Arizona DUI & Criminal Defense Lawyer Blog

Published on: September 11, 2012

Aggravated DUI Charges

By Law Offices of Trent R. Buckallew, PC

While many DUI charges are classified as misdemeanors in the State of Arizona, there are certain circumstances when DUI charges may be classified as a felony, or 'Aggravated DUI'. If your case was filed in Maricopa County Superior Court, or any other County Superior Court, then it is likely being charged as a felony. Misdemeanor DUI cases are generally filed in City/Municipal Courts or Justice Courts. The primary factors in felony Aggravated DUI charges include:

Driving on a restricted, suspended or revoked license at the time of the DUI (Class 4 Felony)
Driving with a minor child (under the age of 15) in the car at the time of the DUI (Class 6 Felony)
Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months (Class 4 Felony)
If you are required to equip your vehicle with an ignition interlock device at the time of the DUI (Class 4 Felony)

While misdemeanor DUI charges are not taken lightly in Arizona, Aggravated DUI cases are considerably more serious and as such, result in much harsher penalties. The jail or prison terms follow the statutory requirements for Misdemeanor DUI charges – regular DUI, Extreme DUI and Super Extreme DUI, and with no prior felony convictions, the range for an Aggravated DUI (Class 6 Felony) with a minor child in the car is a minimum of 1 day in jail up to a maximum of 2 years in the department of corrections (prison). Additionally, the court fees and fines are nearly $5,000, license is revoked for 1-year (with possibility for restricted driving), up to 10 years' probation (plus probation fees), alcohol screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 1-2 year ignition interlock, depending on BAC level (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable). The jail or prison term for an Aggravated DUI (Class 4 Felony)with no prior felony convictions is a minimum of 4 months (which can be reduced to 24 days if eligible for Continuous Alcohol Monitoring Program) and up to a maximum of 3.75 years in the department of corrections. Additional penalties include court fees and fines of nearly $5,000, a 1-year license revocation, probation up to 10-years (plus probation fees), alcohol screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 2-years ignition interlock device (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable).

Given the serious, costly, and long-term impact of a felony Aggravated DUI conviction, it is critical to seek the advice of experienced DUI counsel before making any decisions in your case. Mr. Buckallew has extensive experience litigating DUI cases, including very serious and complex felony DUI charges, and has a proven track record of successfully resolving countless DUI cases over the course of his career. The Firm handles cases in East Valley Cities, including Scottsdale, Tempe, Gilbert, Mesa, Paradise Valley and Queen Creek, as well as Phoenix, West Valley Cities, throughout Maricopa County and Statewide.

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Published on: September 6, 2012

Labor Day DUI Arrests

By Law Offices of Trent R. Buckallew, PC

Law enforcement agencies across the Valley and throughout the State of Arizona partnered up for their annual DUI Task Force operations and conducted saturation patrols and checkpoints, enforcing DUI and other traffic laws over this past Labor Day weekend. As in years past, officers made thousands of traffic stops – more than 11,000 – and nabbed several hundred driver's for DUI, although, the final numbers represent fewer arrests than in previous years.

According to reports from the Governor's Office of Highway Safety, officers made a total of 564 DUI arrests – 60 of those arrests were for Aggravated DUI with 37 of those due to prior arrest records, and the remaining Aggravated DUI arrests resulted from either driving on a suspended/restricted/revoked driver's license or driving with a minor child (under the age of 15) in the car. An Aggravated DUI is classified as a felony, and can be charged as either a Class 4 Felony (if for example, this was a 3^rd DUI or a license issue) or a Class 6 Felony (if for example, there was a minor child in the car).

The remaining 504 DUI arrests were cited as Misdemeanor DUI charges, with 170 arrests for Extreme DUI, meaning that the driver's blood alcohol content (BAC) was 0.15 or higher. Another 41 arrests were for Under 21 DUI (Underage DUI), and 154 Under 21 Liquor Violations – likely Minor in Consumption, Minor in Possession or Underage Drinking violations. There were also 92 DUI Drug arrests, which involve having any narcotics drugs, illegally obtained prescription medications, marijuana, or any other prohibited substances or their metabolites in your system.

