Articles Tagged with DUI With Medication

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How AZ DUI Laws will affect your Phoenix DUI

DUI charges in Phoenix, AZ are serious and described as some of the harshest in the country. You should consult an experienced AZ DUI Lawyer or Arizona criminal defense attorney who defends cases frequently in Phoenix Court as soon as possible
It makes no difference if your charges were for Tempe DUI, Phoenix DUI, Gilbert DUI, Mesa DUI, Scottsdale DUI, Chandler DUI, or Maricopa County, or any city in Arizona, the DUI laws, classifications, and penalties fall under the rule and jurisdiction
of the laws of the State of Arizona.

In Arizona it is unlawful operate a motor vehicle of any kind while driving under the influence of intoxicating or impairing drug, vapor releasing substances containing a toxic chemical or any combination of alcohol, drugs and or vapor releasing substances if the person is “impaired to the slightest degree” (A.R.S. §28-1381(A)(1). This includes driving a vehicle if the person has an alcohol concentration level 0.08 or greater, more 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. (A.R.S. §28-1381(A) (2))

It is unlawful in Phoenix Arizona for a anyone to drive or be in actual physical control of a motor vehicle if the that person alcohol concentration of the following: 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: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or “Extreme DUI” and 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: 0.20 or more. (A.R.S. §28-1382(A) (2)) or “Super Extreme DUI”. The higher the Blood Alcohol Content (BAC), the harsher the sentencing and penalties.

The consequences and penalties for Phoenix DUI are serious. Penalties range from minimal of 30 days in jail to extended prison sentencing, along with other penalties, fines, and fees. The Phoenix Court must abide by the minimum and maximum sentencing of the State. However, the Phoenix Judge may have some minor discretion over giving out further penalties if they believe they are necessary, reasonable and appropriate.

You should consult an experienced private practice AZ DUI Attorney or AZ criminal defense attorney who defends DUI charges Phoenix Courts frequently. They will be your voice and barrier between you and the prosecution, to make sure your rights are protected; you do not incriminate yourself further; and will utilize all defenses available based on your DUI circumstances to get your case dismissed, charges reduced, evidence
If you have been arrested for any Phoenix, AZ DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix and Maricopa County valley-wide.

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What Scottsdale Prosecutors for DUI DWI and Drunk Driving Charges Don’t Want You to Know!

Hiring an experienced DUI Lawyer who defends drunk driving charges in Scottsdale AZ makes it more difficult for the Arizona Prosecution to get a guilty verdict or convict you. It sends the following clear messages to the prosecution that they would prefer you know:

• That you have taken the Scottsdale DUI charges seriously;
• That you intend to defend yourself against the charges by means of the effective assistance of legal counsel, and experienced Scottsdale Lawyer;
• That to prosecute and convict you will require much time and labor on their part – which is not good news for them. This is due to their heavy caseloads and often reduced staff as a result of necessary state and county budget cuts;
• That there will be no conviction without a challenge of the evidence and charges by your Scottsdale DWI DUI defense attorney. This is in contrast to the swift convictions and harsh sentences the prosecution usually accomplishes when a defendant is not represented by a effective private DUI defense lawyer.
• That the state and prosecution’s evidence and charges against you will be vigorously challenged;
• That your Scottsdale DUI attorney will not allow your rights to be violated;
• That your Scottsdale DUI lawyer may utilize defense strategies that apply to your case that the prosecution did or did not expect; and that the prosecution will need to try to overcome these defenses when they otherwise would not have existed in absence of a good Scottsdale DUI defense lawyer;
• That the defense strategy that will be utilized has the potential to lead to a dismissal or significant reduction of your charges and penalties.
• That your Scottsdale criminal defense lawyer will object to any self-incrimination traps in order to harm the defense;
• That an independent investigation will be completed by the defendant’s Scottsdale DUI lawyer. And all evidence will be examined for weaknesses or flaws and that if unjustified or flawed, your defense attorney will present compelling arguments and motions to the court to request that the flawed evidence not be admitted for use against you.
• That your DUI DWI defense lawyer will promptly challenge evidence obtained by violating your constitutional rights including those related to search and seizure, or any other violation of your fundamental or civil rights.
• That your Scottsdale DUI DWI defense Attorney will promptly challenge the reason for the initial drunk driving stop if it was made without “reasonable suspicion” that the defendant was drunk driving, in the process of committing a crime, or that a crime occurred and the defendant was involved or committed the crime;
• That your Scottsdale DUI DWI defense Attorney will promptly challenge the arrest if it was made without “probable cause”;
• That your DUI defense attorney will seek and produce if available, exculpatory evidence (in favor of your defense);
• That your Scottsdale DUI attorney will make every effort to expose flaws and weaknesses in the prosecution’s evidence and case to defend you that may ultimately lead to a dismissal or reduction in charges; and further, that when a DUI DWI defendant is not represented by a good criminal defense attorney, the Prosecutor would never have brought these weaknesses or flaws to the attention of the court, even if they were well aware of their existence of those flaws in their efforts to convict you. Their job is to convict you not defend you.
• That Your DUI attorney is doing what you needs to be done protect and defend your rights, future and freedom;
• That your DUI defense attorney will make every effort to get your DUI charges dismissed, reduced or otherwise best possible outcome with the least penalties, in your case.

