With multiple events going on in February, including Super Bowl LVII, the Waste Management Open, and the Barrett Jackson Car Auction, hundreds of thousands of people descended upon the Valley of the Sun. According to the Super Bowl Host Committee, close to 300,000 visitors came through the NFL Experience in downtown Phoenix, including nearly 25,000 fans in Margaret T. Hance Park for the Super Bowl Sunday watch party. (Fox 10 Phoenix 2/23/23)

Other Super Bowl events were held throughout the valley, including the Old Town Scottsdale Main Street Tailgate, a Super Bowl Gospel Celebration in Mesa, a Super Bowl Music Fest in Phoenix, and of course the Super Bowl itself took place in Glendale, AZ at the State Farm Stadium.

Sky Harbor International Airport broke records on Monday, the day after SBLVII as over 200,000 fans were returning back to their hometowns after the big game. (AZCentral.com 2/16/23)

With the multiple events going in during the month of February, there were likely an increase in arrests during that timeframe. The types of cases we have seen so far have primarily involved alcohol violations, including DUI and Minor in Possession/Consumption as well as Disorderly Conduct cases. Multiple City, State, and Federal law enforcement agencies also performed a sex-trafficking sting operation across the Valley, which resulted in several arrests, including 300 misdemeanor and 48 felony arrests involving 120 arrests for ‘sex buyers’ and 35 arrests for prostitution. Law enforcement agencies have not provided additional information on the other arrests, citing that they are “open investigations”, although, according to court records, 6 of the arrests involved ‘soliciting sex from minors’. (AZ Republic 2/26/23)

If you are facing charges stemming from any of the multiple events in Arizona, whether you were here for the Super Bowl in Glendale, AZ, the Waste Management Open in Scottsdale, AZ, Barrett Jackson Auto Auction in Scottsdale, AZ, or just the magnificent sunshine, this Firm can help. It is stressful enough facing charges, but then add to that, residing outside the state of AZ and great distances from the courthouse in which you are set to appear, can just add to the challenge of facing criminal charges. Having a local attorney who is experienced in representing out of state clients, can relieve a lot of the stress involved with navigating through our criminal justice system here in Arizona. Mr. Buckallew has nearly 25 years’ experience handling all types of criminal charges, ranging from DUI to Aggravated Assault, Domestic Violence, Disorderly Conduct, Soliciting Prostitution and all types of other criminal violations. He is Board Certified in Criminal Law and has been defending against DUI and Criminal charges in the state of Arizona since he began practicing law over 2 decades ago.

Contact the Firm today for a free case evaluation of any pending criminal case in the State of Arizona.

The fall semester is upon us and ASU students are resuming classes this week, with many joining the ranks of college for the very first time. As students are getting moved into dorms or local apartments, and situated for the start of the school year, we want to remind students and families to keep safety in mind both on and off campus. Some common safety tips to remember include bicycle safety, locking your bicycle to prevent theft, locking car doors, not leaving valuables in your car, and using the ‘buddy system’ when walking around campus at night. See ASU’s website for additional safety tips and to learn more about other campus safety protocols.

It is not uncommon at the start of a new school year to see both Tempe Police and ASU Police ramp up their patrols in and around campus to ensure the safety of students and residents. Some of the high traffic areas these police agencies will be focusing on include, University Drive & College Avenue, Apache Boulevard and College Avenue, and Apache Boulevard and McAllister Avenue. The officers try to educate and spread awareness initially and we usually see them giving warnings for certain infractions before they begin issuing citations, whether it be traffic citations or other violations. We also anticipate that both Tempe and ASU Police will be participating in DUI Task Forces throughout the year, cracking down on alcohol related violations such as Underage Drinking, Underage DUI, Minor in Consumption, and Minor in Possession. With over 50,000 students enrolled at the Tempe Campus, and a notable night life with restaurants, bars and entertainment along Mill Avenue and Tempe Beach Park nearby, and numerous large events in Tempe throughout the year, there is an increased potential for impaired drivers and other criminal violations, such as Assault, Theft, Underage Drinking, Disorderly Conduct, and other similar alcohol violations. Remember to stay safe both at home and on campus, as well as at parties, riding your bicycle and driving your car. Drink responsibly and always use a designated driver.