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Published on: September 4, 2012

Labor Day DUI Arrests

By Law Offices of Trent R. Buckallew, PC

Although final numbers have not yet been released, as of early Sunday afternoon, close to 400 people had been arrested on suspicion of DUI as a result heavy enforcement statewide over the Labor Day weekend. According to the state Governor's Office of Highway Safety (GOHS), there have been 382 DUI arrests since Wednesday. The breakdown includes 40 arrests for (felony) Aggravated DUI, and 342 for misdemeanor DUI, with 115 of those arrests for Extreme DUI (BAC of 0.15 or higher), and 62 arrests for DUI Drugs. While arrests are down from this time last year, the average blood-alcohol content has increased from 0.149 last year to 0.155 this year. The saturation patrols continued on Sunday and Monday, particularly around valley lakes and rivers — Monday was expected to be a busy day for law enforcement.

If you were cited by for any type of DUI, including Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI-Drugs, Underage DUI, or any other DUI related violation, the Firm can help and provides free initial consultations. The Firm represents individuals in Scottsdale, Tempe, Chandler, Gilbert, Mesa, surrounding East Valley cities, Phoenix, surrounding West Valley cities, Pinal County, Gila County, Navajo County, Apache County and Statewide.

The Firm focuses its scope of representation on matters involving criminal and DUI litigation and has practiced in City Courts, Municipal Courts, Justice Courts and Superior Courts in just about every county in the State of Arizona. Mr. Buckallew has achieved successful resolution in countless DUI (and criminal) cases over the course of his career and has a reputation for aggressively fighting for the most favorable resolution possible on behalf of each of his clients. Aside from his law degree, Masters of Forensic Science degree, and many years of criminal and DUI litigation, Mr. Buckallew belongs to many DUI organizations to stay well informed of the complex and ever changing practice of DUI law. He belongs to the National College for DUI Defense (NCDD), the American Academy of Forensic Sciences (AAFS), the Arizona Attorneys for Criminal Justice, (AACJ) and others. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

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Published on: August 31, 2012

DUI Task Force – Labor Day 2012

By Law Offices of Trent R. Buckallew, PC

Labor Day weekend is typically the final weekend of the summer for camping trips, boating at the lake, and other outdoor activities in the cooler, higher elevations outside the valley. It is also a time for end of summer celebrations, gatherings and other festivities. With this brings an increase in the number of drivers on the roadways and highways, and a greater likelihood of impaired drivers on the road. Other common violations during times of increased traffic can include, Aggressive Driving, Reckless Driving, Criminal Speed, and other criminal DUI and traffic violations. Law enforcement agencies across the Valley and throughout the State of Arizona will be out in force this weekend, setting up DUI checkpoints to enforce impaired driving and DUI laws. According to local news outlets (AZCentral.com), seven law enforcement agencies are partnering up in the Southeast Valley over the weekend, including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Apache Junction Police, as well as the Arizona Department of Public Safety (DPS), and officers will be looking for impaired drivers in an effort to keep everyone safe. The DUI Task Force Command Center will be set up in Scottsdale at the Scottsdale Stadium where officers will conduct field sobriety tests, perform blood draws, and handle other aspects of their patrol operations. In addition to DUI checkpoints, there will be an increased number of officers on duty, conducting saturation patrols throughout the valley. Up in the high country, the White Mountain DUI Task Force will include AZ DPS, the Pinetop-Lakeside Police Department, the Navajo County Sheriff's Office, the Show Low Police Department, the White Mountain Apache Police Department, the Snowflake-Taylor Police Department, the Apache County Sheriff's Office, and the Eagar and Springerville Police Departments. They will have a checkpoint set up on SR 260 near milepost 354 to detect and apprehend impaired motorists and ensure the safety of driver's on the highway.