*Arizona Laws are subject to change. You should contact an Arizona DUI lawyer for current information concerning DUI or criminal matters.

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Felony DUI Penalties, AZ DUI Laws Overview
“In dollars and “sense” the cost of retaining a good Mesa DUI defense lawyer, is far less a price, than fines, fees, costs, and your freedom, if convicted of a Mesa felony DUI.”
If you were charged with felony DUI in Mesa, AZ you should consult a Mesa DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Mesa exposes you to severe penalties. You will need a strong Mesa Felony DUI attorney to defend your Felony DUI charges.

Felony DUI – Arizona Laws:
There are three factors that will aggravate a Mesa 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 you were driving on a suspended, restricted or revoked drivers license – Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) The new Mesa DUI charge is your third DUI in 7 years. At least two of the prior DUI charges resulted in convictions within the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with driving impaired, DUI, DWI, or Drunk Driving, with a child under 15 years of age was a passenger in the vehicle you were driving – Class 6 Felony
DUI Penalties – Felony DUI Sentencing in Arizona
A Felony DUI conviction for Mesa 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 Sentencing ranging from one day to one 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
(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 Mesa DUI conviction may be “aggravated” or
“mitigated”. Aggravated penalties are factors that surround your Mesa DUI that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Mesa DUI Lawyer – Felony DUI Defense Mesa AZ
The judge will not offer you leniency, out of compassion or the fact that you do not have good legal representation by a Mesa DUI attorney. Without compelling arguments presented or motions filed by your DUI Defense Lawyer, 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 those mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.

The felony DUI penalties are so severe, that often defendants feel that the situation is hopeless, and they do not feel even a DUI Attorney can help them. However, Felony DUI charges are often dismissed completely, or in part, by good Mesa DUI defense attorneys. A qualified Mesa DUI lawyer or AZ criminal defense lawyer can defend any Mesa Felony DUI charge regardless of the severity or classification. Good Mesa DUI lawyers often are 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 Mesa 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 Mesa DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

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Felony DUI Penalties, AZ DUI Laws Overview
“In dollars and “sense” the cost of retaining a good Scottsdale DUI defense lawyer, is far less a price to pay than the monetary fines, fees, costs, and your freedom, if convicted of a felony DUI in Scottsdale.”

If you face felony DUI charges in Scottsdale, AZ you should consult a Scottsdale DUI lawyer as soon as possible to discuss your charges and defense options. A felony DUI conviction in Scottsdale exposes you to severe penalties. You will need an experienced Scottsdale DUI attorney to defend your felony DUI charges.

Arizona Felony DUI Laws:
There are three factors that will aggravate a Scottsdale Misdemeanor DUI and elevate it to a Felony DUI, also known as Aggravated DUI charges:
1) 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
2) A.R.S. §28-1383(A) (2): (Paraphrased) The Scottsdale DUI charge is your third DUI charge in 7 years. You were convicted of at least two prior DUI charges during the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) Your current Scottsdale 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 Scottsdale Felony DUI conviction exposes you to mandatory AZ DUI sentencing guidelines. Each case has its own unique circumstances that may affect the Felony DUI sentencing if convicted. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Felony criminal record;
• Jail time ranging from one day to one year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• 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;
• Lengthy supervised probation.

*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 Scottsdale DUI conviction may be “aggravated” or
“mitigated”. Aggravated penalties are the result of those factors that surround your Scottsdale 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.

