If you’ve been pulled over by the police for a DUI, you have a hard road ahead of you. Driving under the influence, or DUI, demands immediate action on your part to ensure that your license will not be suspended or revoked and you don’t end up spending a lot of time in jail.

Why hire a DUI criminal defense attorney? In a number of states, including Arizona, a DUI charge generates two individual cases. The primary case is filed with the Department of Motor Vehicles, while the other case filed in criminal court. Since criminal defense lawyers have sparred in court with the same prosecutors on many occasions, they are familiar with the strategy the opposing lawyers will be using and know how to defend you.

When a DUI lawyer takes on your case, you’ll be asked exactly what occurred from the moment you were pulled over. After you give your account of what happened, they’ll explain what’s going to happen, including what will take place if the case goes to trial. Your attorney will review the police report, interview witnesses and examine the evidence. Given that it is tough to manage and review the whole thing on their own, they often have their office paralegals assist them.

You will have to go to criminal court within ten days from the date of the arrest. You will be requested to enter a plea of ‘guilty’ or ‘not guilty’. Odds are, your criminal defense attorney will tell you to plead ‘not guilty’ to the charges. This will give him time to review the details of your case so your defense can be established.

You attorney has tactics that he’ll use to help you get out of a DUI. He may, for example, argue lack of probable cause for the initial stop. If this strategy works, your attorney will then submit a petition to suppress any evidence that the police officer obtained when you were pulled over.

Your lawyer may also dispute the BAC results and claim they are unreliable. BAC stands for the Blood Alcohol Content test that is used by police to see if an individual’s blood alcohol level has reached or passed the maximum limit. The results could be considered faulty if your attorney can prove that the equipment has not been appropriately maintained or the test wasn’t correctly administered. If you have a health condition that could affect the reliability of the BAC test, your lawyer will pursue that avenue.

Your attorney will also question the police officers and attempt to prove there are inconsistencies in their testimony compared with the police report they filed. If he can cast doubt on the credibility of the arresting officers, you could get a ‘not guilty’ decision.

If the arresting officers processed you properly, and things are not working in your favor, then your DUI lawyer may recommend that you accept a plea agreement. However, if you don’t want to negotiate, you can choose to go to court. If you’re defeated in court, you can attempt to appeal the verdict.

Keep in mind that if you’re convicted of a DUI, you can expect huge fines and jail time. All of that is in addition to a huge increase in your car insurance rates, limitations on future employment opportunities, and a permanent felony record. So using the services of a criminal defense attorney is really the only logical approach to defending yourself if you get arrested for driving under the influence of alcohol.

If you’ve been pulled over for a DUI charge in Arizona, call the Petersen Johnson Law Firm in Phoenix as soon as you can. Experienced Arizona DUI attorneys, they will defend your rights in court, and may be able to get the charges dropped. Visit the website at http://www.petersenjohnson.com

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Arizona has many different levels of DUI charges including “Extreme DUI” and “Super Extreme DUI.” Both of these Arizona DUI offenses are higher charges in relation to the range penalties associated with an Arizona Misdemeanor DUI offense. These or any DUI, for that matter in Arizona are very serious offenses.

First a word of caution…you should think twice before you decide to defend your DUI charges on your own. Arizona has the toughest DUI laws in the country and they are constantly changing. You should consult a well versed, experienced Arizona DUI Defense Attorney to defend your DUI charges. Currently the following explains differences between penalties including fines, fees, incarceration and other punishments associated with the two:

Arizona Extreme DUI

Getting charged with an extreme DUI in Phoenix or anywhere in Arizona you will face charges if your blood alcohol concentration (BAC) is 0.15% or greater. At this point, the driver’s ability to safely operate a vehicle is severely compromised.

