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Arizona DUI & Criminal Defense Lawyer Blog

Articles Posted in DUI

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If you have been charged with a DUI in the City of Scottsdale, or surrounding areas, it is important to seek the advice of an experienced Scottsdale DUI attorney as soon as possible after being stopped by law enforcement. By doing so, your attorney can guide you through the arrest process and help ensure your rights are protected, including your right to secure an independent alcohol test. As part of its DUI investigation, a police officer may conduct various tests to determine impairment, including field sobriety testing (FST) as well as utilizing a portable breath machine on scene to measure your blood alcohol content (BAC). It is important to understand that if you are arrested for DUI/DWI, you have the right to secure your own independent alcohol test and the police must make reasonable efforts to facilitate this request. While the state has no obligation to gather evidence for a suspect, it must allow a fair opportunity for the suspect to gather potentially exculpatory evidence and to affirmatively advise the suspect of their right to do so in cases where the police are not obtaining a blood sample by way of implied consent. Keep in mind, if you are going to get an independent sample (at a nearby hospital or doctor's office), you will need to get this done as soon as possible after your arrest, and at your own expense. As with most decisions that will need to be made during the course of your DUI court proceedings, there are benefits and challenges to requesting an independent blood test and it is ideal to consult with an attorney prior to making this and other decisions regarding your DUI case.

A DUI conviction can result in significant consequences, including steep fees and fines, possible incarceration, probation, ignition interlock requirements, alcohol treatment classes and other long lasting consequences, including a criminal record and the potential for increased insurance rates. Other challenges an individual may face as a result of a DUI arrest may include loss of driving privileges for a certain amount of time which can cause significant hardship to those who rely on transportation for commuting to and from work, school or fulfilling other obligations in life. DUI litigation is a complex area of law and there are many different aspects an attorney will want to address when challenging state's evidence, which can include the police report, results from any field sobriety testing (FST) that may have been performed during the DUI investigation, and also the results of any bodily fluids (such as blood or urine) that may have been taken to determine blood alcohol content (BAC) levels. Attorney Trent Buckallew has significant experience in litigating DUI matters in the City of Scottsdale and throughout the State of Arizona, from First Time DUI's to very serious and complex Aggravated DUI cases. He has a proven track record of success and a reputation for vigorously defending each and every client in court. To keep well informed of the complex area of DUI law, Mr. Buckallew also belongs to many professional DUI organizations such as the National College for DUI Defense, and has also recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

Contact the firm today for a free case evaluation if you or a loved one has been charge with DUI in the City of Scottsdale, or surrounding areas.

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According to local news reports (azcentral.com), last week, Mesa police spotted a 22-year-old man driving 30 miles per hour over the speed limit. When officers attempted to pull him over, the driver allegedly ignored them and continued speeding. Eventually, he turned into a parking lot and began weaving in and out of parked cars. After allegedly losing control of his vehicle, the man skidded to a stop where police were able to apprehend him.

Police report multiple cans of unopened Bud Light beer in the car, and a DUI test showed the man's blood alcohol content (BAC) at 0.169%. Peace officers arrested the man after he allegedly admitted to drinking 22 beers before operating the vehicle. He was detained under suspicion of extreme DUI, excessive speeding, and unlawful flight.

This not the first DUI case reported in Mesa since the beginning of the month. In fact, a startling number of DUI arrests have been made, many of them related to methamphetamine or other drug use. On Sunday, a 39-year-old Mesa man was caught driving under the influence of Meth. Police also found 55 grams of the drug in the back seat of his car.

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An extreme misdemeanor DUI includes driving under the influence of alcohol with a BAC above a .15, but less than .20 (ARS 28-1382). If you have been charged with an extreme misdemeanor DUI charge, the government may impose harsh penalties, if convicted. The maximum jail time for an extreme DUI is 6 months. The minimum jail time is 30 days (21 may be suspended if ignition interlock device is installed on vehicle for 12 months). Fines and fees for an extreme DUI can total nearly $3,000 (including a $250.00 fine, plus 84% surcharge, $250.00 DUI Fund, $1,000 prison fund, $1,000 Public Safety Equipment Fund, and other fees). Additional fees can include jail costs, probation fees, and cost for interlock ignition device (approx. $800-$1000 for 12 months). In addition to financial penalties, an extreme DUI conviction may result in a 90-day license suspension (30-day full suspension; then 60 days restricted driving permit to drive to/from work/school). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI).

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions regarding your case. Mr. Buckallew is an experienced DUI lawyer with extensive trial experience in both DUI and criminal cases. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. The Firm handles DUI cases in Scottsdale, Phoenix, Gilbert, Mesa, Chandler, Tempe, West Valley cities and throughout the State of Arizona.

Contact the Firm today for a free consultation, with an experienced and aggressive criminal defense attorney, regarding your DUI case.

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A Mesa resident is facing DUI and drug possession allegations after police attempted to pull him over on Sunday. The 39-year-old motorist was driving 12 miles per hour over the speed limit when police spotted his car at about 10:45 p.m., according to police. After police spotted the car, the man began weaving in and out of traffic and driving in between lanes. Shortly thereafter, the man exited the highway and entered a residential area.