Scottsdale DUI Defense – Felony DUI Charges in Scottsdale AZ
The judge or prosecution will not offer you leniency, out of compassion or the fact that you are not being represented by a private Scottsdale DUI attorney. Without compelling arguments presented or motions filed by your Scottsdale 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 may lead to more lenient penalties if you 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 Scottsdale DUI Attorney can help them. However, to the contrary, Felony DUI charges are often dismissed or reduced by good Scottsdale DUI defense attorneys. A qualified Scottsdale DUI lawyer or AZ criminal defense lawyer can defend any Scottsdale 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 Scottsdale 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 Scottsdale 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 Scottsdale DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

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If you have been arrested for felony DUI in Arizona, you will need to consult a Phoenix DUI lawyer as soon as possible to discuss your charges and defense. A felony DUI in Phoenix exposes you to severe penalties and sentencing if convicted including prison time. You will need an experienced Arizona DUI lawyer who defends felony DUI charges in Phoenix on a regular basis.
Arizona Felony DUI Laws:
There are three aggravating factors that will escalate a Phoenix Misdemeanor DUI charge to a Felony DUI charge in Phoenix AZ.
A.R.S. §28-1383(A) (1): (Paraphrased for Legal Ease) You were arrested for AZ DUI while your license was suspended, restricted or revoked (Class 3 Felony).

A.R.S. §28-1383(A) (2): (Paraphrased for Legal Ease) This is your third DUI charge and you have at least two prior DUI convictions within the last 7 years. (Class 3 felony).

A.R.S. §28-1383(A) (3): (Paraphrased for Legal Ease) You were arrested for DUI and there was a child under 15 years of age was a passenger in the vehicle. You were driving. (Class 6 Felony).

DUI Penalties – Felony DUI in Arizona
A Phoenix Felony DUI conviction exposes you to mandatory sentencing guidelines. Each case has its own unique circumstances that may affect the DUI penalties ordered by the judge in the event of a DUI conviction. The mandatory DUI penalties under Arizona Law, may 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.

DUI Penalties for a Phoenix DUI conviction may be “aggravated” or
“mitigated”. Aggravated punishments are factors surrounding your Phoenix DUI that support the prosecution’s case against you and warrant more serious and additional DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious punishments.

Defense Lawyers for Felony DUI in Phoenix
The judge or prosecution will not generally offer mitigated sentencing without compelling arguments presented or motions filed by your Phoenix DUI Defense Lawyer on your behalf. A good Phoenix DUI defense attorney will examine the evidence and facts of your case to find mitigating factors that will lead to a reduction of your penalties in the event of a felony DUI partial or complete conviction.

The felony DUI penalties are so severe, and disruptive on a person’s life, that they sometimes become overwhelmed and feel that the situation is too hopeless to hire a defense attorney. However, a qualified Phoenix DUI lawyer or AZ criminal defense lawyer can defend any Phoenix Felony DUI charges regardless of the severity or classification of the charges or the amount of your Blood Alcohol Content or BAC levels. In many cases they can get evidence dismissed; charges reduced to a Misdemeanor DUI or other reduced charge; or get the felony DUI charges completely dismissed. Early retention of an experienced private Phoenix DUI attorney drastically increases your chance of getting a good outcome in your Felony DUI case. To the contrary going without representation of a good private DUI or criminal defense lawyer, is the quickest path to a Felony DUI conviction in Phoenix with harsh and mitigated penalties.

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10 Ways Scottsdale Attorneys Challenge Blood Alcohol Tests

In same cases your blood test results can lead to a dismissal of your Scottsdale DUI charges. If you were arrested for a Scottsdale DUI, based on your BAC results that evidence alone does not mean you will be convicted. In fact, some Scottsdale DUI attorneys may be able to use the blood testing evidence to defend your DUI charges.

Scottsdale DUI Defenses | Challenging Blood Test Evidence
If you were charged with an AZ DUI in Scottsdale based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Scottsdale AZ on a regular basis. Often your DUI defense attorney can challenge the prosecution’s blood evidence. In many cases this can lead to suppression of that evidence and dismissal of your DUI charges.