A first time Arizona Extreme is punishable by:

•  A 90-day driver’s license suspension

• Up to 5 years probation

•  30 to 180 days in jail

•  Fines and fees

•  Mandatory participation in an alcohol treatment program

•  Installation of an ignition interlock device in any car that you drive

A second Arizona Extreme conviction will result in even greater penalties, including:

•  A 1-year driver’s license revocation

•  Up to 5 years probation

•  60 days jail, 280 days total

•  Fines and fees

•  Mandatory participation in an alcohol treatment program

•  Installation of an ignition interlock device in any car that you drive

Arizona Super Extreme DUI

In Arizona you will get a Super Extreme charge if you are found operating a vehicle with a BAC level of 0.20% or greater. This is the most serious misdemeanor Arizona DUI. A conviction results in much higher penalties, including:

•  Driver’s license suspension/revocation

•  Up to 5 years probation

• 45 days to 180 days in jail

•  Fines and fees
•  Mandatory participation in an alcohol treatment program

•  Installation of an ignition interlock device for 18 months

If you have received a second Super Extreme, the penalties will be even greater including a mandatory 180 days in jail.

Contact a Phoenix DUI Attorney If you have been charged with an Arizona Extreme DUI or Arizona Super Extreme DUI in Phoenix or any of the surrounding areas in including your Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, or Mesa DUI, call today to speak with an Arizona DUI attorney immediately. You will need an experienced Phoenix DUI lawyer, like James Novak, from the Law Office of James Novak to defend you against your Phoenix Arizona DUI charges. James Novak will fight to protect your future and your freedom! For your FREE Consultation, contact James Novak today at (480) 413-1499!

James Novak, Attorney at Law
Law Office of James Novak
Arizona Criminal & DUI Defense Firm

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On April 29th, 2011, AZ SB 1200 was signed into law by Governor Jan Brewer and is to go in effect on December 31, 2011. The bill approved by the Arizona Legislature will end the automatic right to a jury trial for first-time DUI offenses. As the law currently stands, first time DUI defendants have a right to a jury trial, however, under the new provisions it would be up to the judge’s discretion for whether or not to grant a jury trial.

This new law only applies to first-time DUI offenses. Repeat offenders would still have the right to a jury trial. The bill does, however, offer an alternative to first-time offenders. Their case can be heard in front of a judge, who can ultimately decide whether or not the DUI suspect was guilty.

This change only reflects one aspect of the bill, which covers many other changes to current DUI laws. For example, an important change is the length of time in which first time DUI defendants are required to install an ignition interlock device inside their vehicles. Prior to the change, first time non-extreme offenders had to install an ignition interlock device for twelve months. With the new law, that length of time will now be reduced to six months instead.

The purpose of reducing the ignition interlock time requirement for first time DUI defendants was to help Arizona families who were struggling with the hassle of an ignition interlock device. Shortening the duration of the installation requirement relieved the financial burden of having to keep up the monthly fees, as well as the time it takes to get the device calibrated and reset.

The change to the right to a jury trial happens to be the particular aspect of the bill which has been met with opposition from some citizens and lawyers alike. Supporters of the amendment claim that the change was made in an effort to reduce the state’s cost for expensive jury trials for lesser DUI charges. Those individuals who have trouble with the amendment argue that revoking a defendant’s statutory right to a jury trial is unjust. Especially considering the fact that repeat offenders still enjoy the benefit of having their rights preserved.

Counties within Arizona will in fact save money because there is not jury trial requirement; however, many lawyers have stated that they will challenge the provision on constitutional grounds. Many stand firm on the fact that criminal defendants are supposed to have a right to a fair and speedy trial and they are supposed to have their case heard by a jury of their peers. If you or someone you love has been arrested for DUI in Arizona, where the SB 1200 will be going into effect, you should seek the advice of an experienced DUI defense lawyer who is abreast of the new laws and how they might affect you.

The Wallin Law Group is a DUI defense firm serving the residents of Phoenix and the surrounding communities. Their firm specializes in DUI defense law, which means that they have the experience and qualifications necessary to provide you with a strong defense. Their firm has successfully helped their clients obtain sentence reductions and they have helped get their charges dropped altogether. When you are facing criminal and administrative sanctions, you can’t afford to hire an attorney who doesn’t specialize in DUI defense law. If you choose to hire an attorney from their firm, you can rest assured that your case will be handled by heavyweights who know the best strategies for your defense. Contact a Phoenix DUI defense lawyer from their firm today at (888) 612-3943 or by visiting the firm’s website at http://www.phoenixazduidefenselaw.com.