This Firm has been a fixture in the valley for over 20 years, and being so close in proximity to ASU, we have represented countless ASU students over the years. While we handle all types of criminal cases, from Underage Drinking violations to more serious felony Assault and Theft charges, the most common types of cases we see in our office from ASU students include, Minor in Consumption, Fake ID, Possession of Marijuana and Underage DUI cases. If you are facing any type of criminal violation, it is important to seek the advice of an experienced Tempe Criminal Defense Attorney. The government takes these cases very seriously and the consequences can include the possibility of jail time, probation, fees and fines, alcohol screening and classes, community work service and other penalties. If you are a student, this may also jeopardize your opportunity for certain scholarships, or your participation on athletic teams, and will also result in a criminal record if you are convicted. The Firm has represented countless ASU students and other young adults with all types of criminal and alcohol and/or drug related cases and has a proven track record in achieving great results for our clients in many of those cases.

Contact our office today for a free and confidential consultation regarding any pending criminal or DUI charge (602) 825-3300.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

It’s that time of year again for the biggest music festival in Arizona – Country Thunder, which is held at Canyon Moon Ranch in Florence, Arizona (Pinal County), situated about 60 miles southeast of Phoenix. The festival runs April 11^th -14^th (Thursday-Sunday) this year. Nearly 30,000 people are expected to attend the festival each day and many people reserve on-site campsites for the weekend of festivities. Some of the headliners this year include Brett Eldredge, Tim McGraw, Phoenix native Dierks Bentley, and for the very first time at AZ Country Thunder – Chris Stapleton, among other popular country music stars.

As in years past, multiple law enforcement agencies will have a presence during the festival weekend, ensuring safety and security of all festival participants as well as patrolling the roadways leading into and out of Canyon Moon Ranch. The primary law enforcement agencies who usually have a presence each year at Country Thunder include the Pinal County Sheriff’s Office (PCSO) and the Arizona Department of Liquor License/Control – both uniformed officers as well as undercover officers.

According to the Pinal County Sheriff’s Office, they responded to a total of 227 calls within the campground and concert areas last year (2018), which resulted in 16 arrests (18 charges). Of those charges, there were 7 Disorderly Conduct violations, 4 Assaults, and then 1 each of Possession of Narcotic Drugs, Criminal Damage, Resisting Arrest, Misconduct Involving Weapons, Hit and Run with Injury and Liquor Violations. According to a recent article in AZCentral.com, there were 85 other arrests for Underage Drinking violations.

PCSO also actively patrols the roads leading into and out of Canyon Moon Ranch and made 481 traffic stops, resulting in 38 arrests and citations during the 4-day festival last year. These arrests included 9 misdemeanor DUI tickets, 2 Extreme DUI tickets, 2 DUI-Drug tickets, 1 Underage DUI and 1 Minor in Consumption ticket along with a handful of speeding tickets and various other arrests.

If you received a citation while attending the Country Thunder music festival, the court you were cited into will depend upon whether you were ticketed by PCSO, AZ Department of Liquor License/Control, the Florence Police Department, (or another law enforcement agency). However, it is most likely that you will be appearing in either the newly districted Central Pinal Justice Court (formerly known as the Florence Justice Court) or the Florence Municipal Court if you are facing misdemeanor charges, or the Pinal County Superior Court if you are facing felony charges. The court you will need to appear in will be listed on your ticket along with the date and time of your hearing.