Here are some common ways your AZ DUI lawyer might challenge your blood test results:
1. Your DUI defense attorney finds violations and errors in conducting of the blood test;
2. Police or medical personal failed to follow prescribed rules of testing, analysis, preservation, or transport.
3. The Police Officer or other person drawing the blood was not properly trained and certified in phlebotomy and DUI blood testing.
4. Your defense attorney had the sample of the blood you were given for your defense tested by an independent lab. The independent lab results were largely different that the results taken by the police.
5. Due to improper labeling, the blood sample being used against you was not actually yours (Yes, it does occasionally happen).
6. The vial was not properly sealed..
7. The blood kit used by the police was expired.
8. The blood testing kit used to draw the blood was stored in the trunk of the police officer’s vehicle and subject to extreme Arizona heat for a long period of time.
9. The police sent their blood sample to a hospital instead of the appropriate crime lab for processing. Hospital medical personnel are usually not trained or required to follow the strict guidelines for criminal evidence testing procedures and protocols. They are held accountable to their own governing entities for the testing and treatment of patients for medical purposes only.
10. The arresting police officer either refused or failed to draw and give you a second sample of your blood for defense testing. This is a violation of your constitutional rights.

Attorneys – Scottsdale DUI defense
Once you have contacted a prospective DUI attorney to defend your Scottsdale AZ charges, be sure to ask them, initially if they intend to retest the blood. The best Scottsdale DUI lawyers usually do. Also, ask who will be responsible for paying the blood retesting fee charged by an independent lab. This fee can cost between $250.00 and $350.00. Generally, the AZ DUI attorney will include that in the total price of your defense. Sometimes DUI attorneys in AZ will pay the fee on your behalf as a courtesy. But if they require you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Scottsdale DUI lawyer, it is well worth the cost to pay to have the blood sample retested Many DUI charges have been dismissed because they were challenged by the DUI defense attorney. Top rated Scottsdale criminal defense attorneys; will investigate all the aspects surrounding the blood test results. They will then educate the court and prosecution, present compelling arguments and file motions that will lead to dismissal of your Scottsdale DUI charges.

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Find out how top Chandler DUI Lawyers Challenge DUI or Drug Blood Alcohol Tests

DUI & Drug blood test evidence can be challenged by your Chandler DUI or Criminal Defense lawyer. The results often lead to a dismissal of your DUI or Criminal charges.

AZ DUI Laws | Defending Blood Alcohol Content (BAC) Test

If you were arrested for drunk driving or DUI Drug charges in Chandler AZ based upon your DUI blood testing results, your private Chandler DUI or criminal lawyer can sometimes be used as exculpatory evidence (evidence that helps your defense).

Below are 10 ways your AZ DUI or criminal defense attorney might use to challenge your Chandler drunk driving or Drug DUI blood test results.
1. Errors occurred in the conducting of the blood test.
2. Police violated required protocol related to DUI blood alcohol testing, analysis, preservation, or transportation of the blood sample.
3. The Police Officer who conducted the blood test was properly trained and was not certified in phlebotomy for DUI or drug testing;
4. The blood sample retested by your Arizona criminal defense lawyer or DUI attorney at an independent crime lab resulted in significantly different results than those processed at the police crime lab;
5. Due to improper labeling the blood sample belonged to someone else other than you.
6. The blood sample container was not properly sealed during storage and transport;
7. The date of the DUI or Drug testing kit used by police to conduct your test was expired.
8. The DUI or drug blood testing kit used by police was stored and exposed to prolonged extreme temperatures which compromised accurate results.
9. The police had your blood sample processed at a hospital instead of a crime lab. Most hospitals are not equipped for or designed for processing of criminal evidence. They are not required to follow proper protocol for testing, storage and transport of criminal or DUI evidence. They are intended for treatment and testing of injured or ill patients. Further, they have different policies, procedures and governing entities.
10. The police officer (s) who conducted your blood test failed or refused to give you a blood sample for your Chandler drug DUI or criminal defense attorney. Their refusal upon your request is a violation of your rights. Violation of rights can result in suppression of evidence or dismissal of your criminal or DUI charges.

Criminal Lawyers for DUI or Drug Charges in Chandler AZ
When you consult an Arizona criminal defense lawyer or DUI attorney to defend Chandler DUI or drug charges, ask the defense attorney if they plan to retest the blood sample. The best DUI lawyers or criminal defense attorneys who defend changes in Chandler AZ this on every alcohol DUI or Drug DUI case involving blood testing.

