited Jurisdiction Courts. Similar to City Courts, the Justice Courts have limited jurisdiction over what types of cases can be tried or heard in them. The Justice courts in Arizona, usually hear Tempe Misdemeanor cases. However, some preliminary hearings for felonies can be heard in Tempe Justice Court.

C) Superior Courts are General Jurisdiction Courts. Arizona Superior Courts are considered state wide trial courts. They have authority to hear wide variety of criminal cases. The types of criminal cases tried in this court, however, are primarily Felony cases. Although the Arizona Superior Court is a single entity, it has multiple locations in each county within the state of Arizona. And each county, in Arizona, including Maricopa County, has at least one Superior Court Judge.

Types of Criminal & DUI Cases heard in Arizona Municipal/City Courts, and Arizona Justice Courts

1. Tempe Municipal & City Courts: Municipal courts & City Courts, in Arizona hear the following types of criminal cases:
• Misdemeanors;
• Misdemeanor DUI (Driving under the influence of alcohol); without an auto accident with injuries involved;
• Misdemeanor hit-and-run; without injuries;
• Misdemeanor reckless driving without injuries;
• Petty offenses; committed within that city, (Tempe AZ).
• Municipal or City courts also share jurisdiction with justice courts over certain types of violations relating to Arizona law, if the crime was committed in that city (Tempe AZ).
2. Justice Courts – AZ Justice Courts hear the following types of criminal cases:
• Misdemeanors;
• Some felony preliminary hearings; and
• Misdemeanors criminal offenses punishable by a fine of less than $2,500 or less than six months in county jail.

3. Superior Courts – The Arizona Constitution provides the Arizona Superior Court jurisdiction over the following types of criminal cases:
• Superior Courts in Arizona have exclusive jurisdiction over Felony cases;
• Superior Courts share jurisdiction with Justice Courts over misdemeanors when the potential penalty does not exceed $2,500 or imprisonment for six months;
• If no other court has jurisdiction or authority to handle a particular case, Superior Courts may have jurisdiction over that case.
You should always consult a criminal defense attorney or DUI lawyer who defends charges in the court jurisdiction you are required to appear. Your freedom and future may be great risk. Your chances of getting your DUI or criminal charges dismissed or any other good outcome in your case increase by retaining a good Tempe DUI or Tempe criminal defense attorney.

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If you have been charged with a felony DUI in Arizona, you should consult a Tempe DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI in Tempe exposes you to severe penalties if convicted. You will need an experienced Private practice Tempe DUI defense attorney to defend your felony DUI charges.

Arizona Felony DUI Laws:
Below are three factors that will aggravate a Tempe Misdemeanor DUI and elevate it to a “Felony DUI” or “Aggravated DUI” charge in Tempe AZ:
A.R.S. §28-1383(A) (1): (Paraphrased) The AZ DUI arrest occurred while your drivers license was suspended, restricted or revoked – Class 3 Felony
A.R.S. §28-1383(A) (2): (Paraphrased) Your current Tempe DUI charge is the third DUI in 7 years and at least two prior DUI were convictions within the last 7 years. – Class 3 felony
A.R.S. §28-1383(A) (3): (Paraphrased) Your current Tempe DUI charge was aggravated by the fact that a child under 15 years of age was a passenger in the vehicle while you were driving impaired, DUI, DWI, or Drunk Driving. – Class 6 Felony
DUI Penalties – Felony DUI Sentencing in Arizona
A Tempe Felony DUI conviction exposes you to mandatory sentencing guidelines. Each case has its own unique circumstances. Various facts surrounding your DUI dmay affect the Felony DUI penalties ordered by the judge if you are convicted. The mandatory DUI penalties under Arizona Law you may be exposed to include, but are not limited to the following:

• Long Term Felony criminal record;
• Jail time that ranges from one day to one year;
• Prison time from 4 months to 2 ½ years of incarceration;
• Revoking of your drivers license for 3 years;
• Lengthy supervised probation;
• Use of Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fee;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
*The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.