Remember to drink responsibly and use a designated driver or call a cab. In the event you are stopped for allegations of driving while impaired with alcohol or drugs, it is important to keep in mind that, 1) You should provide the officer with your driver's license, but you have the right to refuse to answer any questions, 2) You have the right to refuse to do any field sobriety and HGN testing, 3) You should contact your attorney before agreeing to submit to breath or blood testing. Keep in mind that your refusal to submit to field sobriety testing or HGN testing may be brought up by the prosecutor during trial. Additionally, your refusal to submit to a breath or blood test will result in a 1-year suspension of your driver's license. There may be certain circumstances when your attorney may advise you not to submit to chemical tests, so it is important to consult with your attorney before making any decisions regarding this testing and the consequences upon refusal.

DUI cases are taken very seriously in the State of Arizona and penalties can be extremely harsh if you are convicted of a DUI related charge. The consequences can create significant hardship on a person, beginning with the possibility that your vehicle may be impounded for 30-days and you may receive a 90-day license suspension at the time of your arrest. NOTE: You will have 15 days before the suspension goes into effect and also to request an MVD hearing – otherwise, the suspension will be in effect 15 days from the date you were served with the 'admin per se' (license suspension) paperwork, which is usually the same day as your arrest. Other penalties, if convicted, include the possibility of jail time (depending on your BAC level, prior DUI history and other factors), probation, fees and fines, alcohol screening and classes, community work service, ignition interlock device and other consequences. Please visit our DUI website for more details regarding DUI charges, DUI penalties, field sobriety testing, blood and breath testing, implied consent, and other DUI related topics.

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Published on: August 24, 2012

OUI Charges in the Phoenix Area

By Law Offices of Trent R. Buckallew, PC

Phoenix is surrounded by scenic desert landscape and lakes, attracting thousands of visitors each year for boating, fishing, water skiing, swimming, camping and other recreational activities. Lake Pleasant is just north of Sun City and West Phoenix and offers marina facilities, campgrounds and an RV area. Saguaro Lake is just to the northeast of Phoenix and Scottsdale and is surrounded by magnificent canyon walls, offers boat rentals, picnic facilities and a restaurant. Heading northeast of Mesa and Apache Junction is Canyon Lake, which boasts amazing views and hiking trails along with excellent boating conditions. Further north along the Apache Trail is Apache Lake, surrounded by the Superstition Wilderness and offering some of the most picturesque views in Arizona. Lying above Apache Lake, and also the furthest lake from the Phoenix area is Roosevelt Lake, and is also one of the largest lakes in the area. Other popular Phoenix area lakes are Bartlett Lake and Horseshoe Lake, both offering excellent boating, fishing and beautiful scenery.

Because these lakes are such popular destinations for boaters, there is an increased likelihood of impairment in these areas, and as such, they are patrolled by Maricopa County Sheriff's Lake Patrol Division, Arizona Game and Fish, and other police agencies, which enforce alcohol and other related violations. Some of the most common violations on the lakes are OUI related charges, or operating a motorized watercraft while under the influence of drugs or alcohol. OUI charges and penalties are almost identical to DUI charges and are taken very seriously in the State of Arizona. Individuals will be charged with a regular OUI if the blood alcohol concentration (BAC) is 0.08 or more within two hours of operating the boat (or 0.04 or more if it is a commercial motorized watercraft). The penalties, upon conviction, can include no less than ten days in jail (may be suspended for a first violation upon successful completion of alcohol/drug screening and treatment program), $250 fine, community work service, $1000 in assessment fees, alcohol and/or drug screening and classes, and a criminal record. Subsequent OUI violations will result in increased exposure to jail time, fees/fines and other penalties. Additionally, if you are charged with Extreme OUI (BAC greater than 0.15 but less than 0.20) or Super Extreme OUI (BAC of 0.20 or more), the penalties become harsher, including the possibility of increased jail time and higher fees/fines. OUI charges are typically classified as misdemeanors but under certain circumstances, they can be charged as a felony, or Aggravated OUI charge. Some factors that could lead to felony charges include, 1) Third OUI within an 84-month period, and 2) Operating the boat while a person under 15 years of age is on board, and the driver recklessly endangers the minor child with a substantial risk of injury. The penalties will depend upon several factors, including BAC levels, prior OUI history, and other 'aggravating circumstances' such as boating accidents involving injuries.