Also, ask your attorney up front, if you will be responsible for the blood retesting fees for the retesting by an independent lab. The charge for this service averages between $250.00 and $350.00 in Maricopa County. Many AZ DUI and criminal defense lawyers will factor the fee into your total defense costs. Some DUI attorneys in AZ will absorb the cost as a courtesy, because they understand how important it is to your defense. If you are required to pay the fee on top of defense costs, it is still well worth it, to pay the fee and have the blood retested. Many drug DUI and AZ drunk driving charges have been dismissed because the tests were challenged successfully by the defense. The best Chandler criminal defense attorneys in AZ know what to look for in their examination of the processes surrounding the blood test results. If they can find weaknesses or flaws in the prosecution’s blood sample evidence, they will educate the court and prosecution; and present compelling arguments on your behalf which may lead to a total dismissal of your Chandler DUI or Drug DUI charges.

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If you were arrested for an AZ DUI arrest based on your BAC results, does not automatically mean you will be convicted. Good Phoenix DUI attorneys may be able to use the blood test evidence to defend you, and get your charges dismissed.

DUI charges in Phoenix based on Blood Test Results
If you were charged with an AZ DUI in Phoenix based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Phoenix AZ as soon as possible. The best DUI lawyers in Arizona may be able to find good reasons to challenge the same blood test results to defend your DUI charges. This is done when your DUI defense attorney finds violations and errors in conducting the blood test; processing the results; failure of police to follow prescribed rules of testing, analysis, preservation, or transport. Often your criminal defense attorney can educate the prosecution on the facts, and challenge the blood evidence. This often leads to suppression of that evidence and total dismissal of your DUI charges.

Blood Testing for a DUI Stop
A driver who is stopped in Phoenix AZ for suspicion of drunk driving does not get a choice as to what test the police will conduct. The officer has discretion of using any of three options: Blood, Breath, or Urine testing. Below are some reasons why the police officer may use a blood test as the preferred method of choice:
1) The driver refused to take a breath test. In this event the officer can obtain a court order from an on-duty judge to draw the driver’s blood samples.
2) Some circumstances, if they exist, may cause the driver an unfavorable candidate for a breathalyzer test. For example, if the driver had been vomiting, or belching, it could adversely affect the accuracy of breathalyzer test results.
3) The breathalyzer test was conducted first, and the results were negative for alcohol. However, the police had reason to suspect you were driving impaired. Therefore, they decide to conduct a blood test to determine if there are drugs, chemicals or other toxins that caused the impaired driving.
4) An auto accident was involved; and the suspected drunk driver was either unconscious or otherwise incapable of participating in a breathalyzer test due to severity of their injuries.

AZ DUI Laws – DUI Blood Tests
It is common in Phoenix AZ for the police officer to personally draw the blood sample. However, they must be properly trained phlebotomy to conduct the DUI blood test. Many police departments send officers to get certified.

When the blood is drawn the police should draw a second sample for you to give to your DUI defense Attorney. They then send the sample to their crime lab for processing using a gas chromatograph. The turnaround time is on average 2 to 8 weeks for the crime lab to return the results. The criminal defense attorney has the opportunity to have the blood retested at an independent lab. The defense attorney then examines the processes that took place and compares results against the prosecutions.

The Arizona courts have upheld the legality of a police officer drawing the blood sample as long as they have been properly trained and certified as phlebotomists for this purpose. Strict guidelines apply to conducting, storage, and transport of the blood sample, the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme heat or cold temperatures of their blood kits; chemicals used to clean the driver’s arm before the blood is taken. All of these factors are critical to making sure the blood results are accurate.

DUI Lawyers for Phoenix DUI – Using Blood Results for AZ DUI Defense
During your initial consultation with a Phoenix DUI Attorney, ask if they intend to retest the blood. If so, ask who will be responsible for paying the fee to retest the blood sample. Blood testing in Arizona 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 can lead to dismissal of your DUI charges. So even if the Phoenix DUI defense attorney you select does not pay the fee for you, it is well worth the cost to pay for the blood retest. It is very unwise to forfeit the opportunity to have your attorney get the blood retested; examine the process that took place, and compare results. Too many DUI charges have been dismissed due to the challenging of blood results, for it to be ignored. Top criminal defense attorneys in Arizona often find flaws and errors in blood testing and processing; present compelling arguments and challenge the blood test result violations that can lead to a total case dismissal.