If you were charged with DUI after leaving Country Thunder, or charged with an underage drinking violation, or any other criminal violation during the festival, it is important to seek legal advice from an experienced Criminal Defense/DUI Lawyer before making any decisions in your case. Depending on the violation, the consequences of a DUI or Minor in Consumption conviction can be significant, including the possibility of jail time, alcohol treatment and classes, license suspension, fees and fines, community work service, probation, a permanent mark on your criminal record, and can also affect a students’ ability to obtain certain college scholarships and financial aid as well as future employment opportunities. In certain cases, entering into a diversion program may be an option, which means that you can avoid a conviction on your record by taking alcohol education classes and paying the fees associated with the diversion program. In circumstances where diversion may not be an option, your attorney will be able to determine what other legal options you may have in resolving your case, whether it be a negotiated settlement or trial resolution.

We have handled many cases arising out of Country Thunder arrests over the past several years and are familiar with the various types of criminal violations people receive during this festival. If you or a family member are facing charges from Country Thunder weekend, this Firm can help. Whether you have received an Underage Drinking violation, DUI, Assault or any other criminal violation, this Firm can assist in your defense.

Mr. Buckallew is a Board Certified Criminal Defense Attorney, with nearly 20 years’ experience in defending against all types of criminal and DUI cases in most courts throughout Pinal and Maricopa Counties. Contact the office today to arrange a free initial case evaluation for any pending criminal charge you may be facing.

Every year Florence, AZ is host to Country Thunder, the biggest outdoor country music festival in the state. The festival is sure to draw in thousands of fans young and old. With temperatures this weekend forecasted in the 90’s, you will want to be sure to have plenty of water, hats, and sunscreen! Above all, have a great time and be safe.

According to local news outlets, there will be an increased presence of Sheriff’s Deputies, undercover officers and security to ensure the safety and security of everyone attending the festival. Keep in mind, the Pinal County Sheriff’s Office (PCSO), the AZ Dept. of Liquor License/Control, and the Florence Police Department in years past have issued hundreds of citations over the course of the 4-day weekend, particularly involving underage drinking related violations, including Minor in Consumption and Minor in Possession, as well as using fake ID’s to buy alcohol and furnishing alcohol to a minor. We have also seen numerous DUI/DWI cases occur as attendees leave the festival.

If you were arrested by the Pinal County Sheriff’s Office (PCSO), Florence Police Department, AZ Dept. of Liquor License/Control, or any other agency during Country Thunder weekend, contact the Firm to arrange a free evaluation regarding your case. We have handled countless Country Thunder citations over the years and are familiar with the local courts as well as the typical violations we see coming out of this festival each year. Depending on the agency you were arrested by, your case will likely be cited into either the Florence-Coolidge Justice Court located at 400 South Central Avenue in Florence, AZ or at the Florence Municipal Court located at 775 North Main Street in Florence.

Because the consequences of underage drinking violations and DUI offenses can be significant and leave a permanent mark on your criminal record, it is crucial to seek the advice of an experienced Criminal Defense Attorney to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking and Underage DUI related violations can include, jail time, community work service, alcohol classes, license suspension, court fees and fines, and even possible suspension or expulsion from school and/or athletic teams and clubs. Some of the legal issues a defense attorney may explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct actually constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case.

The Firm has handled countless cases involving underage drinking, minor in possession, minor in consumption, furnishing alcohol to a minor, public intoxication, fake ID, as well as DUI/DWI cases and other alcohol related violations. Mr. Buckallew is a Board Certified Criminal Defense Attorney and has a reputation for zealously representing each client and has a proven track record of success. With a statewide practice, the Firm handles cases in Florence – Pinal County, Maricopa County and throughout the State of Arizona. Contact the Firm today for a free evaluation of your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Mesa Municipal Court Criminal Cases

If you were cited and/or arrested on a misdemeanor criminal violation by the Mesa Police Department, you will likely be appearing in the Mesa Municipal Court. The Mesa Municipal Court has jurisdiction over misdemeanor offenses such as DUI (1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI), Assault, Disorderly Conduct, Criminal Damage, Domestic Violence and other criminal misdemeanor charges as well as traffic violations, Orders of Protection and Injunctions Against Harassment. Mr. Buckallew has handled countless cases in the Mesa Municipal Court, is very familiar with the Judges and Prosecutors over there and has experience in handling all types of criminal and DUI cases in this Courthouse. The Courthouse is nearby our Tempe office and is located one block south of Main Street and one block west of Mesa Drive at:

Mesa Municipal Court

250 East 1^st Avenue

Mesa, AZ 85210

The Court operates on a 4-day schedule and the hours of operation are Monday-Thursday 7:00 AM – 6:00 PM (excluding holidays).