Felony DUI Penalties for a Tempe DUI conviction may be “aggravated” or
“mitigated”. Aggravated penalties are the result of those factors that surround your Tempe DUI that support the prosecution’s case against you. These are factors that will warrant more serious DUI punishments. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Tempe DUI Defense – Felony DUI Charges in Tempe AZ
Do not expect the judge or prosecution to offer you more mitigated sentencing out of compassion due to the fact that you do not have a private practice Tempe DUI defense attorney.

Without compelling arguments presented or motions filed by your Tempe DUI Defense Lawyer on your behalf, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find mitigating factors that will lead to a reduction of your penalties if your are convicted of a felony DUI charge.

The felony DUI penalties are so severe, and intrusive on a person’s life, that they may feel that the situation is hopeless and do not think a Tempe DUI Attorney can help them. However, to the contrary, Felony DUI charges are often dismissed or reduced by good Tempe DUI defense attorneys. A qualified Tempe DUI lawyer or AZ criminal defense lawyer can defend any Tempe Felony DUI charge regardless of the severity or classification, or the amount of your Blood Alcohol Content or BAC levels (extreme or non-extreme). In many cases a Tempe DUI lawyer is able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Early retention of a good private practice Tempe DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Tempe DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

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Tempe DUI Lawyer | Felony DUI | AZ DUI Defense | AZ DUI Laws

Q. Is a Tempe AZ DUI charge a Felony or Misdemeanor?
A. Tempe AZ DUI charges can be classified as either a Felony or Misdemeanor. A majority of Arizona DUI charges are classified as Misdemeanors. Examples of misdemeanor DUI include the following:
• Impaired driving to the Slightest Degree
• Impaired driving with Blood Alcohol Content -BAC Over 0.08%
• Impaired driving with a BAC Over 0.15%
• Impaired driving due to drugs – “Drugs” can include legal or illegal drugs; prescription or non-prescription drugs; dangerous or non-dangerous drugs; or drugs combined With alcohol
• DUI, DWI, Drunk Driving while driving a Commercial Vehicle
• Underage 21 drinking – With or without driving
• First Time DUI & Second DUI non-extreme Blood Alcohol Content Level – BAC
• First Time Extreme DUI & Second Extreme DUI
Q. What is the difference Between a Felony DUI and Misdemeanor DUI in Tempe AZ?
A. The main differences between a Felony DUI verses Misdemeanor DUI are primarily “aggravating” factors that surround an Arizona DUI charge, and the severity of the penalties. A “Felony DUI” is also known as an “Aggravated DUI”. “Aggravating factors” are those things that cause a DUI to be more serious or dangerous. By Law, Arizona imposes more serious sentencing and penalties on Felony DUI charges.

Q. What are some “aggravating factors” that turn a Tempe Misdemeanor DUI into a Felony DUI in Tempe AZ?
A. According to Arizona Law “Aggravating factors” can cause a Misdemeanor DUI to be elevated to a Felony DUI Charge in Arizona. Below are examples of five aggravating factors. The top three are the most common:
1) DUI with at least 2 prior DUI convictions on record within the last 7 years;
2) DUI while driving on a suspended or revoked driver’s license;
3) DUI with a child under age 15 as a passenger in the vehicle you were driving;
4) DUI with injury and drunk driver causes an auto accident which results in bodily injury or substantial bodily harm to another person;
5) DUI manslaughter – causing a fatal auto accident while under the influence of alcohol or drugs.

Q. What type of the penalties will I face for a Misdemeanor DUI in Tempe AZ?
A. Different minimum and maximum penalties, plus mandatory sentencing guidelines apply to various types of Tempe misdemeanor DUI charges. Generally, jail time for a Tempe Misdemeanor is no less than 1 day, and no more than one year. Other penalties apply as well depending on the facts and classification of the DUI. In general misdemeanor DUI convictions can expose you to a range of sentencing including but not limited to the following depending on the facts of the Tempe AZ DUI:
1) 1 day in jail to 120 or 360 days in jail;
2) $250.00 + 80% surcharge;
3) $500.00 to $1250.00 incarceration assessment;
4) $500.00 DPS to $1250.00 DPS;
5) $250.00 Abatement Fee;
6) Incarceration expenses and cost (jail or prison);
7) Court Ordered Alcohol or Drug Screening and Treatment Expenses;
8) Probation & Fees;
9) Driver’s license suspension up to 90 days; that range to revocation of driver’s license for 1 year;
10) Mandatory Vehicle Ignition Interlock Device at Defendant’s expense;
11) Mandated Ignition Interlock Device at Defendant’s expense for specified time under law based on misdemeanor DUI classification.
Q. How are Tempe Felony DUI Charges classified?
A. The Felony Classifications are categorized into 6 levels: Class 1 through Class 6. The Class 1 DUI felonies are the most serious charges and carry the highest severity of penalties. The severity of sentencing and penalties increases incrementally in accordance with the severity of DUI. But even the lesser of punishments can be adversely life altering for a Class 6 felony.

