The Law Office of James E. Novak

You have the right to refuse a DUI breathalyzer test in Arizona. However, you should also know that there are consequences to refusing the DUI breath test. Under Arizona's Implied Consent law 28-1321 a driver suspected of DUI who refuses a test, will be subject to a 1 year driver's license suspension. A second refusal within 84 months results in a results in a 2 year suspension of their driver's license. You can learn more about Arizona's Implied Consent Law and your rights surrounding DUI testing in Arizona at www.arizonacriminaldefenselawyer.com/implied-consent-dui-testing-and-consequences-of-refusual.html

James Novak of the Law Office of James Novak, PLLC, offers a free initial consultation for active charges in his service areas. These include Mesa, Tempe, Chandler, Phoenix, Gilbert, and Scottsdale AZ. Charges for services will vary depending on the nature of the offense, classification of charges including felony or misdemeanor, prior criminal history and other factors. James Novak charges a two-tier , flat fee for pre-trial defense services and trial representation. Note that in Maricopa County 97% to 98% of all cases are resolved before trial. James Novak takes pride in charging some of the most competitive fees in his service areas.

In Arizona you can be charged with a DUI even though you were not actually driving. If police find that your ability to drive is impaired, and you are “in actual control of a vehicle” you can be convicted of DUI. To decide if a person was “actual physical control” of a vehicle, the courts will consider numerous factors such as whether or not the keys were in the ignition; your location in the vehicle; the location of the keys; and other related circumstances.

Yes. In the state of Arizona, you can be charged with Marijuana DUI even if you have a medical marijuana card issued under the AMMA, or any other state issued card if it impairs your ability to drive. Under Arizona Law 28-1381 a person may be found guilty of DUI if they are found to have been driving impaired to the slightest degree due to intoxicating liquor or drugs. Arizona courts have held that the AMMA does not provide immunity for those driving impaired due to use of marijuana.

In Arizona, possession of drug paraphernalia can be charged as a misdemeanor or felony. For a misdemeanor, a person could face up to 6 months in jail, and a fine of $2500.00. If charges are brought as a felony, a person can be exposed to jail or prison sentence. Fines for felonies can range up to $150,000.00 per person. But if this is your first single drug related offense, with no aggravated circumstances, it is highly unlikely that you will go to prison or be ordered to pay this large a fine. In fact, you may be eligible for a drug diversion program. This enables you to get your charges dismissed after successful completion of a special drug education and screening program. Other alternative criminal defense strategies exist. So it is best to consult an experienced criminal defense attorney to discuss your options before pleading guilty.

The best way to fight your DUI charges is to retain an experienced criminal defense attorney to defend them. Your attorney will enter a plea of “not-guilty” on your behalf, and evaluate your case to determine the best defense strategy. Defenses should be uniquely applied to the facts of your case. Some of the most common challenges relate to the DUI breath or blood test, roadside testing, reason for the stop, and other constitutional violations.

Yes. Our Law Firm represents ASU students if they are charged with DUI as well as other crimes for which they are accused. Thank-you for your question.