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My job is to protect my clients. Avoiding a term of probation supervision is part of that protection. I do recognize the value of the probation department, and when it is appropriate, their services can be invaluable.

For younger people whose parents can not control them (the out of control teens) NYS has a PINS Program (Person In Need of Supervision) and pre-PINS probation program. These forms of probation are where the child reports to a probation officer who provides the child with resources, supervision, and direction (psychological counseling, drug counseling, job counseling, school counseling). I do feel that probation is a good thing for some adults as well. As an alternative to incarceration, probation supervision allows them to remain gainfully employed and get counseling for their drug/alcohol issues. Tompkins County also has a Felony Drug Court Program which is probation based, and more intense in it’s rehabilitative goals.

Where I have an issue with probation is where it is recommended or the prosecution wishes to apply it to those adults who do not have drug and/or alcohol dependence issues. Some of these people would not benefit from Court Ordered Probation Supervision. I feel in some respects it is a punishment worse than a short jail sentence.

Recently I was in Court, and was watching an attorney and his client go through a plea and sentencing for a DWI. I observed the judge tell the attorney that because of Probation his client could not now get a condtional license at the DMV. The attorney had a look of shock. What he did not know, and what he failed to tell his surprised client was that once the probation department is involved (You are ON Probation or IN Probation) they decide when and if you get your license back. Not the Court and Not the DMV.

Some of the “terms and conditions” of a three year or five year probation:

1. Report to a Probation Officer or have the Probation Officer make surprise (unannounced) visits to your home or elsewhere (perhaps your job).

2. Remain within the Jurisdiction of the Court unless granted permission to leave (No random visits to relatives or friends or potential job opportunities in other states).

3. Be available for questions from your probation officer.

4. You must receive permission (prior consent) from your Probation Officer before you move, change your job, or remain away from home past 12:00am.

5. Refrain from disreputable people or places.

6. Abstain from the use of all drugs (except by prescription), as well as the use of any intoxicating beverages (alcohol).

7. Stay away from all places where (intoxicating beverages) they are sold or served for on-premises consumption.

8. You must submit at any time without notice and without a search warrant to a search of your person, residence, vehicle, or other personal property, leased and/or owned that is not your residence and any area under your immediate control and permit seizure of any contraband.

9. You must be granted permission to obtain any type of driving privilege or license whether conditional or unconditional.

10. You may have to place an ignition interlock device on your car, and at your expense as required by the Probation department.

11. You have to submit upon request with or without prior notice to any appropriate test including breath, blood, urine or saliva for the purpose of determining the alcohol and/or drug content.

12. Undergo an evaluation for alcohol and/or substance abuse and follow through with any treatment and/or counseling recommended, including inpatient and/or aftercare treatment, and shall undergo said treatment for as long as required, all at your expense.

13. Attend and actively participate in and successfully complete counseling/treatment/educational programming/self help group as designated by Probation.

14. Not drive a car without permission of Probation. Must inform Probation of all cars owned or operated and their plate numbers.

15. Work faithfully at a suitable employment or pursue a course of study or vocational training that can lead to suitable employment. You can not quit or change employment without permission by Probation.

16. You are not allowed to own, use, or possess any guns, rifles, shotguns, stun guns, taiser, swords, ballistic knives, gravity knives, weapons, etc.

As to true understanding of the application of the Probation Department’s terms. I have had clients have to decline better employment in neighboring states. I have had client’s have to submit to liver enzyme blood screens with Probation seeking to discover weekend drug use.

In some counties, it is well known that their Probation Departments do not give permission to have a driver’s license for years. So some things can truly be worse than three or four months in prison.

Larry Newman, Ithaca DWI Lawyer http://www.ithacadwi.com http://ithacadwi.blogspot.com

607-229-5184

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The rising incidences of DUIs (driving under the influence) in Arizona have prompted lawmakers to institute higher fines, making it more difficult for offenders to circumvent the consequences of their actions.

