DUI Category Archives — Page 3 of 7 — Arizona DUI & Criminal Defense Lawyer Blog Published by Arizona DUI & Criminal Defense Attorney

Published on: February 12, 2014

Tempe Felony DUI Defense

By Law Offices of Trent R. Buckallew, PC

Tempe DUI Defense

If you have been arrested for DUI in Tempe, contact a Board Certified Criminal Law Specialist to discuss your rights and legal options before making any decisions in your case. DUI litigation is a complex area of law and there are many variations of DUI related charges. While a first time DUI is usually charged as a misdemeanor, certain factors can also result in a DUI case being charged as a felony. DUI's are commonly thought of as alcohol related offenses, but a DUI can also occur when drugs are involved as well. The type of DUI a person is charged with will determine what the penalties will be if convicted. As mentioned earlier, while many DUI cases are charged as misdemeanors, the range of penalties vary, depending on blood alcohol levels, prior DUI history, and other factors. This is also true for felony DUI cases – the penalties are considerably harsher the more serious the allegations are as well as other factors such as whether the case involved a vehicle collision, or resulted in serious injury or death of another person.

Felony DUI

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Published on: September 10, 2013

Tempe Operation Safe and Sober

By Law Offices of Trent R. Buckallew, PC

According to a recent report in The State Press (8/21/13), Tempe police officers began increasing their patrols with the start of the fall semester at ASU. They have launched a task force – Operation Safe and Sober – which will include saturation patrols around campus and surrounding areas in Tempe, beginning August 15 and continuing through the end of the month. Tempe police officers will be on the lookout for minors consuming alcohol, driver's under the influence of alcohol (or drugs), out-of-control parties and other related criminal violations. Their goal is to try and send a message to students early in the school year in an effort to help alleviate potential trends in these types of activities. The Tempe Police Department will also be working the night DUI task force with officers from other agencies, including MCSO, Scottsdale PD, Gilbert PD, Mesa PD and ASU PD. In addition to DUI and party patrols, officers will also focus on traffic violations, aimed primarily at pedestrians and bicyclists. While warnings will be issued during the first week of school for traffic violations, officers will begin strict enforcement of alcohol related violations right away.

Since the launch of Operation Safe and Sober, Tempe PD reported 371 arrests during the first week and another 486 arrests during week two of the campaign. Of the 371 arrests during the first week, there were 111 Minor in Possession of Alcohol arrests, 91 DUI arrests, 17 Extreme DUI arrests, 14 DUI-Drugs arrests, 6 Underage DUI arrests, 2 Aggravated DUI arrests and 54 calls for loud parties, among other various arrests. Arrests during the second week of the campaign include 208 for Minors in Possession of Alcohol, 85 for DUI, 68 calls for loud parties, and 14 for Minors, under the age of 18, in possession of alcohol.

Tempe PD has also incorporated an educational facet to this campaign and has been talking with students regarding alcohol, laws and safety measures.

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Published on: August 6, 2013

Breath Based DUI Cases in Chandler, AZ

By Law Offices of Trent R. Buckallew, PC

If you have been arrested for any type of DUI violation in Chandler, AZ or any surrounding areas, it is advisable to seek the assistance of an experienced Chandler Criminal Defense Attorney before making any decisions in your case. Aside from the complexities involved in litigating DUI cases, DUI penalties in the State of Arizona are some of the harshest in the country. A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this article we will discuss breath based DUI’s – blood based DUI’s will be covered in the near future.

The purpose of an itemized discovery request should be to obtain the necessary documents to establish that the individuals operating the various machines were qualified to operate them, and to verify that the machine in question was performing, at a minimum, consistent with established legal standards. (Note: This does not necessarily mean the machine was working properly.) Finally, obtaining exhaustive discovery allows your attorney an opportunity to discover when various machines were not functioning properly, or when established procedures and protocols were not followed. The specific items of information needed will be different for each case, but at a minimum, your request should seek to discover the following items in a breath case:

A copy of the investigating police officer’s Operator Permit Card showing that the officer was qualified to administer the breath test utilizing the make and model of the machine used in this case as required by AAC R-13-10-105(C)(1);

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Published on: July 19, 2013

Scottsdale DUI Factual Defenses

By Law Offices of Trent R. Buckallew, PC

If you were arrested for a misdemeanor DUI in Scottsdale, you will likely be cited into the Scottsdale Municipal Court, located at 3700 N. 75^th Street in Scottsdale, AZ. You may also be cited into the McDowell Mountain Justice Court or the Desert Ridge Justice Court if you were stopped along the 101 Highway – both of these courts are located at 18380 N. 40th Street in Phoenix, AZ. Scottsdale Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on "Factual Defenses" which may be advanced in your case.