Q. What are some of the penalties that apply to a Tempe Felony DUI conviction:
A. Felony DUI charges in Tempe AZ or any other jurisdiction in Arizona are very serious and this is reflected in the Penalties that can be imposed. Among other penalties a felony DUI conviction will expose you to the following:
1) Lengthy prison sentences verse jail time for a misdemeanor DUI charge; An Arizona aggravated DUI or felony DUI conviction will leave you with a felony on your criminal record; Jail from 1 day to 1 year; prison form 4 months to 2 ½ years;
2) Revocation of drivers’ license privileges for 3 years and other harsh penalties at the discretion of the Judge; 4) Felony DUI Fines, Fees, court costs are significantly higher;
3) Length of time for which the ignition interlock device will need to remain on your vehicle will be longer and exceeding a year for a Felony DUI conviction.
4) Fines, fees, & costs will be significantly higher for a felony DUI. Arizona Felony DUI convictions for which you may expose: This is just an example of at least one Tempe Felony DUI. All classes are subject to there own minimum and maximum penalties. Below is an idea of additional penalties that may apply:
5) Exorbitant Fines may be imposed up to $150,000.00 plus 80% surcharge;
$1500 prison assessment;
$250 abatement fee; Extended probation, Supervised Probation w/ Monitoring for drug and alcohol sobriety.
Psychological and chemical dependence Screening Costs;
Participation in Alcohol or Drug Treatment Program

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10 Ways AZ DUI Lawyers Defend Blood Alcohol Tests

In same DUI cases, blood alcohol test results can be challenged, and lead to a total dismissal of your Tempe DUI charges. If you were arrested for a Tempe DUI, based on your BAC results that factor alone does not mean you will be “convicted”. In fact, some Tempe DUI attorneys may actually use the blood testing evidence to defend your DUI charges, and ultimately get your DUI charges dismissed, .

Arizona DUI | Defending Blood Alcohol Content (BAC) Test Results
If you were charged with a DUI in Tempe AZ based upon your BAC levels from blood testing results, you should contact a Tempe DUI lawyer as soon as possible to discuss your defense options. In many cases, your DUI defense attorney can challenge the prosecution’s blood evidence. This may lead to suppression of that evidence and dismissal of your DUI charges.

Here are at least 10 ways your Tem0pe DUI lawyer might challenge your DUI blood test results:

1. Violations and errors in conducting of the blood test;
2. Police failed to follow required rules of DUI blood alcohol testing, analysis, preservation, or transport;
3. The police officer who drew the blood was not properly trained and certified in phlebotomy and DUI blood testing;
4. The sample of the blood you were given was tested by an independent lab, and largely differed from the blood test results taken by the police.
5. Improper labeling resulted in the blood sample resulted in someone else’s blood evidence;
6. The blood vial was not properly sealed for transport for processing;
7. The blood kit used by the police had an expired date.
8. The blood testing kit used by police was stored in the police officer’s vehicle and long term exposure to extreme heat temperatures in Arizona.
9. The police sent their blood sample somewhere else instead of the crime lab processing. Most busy hospitals and other medical treatment facilities are usually not required to follow strict protocol for the processing of criminal related evidence.
10. The arresting police officer refused or failed to give you a blood sample for your Tempe DUI defense attorney. This is a violation of your constitutional rights.