If you have been ticketed for OUI or any other alcohol or drug related violation while boating, contact an experienced OUI & Criminal Defense Lawyer for a free evaluation of your case. Mr. Buckallew has represented numerous individuals in OUI, DUI and other alcohol related violations over the course of his career and has a proven track record of achieving successful resolution in countless cases over the years. The Firm represents individuals in courts throughout Maricopa County, including Phoenix, Mesa, Apache Junction, Scottsdale, Chandler, Gilbert, and other surrounding cities.

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Published on: August 21, 2012

Crimes Involving Moral Turpitude

By Law Offices of Trent R. Buckallew, PC

What is a crime involving moral turpitude?

According to Black's Law Dictionary, moral turpitude is defined as "Conduct that is contrary to justice, honesty or morality." It is important to understand the consequences if convicted of a crime involving moral turpitude (CIMT), particularly as it relates to immigration matters. These types of crimes can also have an impact on a person's ability to pursue meaningful employment, as prospective employers may call into question, a person's honesty or integrity if these types of crimes are found during a background search.

What types of crimes are deemed to be crimes involving moral turpitude? The more common crimes include the following:

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Published on: August 16, 2012

Are Bath Salts Illegal in AZ?

By Law Offices of Trent R. Buckallew, PC

Are 'Bath Salts' Illegal in Arizona?

According to a recent article by Arizona State University's State Press, Arizona Senate and House Bills were recently signed into law by Governor Brewer, making the "creation, sale and use" of chemicals used in making Bath Salts illegal in the State of Arizona. These designer drugs have become increasingly sought-after given the widespread availability and access to these drugs, the ease in which they can be made, and the belief that the affects mimic those of methamphetamines, ecstasy and cocaine. One of the growing concerns is that it is easy to circumvent existing laws against these types of drugs – Bath Salts (other common names include Blue Silk, Cloud 9, Drone, Stardust, Vanilla Sky, and White Lightning), Spices, and other similar drugs, by substituting one or more of the 'banned' ingredients. Some of the reported effects after ingesting these kinds of drugs have included nausea, paranioa, elevated heart rate, irritability, aggressive and violent behavior, hallucinations, seizures, and perspiration which can lead to individuals removing their clothing and subsequently being found naked after using Bath Salts. Local news reports also cite an addiction specialist at a drug and alcohol rehab center in Scottsdale who has indicated that addiction to bath salts has increased over 200 percent in the past 6 months. U.S. Poison Control Centers have also reported a massive increase in the number of Bath Salts related calls received, with zero reports in 2009, 302 reports in 2010 and 4,000 reports in 2011, according to a news release by the City of Tucson Police Department.

According to the Phoenix New Times, the Tempe Police Department has reported multiple allegations recently of individuals affected by Bath Salts. In one instance, a 23-year old was allegedly found slamming himself against walls and then running nude through a Tempe neighborhood after admitting to ingesting Bath Salts. In another incident, a 21-year old crashed his truck in a parking garage of an apartment complex near Arizona State University. According to witnesses, the individual was fully naked when he got out of his vehicle, and later admitted to police that he had taken Bath Salts. According to court documents, this individual – an ASU student, now has a DUI charge pending against him. In the third instance, an 18-year old was found in the bathroom at a local coffee shop in Tempe, allegedly barricading himself in the bathroom and when entry was gained by Tempe Police, he was said to be completely naked, acting delusional and claimed he was being eaten alive by bugs. Police say he is facing a criminal damage charge as the bathroom was allegedly "trashed" with broken mirrors and covered with "quite a bit of blood". There was also a recent case where Tempe Police pulled a naked man out of Tempe Town Lake and another report of a carjacking in Scottsdale by a naked man – both allegedly under the effects of Bath Salts.

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Published on: August 13, 2012

What Constitutes an Aggravated DUI in AZ?