According to local news reports (azcentral.com), when police attempted to pull him over, the man allegedly jumped out of his car and left it running on the side of the road. Peace officers pushed him to the ground, where he allegedly resisted arrest. After police apprehended the suspect by tasing and handcuffing him, police discovered nearly 55 grams of methamphetamine in the backseat of his car. Police also found $1,970 in the car, as well as a series of text messages related to drug sales.

A K9 search unit found two bags of a white, powdered material in the back seat of the car – one bag holding 29.6 grams of meth and the other holding 26.9 grams of the drug. After police officers tested the powder and discovered that it was methamphetamine, the driver was arrested. He faces allegations of possessing dangerous drugs with the intent to sell, aggravated assault on a police officer, reckless driving, and DUI.

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A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges ofapproximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI).

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

Contact the Firm today for a free consultation regarding your DUI case with an experienced and aggressive criminal defense attorney. The Firm handles DUI cases throughout the East Valley (including Chandler, Scottsdale, Tempe, Mesa, Gilbert, Apache Junction, Fountain Hills, San Tan Valley, Queen Creek and Casa Grande) as well as Phoenix, the West Valley, and statewide.

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Penalties – 1st Time Misdemeanor DUI in AZ

A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges of approximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI). The penalties become more harsh if a person has prior DUI's, higher BAC levels, was involved in a car accident at time of DUI, had minor children in the car at time of DUI, or were driving on a suspended driver's license at time of DUI.

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

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According to recent reports by the AZ Republic, police made nearly 550 arrests of suspected drunken drivers over this past holiday weekend. The state's DUI Task Force had over 1,800 officers from many agencies working DUI checkpoints across the state, including the East Valley DUI Task Force and law enforcement officers from Mesa Police, Chandler Police, Gilbert Police, Phoenix Police, ASU Police, Department of Public Safety (DPS), and Maricopa County Sheriff's Office (MCSO). Of those arrested, 148 were charged with Extreme DUI (BAC of 0.15 or more) and 19 were charged with Underage Drinking. In addition to DUI enforcement, law enforcement agencies across the valley are also looking to raise awareness about seat belt use, and the "Buckle Up Arizona …. It's The Law" campaign includes police departments from Phoenix, Glendale, Goodyear, Peoria, Buckeye and the Maricopa County Sheriff's Office (MCSO). These efforts will run through June 3rd and authorities aim to increase awareness about seat belt use and not drinking and driving.

If you were charged with DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, Minor in Consumption, Minor in Possession, or any other alcohol related violation, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with DUI related charges can include jail time, significant fees/fines, community work service, alcohol classes and treatment, license suspension, interlock ignition requirements and other long lasting consequences.

Mr. Buckallew is not only experienced in DUI and criminal defense, with extensive trial experience, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence inherent in DUI cases. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. The attorney will conduct a thorough investigation of the discovery in your case, including police reports, blood/breath/urine tests, field sobriety tests, witness statements, photographs, audio/video recordings, and any other evidence the state plans to present. Through the course of his investigation, the attorney will identify any potential legal, factual or procedural weaknesses or any constitutional violations in the case and determine the best course of action in resolving the case under the most favorable terms possible. Every case presents with a unique set of facts and you should consult with an experienced attorney to determine how best to proceed in your case.

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Cinco de Mayo DUI Arrests

With Cinco de Mayo being one of the biggest drinking holidays of the year, the DUI Task Force conducted a statewide enforcement effort during the holiday weekend, setting up checkpoints in the East Valley, West Valley and other points statewide. This DUI Task Force campaign resulted in 433 DUI related arrests. Of those, 134 were for extreme DUI, which is twice the legal limit, and more than 50 people were booked for drug-related DUI's. (Fox 10 News)

The Firm handles both alcohol and drug related DUI charges in the East Valley, West Valley, and throughout the State of Arizona. If you were arrested by the DUI Task Force, or any law enforcement agency in the State of Arizona, contact the Firm at (602) 825-3300 to arrange a free consultation regarding your case.

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With Cinco de Mayo being one of the biggest drinking holidays of the year, the DUI Task Force conducted a statewide enforcement effort over the weekend, setting up checkpoints in the East Valley, West Valley and other points statewide. This DUI Task Force campaign resulted in 433 DUI related arrests. Of those, 134 were for extreme DUI, which is twice the legal limit, and more than 50 people were booked for drug-related DUI's. (Fox 10 News)

The Firm handles both alcohol and drug-related DUI charges in the East Valley, West Valley, and throughout the State of Arizona. If you were arrested by the DUI Task Force, or any law enforcement agency in the State of Arizona, contact the Firm at (602) 825-3300 to arrange a free consultation regarding your case.

Mr. Buckallew understands the serious consequences (which can include jail time, fines/fees, alcohol treatment and classes, interlock ignition requirements, and other penalties) and hardships (including possible loss of driving privileges) resulting from a DUI conviction and will work vigorously in building a strong defense on your behalf. The Firm is experienced in handling all types of DUI cases and has proven results ranging from acquittals at trial, full dismissals and negotiating non-DUI plea agreements. Having confidence in your attorney and in the legal representation that you will receive is a critical factor when looking for the right attorney to represent you.

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