The Arizona DUI fines are now pegged at $1,450 for first-time offenders and $3,400 for second-time offenders. This includes standard fines, surcharges (amounting to 80 percent of the fines), additional $500 fine imposed on first-timers, and $1240 for repeat offenders. These additional fines were imposed in August 2005, to augment the standard fines that only covered expenses for court procedures.

The additional money goes to improvements in highway safety systems and prison housing facilities, according to Arizona lawmakers.  The Arizona Department of Public Safety is adding more police \ along highways to help deter and arrest drivers who go on the road while under the influence of alcohol and other substances.  The fines also go to “prison construction assessments,”  since every DUI offender found guilty needs to serve a mandatory prison sentence.

Note that fines actually vary depending on the gravity of the offense. First-time offenders found to have very high alcohol content in their bloodstream (.15 or more) may be asked to pay as much as $2,700.  The fines stated above are the minimum fines, and depending on the judge, an offender may be forced to pay a much higher amount. In addition to the crippling fines, DUI offenders may also lose their driver’s license and are ordered to submit to alcohol screening and drug and alcohol counseling sessions.

If you happen to be charged with DUI and cannot pay the fine upfront, you have the option of paying it over time.  Immediately consult with an experienced Arizona DUI attorney to prevent losing your license and to protect yourself from other possible fees. But the best advice is still prevention – don’t drink and drive. This way you stay safe, avoid fines and keep your record clean. [http://www.e-ArizonaDUIAttorneys.com]Arizona DUI Attorneys provides detailed information on Arizona DUI Attorneys, Arizona DUI Fines, Arizona DUI Defense, Arizona DUI Laws and more. Arizona DUI Attorneys is affiliated with [http://www.e-ArizonaDUILawyers.com]Arizona DUI Penalties.

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In case of a DUI related crime, the penalty handed down to an accused depends mainly on two factors, the type of DUI that was charged, which is dependent on the gravity of the crime or offense, and on the criminal record of the accused.

In case of being a first DUI or if the Blood Alcohol Count (BAC) is above the specified limit of .080, the sentence could be jail term of 10 consecutive days, nine of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $1475 is charged with additional amount of $250 towards the DUI abatement fund, and a suspension of the driver’s license for three months. The judge could also put the accused on probation of up to five years.

In case of a second DUI or BAC above the level of 0.080, a 90 days jail sentence is awarded, of which 60 days can be suspended based on the completion of substance and alcohol abuse screening, counselling and treatment as ordered by the court. The fine is $2675, with additional amount of $250 towards the DUI abatement fund, revoking of the driver’s licence for one year, and a possible probation period of five years. The court has the right to forfeit a vehicle belonging to the accused which he or she was driving, at time of the arrest for DUI.

In case of a first extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 30 consecutive days of which 20 days can be suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver’s license for three months i.e. 90 days. The judge could also put the accused on probation of up to five years.

In case of a second extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 120 days, 60 of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver’s license for three months. The judge could also put the accused on probation of up to five years.

In the case of a felony DUI in the presence of a child under the age of 15, if the accused has a clean record previously, the accused will have to serve a prison term for between 4 months to 2 years. The fine slapped is up to $150,000 with a surcharge of 80 percent. The driver’s license of the accused is revoked for three years, the probation period extends up to ten years and the court has the right to seize the vehicle in which the DUI felony was committed.

For a felony DUI or a third DUI in the last sixty months, the minimum sentence to be served is 1 year to 3.75 years in prison. The fine is up to $150,000 with a surcharge of 80 percent, with the driver’s license standing revoked for three years and a possible probation of up to ten years. The punishment includes a possible forfeiture of the vehicle in which the last felony was committed. [http://www.e-ArizonaDUIAttorneys.com]Arizona DUI Attorneys provides detailed information on Arizona DUI Attorneys, Arizona DUI Fines, Arizona DUI Defense, Arizona DUI Laws and more. Arizona DUI Attorneys is affiliated with [http://www.e-ArizonaDUILawyers.com]Arizona DUI Penalties.

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