Criminal Defense – Tempe DUI
When you contact a prospective Tempe DUI attorney to defend DUI charges, ask the them, if they intend to retest the blood. Most of the best Tempe DUI lawyers do this on every defense case involving blood testing results. Also, ask the DUI attorney who will be responsible for the blood retesting fees at an independent crime testing lab. The charge for this service is currently between $250.00 and $350.00. A majority of AZ DUI attorneys will factor in this fee to your total defense cost. Some DUI attorneys in AZ will even pay this fee on our behalf as a courtesy. But if your DUI lawyer requires you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Tempe DUI lawyer, it is well worth the cost to pay to have the DUI blood sample retested. Many cases get dismissed because the tests were challenged successfully by a DUI defense attorney. The best Tempe criminal defense attorneys understand the importance of examining all the aspects of the blood test results. If weaknesses exist in the prosecution’s evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments that just may lead to dismissal of your Tempe DUI charges.

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Even though your blood test results warranted an AZ DUI arrest, it does not warrant a DUI Conviction. In fact, top AZ DUI lawyers may use the blood test evidence to defend your case, no matter how high your BAC level.

AZ DUI charges based on Blood Test Results
If you were arrested for an Arizona DUI based on blood test results you should contact an AZ DUI lawyer or criminal defense attorney as soon as possible. The best AZ DUI lawyers often find good reasons to challenge the DUI blood tests taken by the police. In many cases your AZ DUI Attorney will find violations and errors in the blood testing process, such as failure of police to follow prescribed rules of testing, analysis, preservation, and transport. Such violations often lead to suppression of the blood evidence, and total dismissal of your DUI charges.

Reasons for AZ Blood Testing for a DUI Stop
A person who is stopped for suspicion of drunk driving does not get a choice as to what test they will be given. The police officer will decide from three options: Blood, Breath, or Urine testing. Here are at least three reasons why the AZ police officer would decide a blood test was needed.
1) You refused to take a breath test, and the officer obtained a court order from the judge to draw a blood sample.
2) According to breath testing requirements and issues that can adversely affect breathalyzer test results, the police determined that a blood test would reap more accurate blood alcohol content (BAC) results.
3) The police suspected you were driving impaired due to drugs or alcohol and the breath test for drunk driving due to alcohol influence was negative. If they still suspect you are impaired by being under the influence of chemicals or substances, they will draw blood to test for a drug DUI or toxic substance DUI. .

AZ DUI Laws – DUI Blood Tests
It is common practice for the police officer to personally do the blood draw. Many police departments have sent their officers for training in phlebotomy. Be sure when the blood is drawn that the police give you a second sample for your defense Attorney. Their blood vial will be sent to their crime lab for testing using a gas chromatograph. Usually it takes 2-8 weeks for the crime lab results to come back. Your DUI Defense lawyer in the meantime may retest the blood at an independent lab and compare their results against the prosecutions.

The Arizona courts have upheld the legality of police officers acting as phlebotomists. However, they must be certified and trained to draw and handle the blood samples. Strict guidelines apply to the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme temperatures of blood kits; chemicals used to clean your arm before the blood draw which can taint results; proper handling, transport and proper storage of the blood sample. All of these factors critical to obtaining an accurate result with gas chromatography.

AZ DUI Lawyers – DUI Blood Retest for AZ DUI Defense
Be sure to ask your AZ DUI defense attorney who will be responsible for the fee to retest the blood sample. Will you be required to pay for it? Or will your defense attorney absorb the fee on your behalf? Arizona blood retesting from an independent lab costs on average $250.00. Many AZ DUI lawyers will take care of that fee as a courtesy to the client. Many blood retests lead to dismiss. In any event, blood retest and examination is worth the cost. If the results are found to be flawed your AZ criminal attorney will challenge the blood evidence, present compelling arguments challenging their test results due to violations of protocol or other processing errors. If successful the blood evidence may be suppressed, and your AZ drunk driving charges dismissed.

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10 Ways to Find the Best Tempe DUI Lawyer

Tempe DUI charges are serious crimes. Arizona State Laws are strict, harsh and constantly changing. Even a first time misdemeanor DUI conviction with no prior criminal record will cost you jail time along with other adverse penalties. You will need experienced Tempe criminal defense or DUI attorney to represent you through the Arizona Criminal Justices system. They will make sure your rights are protected and do everything possible to get the best outcome in your case. Tempe DUI and criminal charges are dismissed or reduced often do to the representation of a good Tempe DUI lawyer.