Dress Code / Courtroom Etiquette

While your attorney will facilitate the court proceedings and give you instructions regarding your role during these various proceedings, it is always helpful to understand basic courtroom etiquette, including being on time, being polite to all court personnel, opposing counsel and the Judge, turning off electronic devices/phones and dressing appropriately. You want to make a good impression and impress upon the Court and Prosecutor that you are taking your case very seriously, and as such, your appearance and what you wear is important. Clothing should be free of offensive/controversial slogans, and no hats, cut-off shorts or flip-flops should be worn. Your appearance should not distract from your case or your defense and recommended attire would be ‘business casual’ such as a tucked in collared shirt and slacks for men and a blouse or sweater and slacks for women.

Types of Criminal Cases

The most common types of cases we typically see in the Mesa Municipal Court, include DUI, Disorderly Conduct, Domestic Violence, Shoplifting, Assault and Probation Violations. At this Firm, we have experience handling all types of misdemeanor (and felony) criminal cases in the Mesa Municipal Court and in courts throughout the Valley (and statewide).

Free Case Evaluation

If you have a criminal case pending in the Mesa Municipal Court, contact the office to schedule a free evaluation of your case. You will consult directly with Mr. Buckallew, a Board Certified Criminal Defense Attorney. Mr. Buckallew has significant experience in litigating criminal and DUI cases with nearly 2 decades of criminal defense practice and countless cases successfully resolved over the course of his career. Mr. Buckallew personally handles each case from start to finish. You will have peace of mind knowing that you will have a personalized, one-on-one relationship and attention to your case. Mr. Buckallew will be making court appearances with you, providing case updates, and working towards case resolution on your behalf. This helps develop a strong working attorney-client relationship built on trust, and mutual understanding of your case objective(s). Contact us today to schedule your free consultation.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Apache Junction Municipal Court Criminal Cases

If you were cited for a misdemeanor criminal violation by the Apache Junction Police Department, within the city limits of Apache Junction, you were likely cited into the Apache Junction Municipal Court. The types of cases which could be cited into this court could include, DUI (1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI), Assault, Disorderly Conduct, Criminal Damage, Domestic Violence or any other criminal misdemeanor charges. The courthouse is located at:

300 East Superstition Boulevard, Apache Junction, AZ

The Court operates on a 4-day schedule and the hours of operation are Monday-Thursday 7:30 AM – 5:30 PM.

As with any courtroom, the Apache Junction Municipal Court has certain standards of conduct and etiquette in the courthouse. While formal attire is not required, clothing should be free of offensive/controversial slogans, no hats, or cut-off shorts. Recommended attire would be conservative clothing, ‘business casual’ or something you would wear to church. Your appearance should not distract from your case or your defense. Your attorney will give you more specific instructions regarding what your role in the courtroom will be, as this will depend on the various types of hearings in criminal cases.

The most common types of cases we typically see in the Apache Junction Municipal Court, include DUI (including 1st Time DUI, Extreme DUI, Super Extreme DUI, and Underage DUI), Disorderly Conduct, Domestic Violence, Shoplifting and Assault. At this Firm, we have experience handling all types of misdemeanor (and felony) criminal cases in the Apache Junction Municipal Court and in courts throughout the Valley as well as statewide.

