Paradise Valley DUI Attorney

Published on: November 13, 2012

More About Trent R. Buckallew

By Law Offices of Trent R. Buckallew, PC

When you have been arrested for a DUI, you need a reliable Mesa DUI lawyer on your side. From your arrest to your final hearing, you will want someone there to help you work through your charges and to defend you against the prosecution. Without a good lawyer there, you may be arrested and sentenced with penalties that accompany a DUI. These may include jail time, an ignition interlock device license suspension, fines, community service, or mandatory DUI school, just to name a few. Without an attorney that can help, you may end up in a grave situation.

With a DUI, there are actually two trials. You will need to attend a court hearing regarding your offense. If proven guilty, the judge has the right to sentence you to jail time, prison time, community service, probation, etc. You will then need to attend a MVD hearing regarding your crime. This hearing only concerns your ability to drive. You will need to give reasons why you have the right to keep your license, and then argue for this in the hearing. You can bring a lawyer with you to this appointment, if you have located an attorney that is willing to represent you. Mr. Buckallew is more than willing to help you with your cases and to attend all hearings regarding your crime and your license suspension.

With over 13 years of experience, Mr. Buckallew knows what he is doing. He is licensed to practice law all throughout the state of Arizona, which means that he can serve clients that are located just about anywhere within the state. He serves the residents of Phoenix, Tempe, Scottsdale, and all of the East Valley on a regular basis when they are caught in a difficult DUI situation. Mr. Buckallew has a passion for knowledge, which is why he attended Arizona State University to obtain a Bachelor of Science in Justice Studies. Immediately upon graduation, he sought higher education at the California Western School of Law, where he earned his Juris Doctor.

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Published on: September 13, 2012

Tempe DUI – Independent Blood Testing

By Law Offices of Trent R. Buckallew, PC

If you have been charged with a DUI in the Tempe, AZ or surrounding areas, it is important to seek the advice of an experienced Tempe 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 Tempe 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 Tempe, or surrounding areas, including Phoenix, Gilbert, Chandler, Mesa, Scottsdale, Paradise Valley and Queen Creek.

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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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