What are "Factual Defenses"? Factual defenses can be quite complicated in DUI cases due to the large amount of scientific evidence that is normally involved in prosecuting these cases. A more specific (and more complicated) discussion of various factual defenses arising in the context of breath and blood evidence will be covered in future blog articles. Here, we will limit our discussion to a general overview of the categories of potential factual defenses that may arise in a given DUI case. Some of the more common defenses which may arise in the context of a DUI case include:

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Published on: June 7, 2013

Arrested for DUI in Gilbert?

By Law Offices of Trent R. Buckallew, PC

If you were arrested for a misdemeanor DUI in the Town of Gilbert, you will likely be cited into the Gilbert Municipal Court or the Highland Justice Court – both located at 55 East Civic Center Drive in Gilbert, AZ. Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on "Procedural Defenses" which may be pursued in your case.

What are "Procedural Defenses"? Procedural criminal law is the formal procedures and protocols that the court uses to adjudicate criminal cases, including D.U.I. cases. It controls all stages of prosecution from the police investigation all the way through the trial and appeal. At each step of the process, there will be occasions for a competent Gilbert D.U.I. defense attorney to use the rules to help shape the focus the case. Opportunities for exclusion of evidence, and even dismissal of the case, can be fought for utilizing these rules of procedure. In Arizona, the procedural rules are formally titled the "Arizona Rules of Criminal Procedure" and can be found online, or at any local law library. The attorney you chose to represent you in your Gilbert D.U.I. matter should know and understand these rules thoroughly. The importance of these rules cannot be overstated. Some of the procedural defenses that may be raised in D.U.I. or criminal traffic cases may include any number of the following issues:

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Published on: June 6, 2013

“Extreme” DUI Memorial Day Arrests

By Law Offices of Trent R. Buckallew, PC

According to recent media reports, this year's DUI task force arrests exceeded last year's numbers both in the number of people arrested as well as in the average blood-alcohol levels (BAC) of those arrested, compared to previous years. There were 559 people arrested for DUIs over the Memorial Day weekend, up from 547 in 2012 and the average BAC level was .153 – almost twice the legal limit of .08. Of the 559 DUI arrests, 148 of those were charged with "Extreme DUI", meaning their BAC was believed to be at 0.15 or greater. The biggest difference between a regular (non-extreme) 1st Time DUI is the increased jail time (1 day for a Non-Extreme DUI or 30 days for an Extreme DUI) as well as the increased financial penalties for an Extreme DUI.

Other DUI arrests over the Memorial Day weekend included 103 drug-related DUI's, which exceeds the annual totals over the past five years. You can be charged with DUI-Drugs if any sign of a prohibited substance is detected by forensic testing in the crime lab. It is important to note that the crime lab may detect the substance even if the drugs were ingested over a week earlier. Because Arizona permits prosecution upon a finding of the metabolite of a prohibited substance, and because metabolites will remain in the system long after the active ingredient has dissipated, the time frame for acquiring necessary evidence for prosecution can be quite lengthy.

The number of Aggravated DUI arrests this Memorial Day weekend totaled 60 which was a slight decrease over the past few years. A person can be charged with Aggravated DUI under various circumstances, such as, your driver's license was suspended or revoked at the time of the DUI arrest, you had a minor child under the age of 15 in the car at the time of the DUI arrest, or this is your third DUI in a 7 year period. The minimum incarceration time if convicted of an Aggravated DUI is four months in the Arizona Department of Corrections (prison).

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Published on: May 25, 2013

Tempe Memorial Day DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to a media release by the Tempe Police Department, the agency will be out in force over Memorial Day Weekend and have established the following DUI Task Force locations:

Fri. May 24 5:00 p.m. Loop 202 & Dobson Rd. Tempe
Sat. May 25 6:00 p.m. Tempe Fire Training Facility, 1340 E. University Dr. Tempe
Sun. May 26 3:00 p.m. 7300 E. Shoeman Galleria Scottsdale

See Media Release here

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Published on: May 24, 2013

Mesa PD Memorial Day DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to a recent news release by the Mesa Police Department, they will be participating in the annual East Valley Memorial Day DUI Task Force. These operations will consist of both sobriety checkpoints as well as DUI saturation patrols throughout the East Valley. The task force will be employing a zero-tolerance approach to any driver found to be impaired either by alcohol and/or drugs, and also any underage driver or passenger with alcohol in their system. Law enforcement is reminding people to enjoy the holiday, drink responsibility and either designate a sober driver, call a cab, or ride the light rail.