Below are some resources to start with and tips to help you find the best Tempe criminal defense or DUI Attorney to defend you in Tempe Court or other court in Maricopa County where you were charged with a DUI or other criminal offense.

1) The internet. You can find just about anything you need and easily from attorney websites, review sites, and other public resources on the web.
2) Referrals from family, friends or other trustworthy source.
3) The Maricopa County Bar Association
4) The Arizona State Bar to make sure they are licensed to practice criminal defense in Arizona. If you were charged in Arizona, you should hire an attorney who is licensed to practice in Arizona and does soon a daily basis. Some attorneys are licensed to practice in more than one state. But if they reside in Arizona they are more likely to be up to date on the constantly changing laws. Look for Attorneys who defend Tempe DUI or Tempe criminal charges often.
5) Narrow your search to a few attorneys you would like to speak with, then call them for a free consultation.
6) Explain your charges to the Attorney and ask about your defense options and their fees for retention. You will also want to discuss terms of payment. Many attorneys will provide flexibility in paying the fees as well as discounts. Just ask.
7) Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.
8) Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.
9) Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.
10) Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don’t know what that is, ask. If they need documentation or anything along the way, obtain it. Again, they have their reasons. And the best Tempe criminal defense attorneys missions are to provide the best DUI defense possible that will lead to a dismissal of charges, reduction of charges and sentencing, or the otherwise best possible outcome in your case.

Selecting your Tempe DUI or Tempe criminal attorney to defend your is a big decision. An unwise decision can cost you your freedom. A wise well chosen attorney can lead to avoidance of a criminal conviction, and possible dismissal or reduction of charges.

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HOW GOOD TEMPE DUI LAWYERS CHALLENGE BREATH TESTS TO FIGHT YOU DUI CHARGES IN TEMPE AZ
Tempe AZ DUI Charges
A Tempe DUI Charge is not a conviction. You have a right to plead “not guilty” and to fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good Tempe DUI lawyer. They will be able determine what defense strategies may be utilized to defend your DUI charges in Tempe Court.

Tempe DUI Defense Strategies

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE
Do records exist to support maintenance of the machine?
Records must be kept regarding maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

BAC AT THE TIME OF THE DRIVING WAS BELOW .08.
Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle?
The blood alcohol content (BAC) level is not constant in the body. It rises as the alcohol it is absorbed by the body; and falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.

CHRONIC HEARTBURN OR OTHER MEDICAL
CONDITIONS CAN SKEW THE BREATH MACHINE RESULTS

Do you suffer from a medical condition like heartburn or gastric reflux?
These conditions may skew the BAC reading from the breath machine to a number higher than the true BAC. Trial results have proven that if stomach fluid that contain alcohol due to such medical conditions find their way into the defendant’s breath, causing the BAC results to be proven inaccurate with reasonable doubt concerning results.

Tempe AZ DUI Defenses
There are many DUI defenses that can be used to defend your Tempe DUI charges. Experienced Tempe DUI lawyers know what DUI defense strategies can be used in your case. The above defenses are just a few of many, surrounding breath testing results. Above was 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.

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“The ultimate goal of the best Tempe DUI defense attorneys is to attempt to get the case dismissed, reduced charges or best possible outcome in your case.”

If you face Tempe AZ drug DUI or medication DUI charges you should contact an experienced Tempe criminal defense attorney or DUI attorney who defends cases in Tempe AZ as soon as possible. Early retention of an experienced Tempe DUI attorney is an important factor in achieving a successful defense.

Medication DUI | Drug DUI

Why you need Arizona DUI Attorney if charged with an Arizona DUI

DUI charges in Arizona are very serious. You should consult an experienced Arizona DUI or criminal defense attorney as soon as possible if you have been arrested for a DUI of any kind in Arizona. Arizona laws and penalties are some of the toughest in the country.

Whether your charges were for Tempe DUI, Phoenix DUI, Gilbert DUI, Mesa DUI, Scottsdale DUI, Chandler DUI, or Maricopa County, or any city in Arizona makes no difference: the DUI laws, classifications, and penalties fall under the rule and jurisdiction