If you have been charged with any criminal case in Apache Junction, please contact the office for a free evaluation of your case. You will meet with a Board Certified Criminal Law Specialist – Attorney Trent Buckallew, who will discuss both the details of your case as well as the legal defenses which may be pursued in your case. With nearly 20 years of experience in litigating criminal and DUI cases of all types, Mr. Buckallew can answer any questions you have regarding the court process, defense and litigation goals and the best course of action in your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

First Time DUI Penalties in Mesa

If this is the first time you have ever been arrested for a DUI, you are probably wondering whether you will have to serve any time in jail, whether your driver’s license will be suspended and what types of fines/fees and other costs you might be subject to if you are convicted.

The penalties for a 1st time DUI offense (within 84 months), a Class 1 Misdemeanor, will depend upon your blood alcohol content (BAC):

Jail Time

If you are impaired to the slightest degree (<0.08), or if you are at a 0.08 or greater (but less than 0.15), or if this is a drug based DUI, the minimum jail time is 10 days. If you are at 0.15 or greater (but less than 0.20), the minimum jail time is 30 days. If you are at 0.20 or greater, the minimum jail time is 45 days.

A Judge can reduce the minimum jail time from 10 days down to 1 day upon completion of court order drug/alcohol screening and treatment (for standard offenders); reduce the minimum jail time from 30 days down to 9 days (for Extreme DUI‘s); and reduce the minimum jail time from 45 days down to 14 days (for Super Extreme DUI’s) if the driver installs/maintains an ignition interlock device for a period of 12 months.

Fees/Fines/Assessments

The fines, fees and assessments for a 1^st Time DUI offense (within 84 months) will also depend upon your blood alcohol content (BAC):

If you are Impaired to the slightest degree, or at a 0.08 or greater (but less than 0.15), or drug based DUI the fees/fines are $1,529.10; if you are a 0.15 or greater (Extreme DUI) the fees/fines are $2,779.10; if you are at a 0.20 or greater (Super Extreme DUI) the fees/fines are $3,236.60.

Other costs include jail costs, ignition interlock costs, cost for alcohol screening and classes, SR-22 car insurance policy and increased insurance premiums which can add up very quickly into several thousand dollars.

Driver’s License Suspension/Ignition Interlock

Your driver’s license will be suspended for 90 days on 1^st Time DUI offenses and there will also be a 12-month requirement for installing an ignition interlock device in your vehicle.

Other Penalties

Other penalties after a 1^st Time DUI conviction include completion of alcohol or drug screening and education programs and to participate in the Mothers Against Drunk Driving (MADD) Impact Panel.

Given the onerous penalties – including jail time and all the other costs involved – you should seek an experienced and competent Mesa DUI Attorney to fight your case and ensure the best outcome possible in your case.

Having defended countless individuals facing DUI charges in the Mesa Municipal Court, Attorney Trent Buckallew has extensive knowledge and experience in litigating DUI cases and reaching favorable resolutions on behalf of his clients. Mr. Buckallew is one of a very small percentage of attorneys in the Valley who has achieved Board Certification as a Criminal and DUI Specialist, which is an extremely rigorous process for attorneys. Certification requires support from judges, peers and opposing counsel, demonstration of superior knowledge, skill, integrity and professionalism, a written examination among other specific requirements set forth by the AZ State Bar.

Contact the Firm today for a free evaluation of your 1^st Time Mesa DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Once again, Arizona has proven to be one of the harshest in the country when it comes to DUI punishment, including mandatory jail time, steep fines and other penalties such as loss of driving privileges, possibility of ignition interlock requirements, possibility of increased insurance rates, along with other potential consequences. A recent study by Wallet Hub ranked Arizona number 1 in penalties for drunk driving and number 2 in DUI prevention efforts (https://wallethub.com/edu/dui-penalties-by-state/13549/). Along with some of the harshest penalties in the country, Arizona has implemented significant prevention efforts across the state. Police agencies in Mesa, and all across Arizona, partner together during holiday and other high traffic weekends to set up DUI task force checkpoints as a preventative measure and also to raise awareness amongst drivers. According to a recent article on azcentral.com, (http://www.azcentral.com/story/news/local/phoenix/2016/08/12/arizona-toughest-nation-dui-study-says/88636358/), DUI’s accounted for 33 percent of the 811 total fatalities in Arizona in 2015, according to data from the Arizona Department of Transportation. At any given time, due to DUI checkpoints and overall DUI enforcement in Maricopa County, the Maricopa County Prosecutor’s Vehicular Crimes Unit has an average of 715 Aggravated (felony) DUI cases spread amongst its 13 Vehicular Crimes prosecutors at any given time throughout the year. These numbers do not include the thousands of misdemeanor DUI cases prosecuted in AZ every year. While a 1st Time DUI is usually charged as a misdemeanor, there are certain factors that can cause a DUI to get charged as a felony, including:

• Driver’s license is suspended/canceled/revoked at the time of the DUI
• A minor child under the age of 15 was in the car at the time of driving
• This is a 3^rd DUI within 84 months
• The DUI occurred while the driver was required to have an ignition interlock device in the vehicle

The penalties for felony DUI cases are considerably harsher than penalties for misdemeanor DUI cases. The maximum penalty for a first time Aggravated DUI can include: 3.75 years in prison, a 3-year license revocation and a maximum fine of $150,000.00 plus 84% surcharge. The minimum penalty in these cases often requires: a mandatory minimum of 4 months in prison, up to 10 years of probation, a 3 year license revocation, $750.00 fine plus surcharge, $250.00 DUI abatement fund, $1,500 prison construction fee, $1,500.00 state general fund, and an ignition interlock device. The prison term can be increased to 8 months minimum if the person has a total of 3 or more prior DUI convictions in an 84 month period. An individual charged with felony DUI involving a child under 15 in the car, while possessing a valid driver’s license, can see the jail penalties reduced to levels within the misdemeanor offense category. Also, one can apply for and obtain a restricted license while on probation. The remaining felony terms would still apply. More serious felony DUI cases, such as DUI cases involving serious injury or homicide have considerably harsher penalties of up to 15 years in prison for multiple felony DUI charges and up to 21 years in prison in DUI homicide cases. Every case is different and the penalties in each case will depend upon a variety of factors so it is advisable to consult with an experienced DUI attorney regarding the specific penalties you may be facing in your DUI case.

Mr. Buckallew is a Board Certified DUI and Criminal Law Specialist,having been certified by the Arizona State Bar, Board of Legal Specialization. This means that he has significant experience in the practice of both DUI and Criminal Defense. Mr. Buckallew personally handles each and every case himself which means you are guaranteed the expertise of a highly experienced DUI attorney from start to finish on your case. Mr. Buckallew focuses his practice on criminal and DUI defense and belongs to many professional organizations, including theNational College for DUI Defense, The American Academy of Forensic Science, and Arizona Attorneys for Criminal Justice. He was also named a Top 100 Trial Attorney by the National Trial Lawyers – 2012 & 2013. He has handled all types of DUI cases, ranging from DUI Homicide cases, Aggravated DUI, Felony DUI with Multiple Priors, 1^st Time DUI, Underage DUI, Extreme DUI, Super Extreme DUI, and many others. Please contact the Firm today to consult with a Mesa Board Certified DUI Attorney regarding your Aggravated DUI case and to discuss your legal options.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Copyright © 2011 Trent R. Buckallew, Attorney at Law

The Law Offices of Trent R. Buckallew, PC

Arizona Criminal Defense Attorney, 1201 S. Alma School Rd. #11550

Mesa, AZ 85210 – (602) 825-3300

If a law enforcement officer has arrested you for reasonable suspicion of drunk driving, then you are legally required to take a blood, urine, or breathalyzer test to determine your BAC. These tests have to be taken within two hours from when you were driving. Breathalyzer tests can usually be taken right on the side of the road, but blood and urine tests need to be administered by a medical professional at a nearby hospital.