By Law Offices of Trent R. Buckallew, PC

While many DUI charges are classified as misdemeanors in the State of Arizona, there are some circumstances which can result in DUI charges being classified as a felony, or 'Aggravated DUI'. If your case was filed in Maricopa County Superior Court, or any other County Superior Court, then it is likely being charged as a felony. Misdemeanor DUI cases are generally filed in City/Municipal Courts or Justice Courts. The primary factors in felony Aggravated DUI charges include:

Driving on a restricted, suspended, or revoked license at the time of the DUI (Class 4 Felony)
Driving with a minor child (under the age of 15) in the car at the time of the DUI (Class 6 Felony)
Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months (Class 4 Felony)
Driving under the influence while under court order to equip your vehicle with an ignition interlock device (Class 4 Felony)

While misdemeanor DUI charges are not taken lightly in Arizona, Aggravated DUI cases are considerably more serious and as such, result in much harsher penalties. The jail or prison terms follow the statutory requirements for Misdemeanor DUI charges – regular DUI, Extreme DUI and Super Extreme DUI, and with no prior felony convictions, the range for an Aggravated DUI (Class 6 Felony) with a minor child in the car is a minimum of 1 day in jail up to a maximum of 2 years in the Arizona Department of Corrections (DOC). Additionally, the court fees and fines are nearly $5,000, 1-year license revocation (with possibility for restricted driving), up to 10 years' probation (plus probation fees), alcohol/drug screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 1-2 year ignition interlock – depending on BAC level (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable). The jail or prison term for an Aggravated DUI (Class 4 Felony) with noprior felony convictions is a minimum of 4 months (which can be reduced to 24 days if eligible for Continuous Alcohol Monitoring Program) and up to a maximum of 3.75 years in DOC. Additional penalties include court fees and fines of nearly $5,000, a 1-year license revocation, probation up to 10-years (plus probation fees), alcohol/drug screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 2-years ignition interlock device (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable).

Given the serious, costly, and long-term impact of a felony Aggravated DUI conviction, it is critical to seek the advice of experienced DUI defense counsel before making any decisions in your case. Mr. Buckallew has extensive experience litigating DUI cases, including very serious and complex felony DUI charges, and has a proven track record of successfully resolving countless DUI cases over the course of his career. The Firm handles cases in Scottsdale, Tempe, Gilbert, Mesa, surrounding East Valley Cities, Phoenix, West Valley Cities, throughout Maricopa County and Statewide.

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Published on: August 10, 2012

Restraining Orders in Scottsdale, AZ

By Law Offices of Trent R. Buckallew, PC

What are Protective Orders?

Individuals seeking to restrain a person from acts of domestic violence, harassment, coming near a residence, place of employment or school can obtain a Protective Order in any court in the State of Arizona. If you reside in Scottsdale, chances are you will be seeking an order in the Scottsdale City Court, or other nearby City/Municipal or Justice Courts in your community, including Paradise Valley Municipal Court, Biltmore Arcadia Justice Court, Desert Ridge Justice Court or McDowell Mountain Justice Court. An Order of Protection is generally requested when an individual is seeking protection against a spouse, former spouse, roommate, or other blood relative. If the person you are requesting the Order against does not qualify as a spouse, relative, roommate, or other designated domestic relationship, you will need to request an Injunction Against Harassment instead of an Order of Protection. An Injunction is typically sought when disputes arise between neighbors, co-workers, or other non-domestic relationships.

When requesting an Order of Protection, a Judge can issue the Order if he/she finds that the defendant may, or has committed an act of domestic violence. Domestic Violence Crimes can include Assault or Aggravated Assault, Child Abuse, Criminal Damage, Crimes Against Children, Disorderly Conduct, Harassment, Threatening and Intimidating and other related crimes. The Judge may order either party not to commit acts of Domestic Violence; prevent either party from coming near the residence or place of employment; grant one party full use of the residence; and order any other relief that may be necessary to ensure protection. The Judge may also prohibit the Defendant from possessing or purchasing any firearms as a condition of the Order, and shall subsequently order the Defendant to turn over any firearms to the appropriate law enforcement agency.

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Published on: August 6, 2012

Scottsdale DUI – Right to Independent Blood Test

By Law Offices of Trent R. Buckallew, PC

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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