If you have been arrested for a DUI or any other criminal violation, it is important to understand your rights. Before police begin questioning a suspect, he/she is required to read you a Miranda warning, reminding you of your rights. Listed below is an example of typical language used in a Miranda warning:

You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney

Whether you are in custody, or out of custody, it is important to understand that you should not speak with anyone about your case except your attorney. This is especially true if you are in custody, as all of your communications can be monitored, especially communications on jail telephones. Communications with your attorney are protected and privileged, including communications over the jail telephones. Therefore, do not communicate with anybody about your case other than your attorney. This applies to individuals who are in custody and out of custody.

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Published on: May 22, 2013

Memorial Day Weekend DUI Lake Patrols

By Law Offices of Trent R. Buckallew, PC

According to recent news reports (CBS5), the Maricopa County Sheriff's Office (MCSO) will be ramping up their DUI patrols over Memorial Day Weekend in recreational areas around the valley. The Sheriff's office has been granted funding from the Governor's Office of Highway Safety (GOHS), AZ Game and Fish and the U.S. Forest Service, enabling the department to perform saturation patrols over the upcoming Memorial Day weekend – one of the busiest drinking weekends of the year. The patrols will target some of the most popular recreational areas surrounding the valley, including Canyon Lake, Bartlett Lake, Saguaro Lake, Apache Lake, Lake Pleasant, the Verde River, Lower Salt River, other county parks and the Tonto National Forest.

Many of the arrests made by the MCSO over the past year include 849 misdemeanor DUI arrests, 1,362 Underage Consumption / Minor in Possession arrests, 94 felony Aggravated DUI arrests and 230 OUI – operating a watercraft under the influence arrests.

If you are charged with any type of misdemeanor alcohol violation at any of the lakes surrounding the valley, you will most likely be ordered to appear in either the Hassayampa Justice Court in Surprise, AZ (Northwest valley lakes) or the North Mesa Justice Court in Mesa, AZ (Northeast valley lakes). If you are charged with a felony alcohol violation, then your case will likely be handled in the Maricopa County Superior Court if you were within the boundaries of Maricopa County.

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Published on: May 21, 2013

NTSB Recommends Lowering DUI BAC Limit

By Law Offices of Trent R. Buckallew, PC

Under current Arizona law, drivers with a blood-alcohol content above 0.08% can be arrested for a DUI violation. Drivers with a BAC less than 0.08% can be charged with impairment, and in Arizona, we have a 'zero tolerance' law for anyone under the age of 21. Underage drivers can be charged with a drinking violation if any trace of alcohol is found in their system. The BAC limit for commercial drivers is 0.04%. The National Transportation Safety Board (NTSB) believes that it would benefit the public if states lowered the drinking threshold to 0.05% BAC. According to their studies, the NTSB believes that a lower threshold could save as many as 1,000 lives per year.

Some critics say that a 0.05% limit would mean that individuals would be at risk for a DUI arrest after only one glass of wine at dinner. After two glasses, the average male would be almost certain to receive a DUI charge if arrested while behind the wheel. Critics also say that the limit would unneccesarily criminalize social drinking and the American Beverage Association says that it may discourage individuals from ordering alcohol at restaurants and bars over the weekend.

Still, the NTSB argues that an average of 10,000 people die in alcohol-related crashes every year. The NTSB is petitioning the federal government to consider lowering the drinking limit in order to encourage less alcohol-consumption and keep intoxicated drivers off the street. If the BAC limit is lowered, it will undoubtedly lead to more arrests. If DUI laws are changed in the State of Arizona, individuals will need to understand how these changes will impact them and make appropriate adjustments in order to avoid DUI charges. If you need a lawyer for a DUI case in Mesa, Arizona, then you need to call The Law Offices of Trent R. Buckallew today for more information. Call (480) 630-2480 today for assistance in your case.

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