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How to find the best Phoenix DUI Lawyer in Arizona

If you face Phoenix DUI charges or any Criminal in Arizona, you will need to consult the best Phoenix AZ Criminal defense lawyer or DUI defense Attorney you can find. This is because the State of Arizona has some of the harshest laws and penalties for DUI and criminal conviction in the USA. After being charged with a DUI or crime, most people do not know where to start to find a good criminal defense or DUI lawyer. There are so many. Here are some basic sources to start with:

1) Search the internet you can do searches on the internet and easily get information from attorneys’ websites. Read reviews, compare services, and listings.
2) Get a referral from a trusted family member, friend or neighbor
3) Check on line directory listings for Attorneys
4) Contact the Maricopa County Bar Association
5) Look for Attorneys who are licensed to practice in the State of Arizona and who defends Phoenix DUI charges in the jurisdiction or municipality you where you were charged. Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged.

After selecting a few Criminal or DUI defense Attorneys who practice in Phoenix contact them for a free consultation either by phone or in person. You can discuss your charges and defense options. But just as important, is that you find out about them. Here is a short list of some things you want to know about them:

• How familiar are they with the changing Arizona Laws and penalties?
• How often to they defend cases often in Phoenix AZ Court and Arizona criminal justice system?
• How familiar are they with the Judge, prosecution, and court procedures?
• Are they licensed to practice criminal defense in Arizona?
• How long have they defended criminal and DUI charges in Arizona?
• Are they well versed and successful have they been at utilizing DUI and criminal defense strategies
• How long they have they been in practice?
• Are they experienced in trail and litigation in Phoenix?
• Is their Law practice devoted 100% to DUI and criminal defense?
• What are their pre-trial and trial fees?
• How do they expect payment and are they willing to work with you on a payment plan if needed?
• Have they ever been Maricopa County Prosecutors?
• Will they take the time needed to examine the evidence to build and mount a strong DUI or Criminal Defense case challenging the Phoenix prosecution?
• Who will actually be handling the day to day activities, court appearances, investigation and all the services needed for your defense?
• If different than to whom you are speaking, will you get a chance to meet them and ask them these important questions as well?
• Who can you go to for questions throughout your defense process?

Do not be afraid to ask any of these questions. In this case you will be the employer, and the Phoenix DUI lawyer or criminal defense attorney will be working for you. It is a big decision, not to be taken lightly. If you choose wisely, it may mean the difference between a criminal conviction and a dismissal of your charges.

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7 common areas top Phoenix drunk driving attorneys target to challenge DUI blood test results that can lead to dismissal of your AZ DUI Charges
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Phoenix DUI Blood Test Results
If you face drunk driving charges in Phoenix Arizona due to blood test results, you should consult an AZ DUI lawyer who is experienced at challenging blood test results for to discuss your DUI charges and defense options. The best AZ DUI defense lawyers often challenge the blood test results that the prosecution plans to use against you. But sometimes this very same evidence can be used to defend you and even get your AZ DUI charges dismissed.

AZ DUI Laws – 7 Areas to Challenge in AZ DUI Blood Test Evidence

The Phoenix police generally take the blood test and have it processed by their crime lab. In some cases a good DUI defense Attorney can detect violations, errors and defense issues surrounding the blood test evidence, hat can lead to the dismissal of your Phoenix DUI charges. Common errors include, but are not limited to violations concerning the following:

1. The police or personnel taking the test was not properly trained and certified in phlebotomy for DUI and Drug blood drawing; Many Police Department send their officers or other staff for training and certification. The results of a properly trained and certified police officer or other personnel have been upheld for admittance of evidence in court.

2. Temperature, storage, and expiration date guidelines for blood kits were not followed; (Example: Kits were outdated and exposed to extreme Arizona heat of summer in the trunk of a police car);
3. Errors in preservation, storage, and labeling of the blood vial containers; these errors can lead to tainting of the blood and raise questions as to whether or not it is the defendant’s blood sample or was taken from a different defendant. (Yes, it happens);
4. Errors in Arizona criminal law blood taking guidelines;
5. Chemicals used to clean the arm before the blood draw were not proper leading to the tainting of the blood sample;
6. Violations in storage, transport, or processing of the blood by the police and crime lab.

7. The Phoenix Police failed to give you a sample of the blood for your defense, even after you asked for a sample. This is a violation of your rights.

If one or more of these violations or errors exist, your AZ DUI lawyer will recognize it, educate the prosecution and court; present compelling arguments; and file motions in your defense and weaknesses in the State’s case against you. Top AZ DUI lawyers recognize what circumstances present the need to challenge blood results. In many cases this leads to suppression of the evidence on your behalf or a total dismissal of your AZ drunk driving charges.

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