If a driver refuses to take a BAC test, they will face penalties:

• First refusal: 1-year license suspension
• Second refusal: 2-year license suspension
• Third refusal: 2-year license suspension

Note that these suspensions are in addition to any administrative and criminal penalties you might later incur as part of a DUI conviction. Simply put, a BAC test refusal can only stand to make your DUI charge worse—even if you are later acquitted.

“I’ve already refused—now what?”

If you have already refused a BAC test, then your arresting police officer has seized your license and the state has been notified of your suspension. You will be given a temporary 15-day license, but after that, your driving privileges are officially suspended.

You can, however, request a hearing with the Motor Vehicle Division and object to your DUI-related suspensions. It is advantageous to have proven counsel by your side during these hearings and ensure that the best possible argument is put forth in reinstating your driving privileges. Time is of the essence, though, and swift action is needed to effectively reduce these suspension times.

If you are facing a serious DUI charge, then skilled and dedicated counsel is needed to resolve this matter as favorably as possible. At the Law Offices of Trent R. Buckallew, PC, Attorney Buckallew is a Mesa Board Certified Criminal Defense Lawyer who has helped countless clients navigate their DUI charges and arrive at the best possible outcome of their cases.

Start protecting your future today with a Mesa DUI defense lawyer capable of securing results. Request a case evaluation today.

With a vibrant night life, college town atmosphere and a variety of bars and restaurants – Tempe is a great town to enjoy an abundance of activities. With ASU at the heart of the city, and the party atmosphere along Mill Avenue, this also means law enforcement has a noticeable presence, particularly on weekends, holidays and during festival weekends and other high traffic times throughout the year. One of Tempe Police Department’s annual campaigns is the “Safe and Sober Campaign” which typically begins at the start of the fall semester at ASU and runs for about 8 weeks. The primary focus is the enforcement of liquor laws such as Underage DUI and Felony DUI, but also includes educating folks about bicycle and pedestrian safety and enforcing party ordinances. If you are charged with an alcohol violation in Tempe, it is critical to consult with an experienced DUI attorney as Arizona is one of the toughest states as far as penalties are concerned.

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 you are charged with a felony DUI in Tempe, your case will be filed in Maricopa County Superior Court. Misdemeanor DUI cases in Tempe are generally filed in the Tempe Municipal Court (if Tempe Police Department was the arresting agency) or the University Lakes Justice Court (if ASU Police Department was the arresting agency). The primary factors in felony Aggravated DUI charges include:

Class 4 Felony:

• Driving on a restricted, suspended or revoked license at the time of the DUI
• Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months
• If you are required to equip your vehicle with an ignition interlock device at the time of the DUI

Class 6 Felony:

• Driving with a minor child (under the age of 15) in the car at the time of the DUI

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 anAggravated 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. 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 the 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 in Tempe, it is critical to seek the advice of an experienced Tempe DUI lawyer 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. Mr. Buckallew is also a Board Certified Specialist in Criminal Law, as designated by the State Bar Of Arizona.

Contact the Firm today for a free evaluation of your Tempe felony DUI or any other criminal or DUI case in the City of Tempe.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

The weather is warming up in Phoenix which means surrounding lakes are filling up with valley residents looking for a place to cool down. Valley lakes are a popular place for residents to recreate and take part in water activities, including boating, jet skiing, fishing, paddle boarding, beach side barbecuing, hiking and just enjoying the scenery. A popular lake for east valley residents is Saguaro Lake which is just northeast of Mesa and easy to access from Scottsdale and Phoenix as well. If you are headed out to Saguaro Lake, situated in the Tonto National Forest, you will need to purchase a daily pass to display in your vehicle ($6) plus a watercraft use fee ($4) for each watercraft you are taking out on the lake. These passes are not sold at the lake so be sure to purchase them beforehand either online or at various retail outlets on your way out to the lake. Additionally, if you plan to fish, be sure to check out fishing license requirements before heading out to the lake as well.

Finally, if you plan to consume alcohol during your outing at the lake, always be sure to designate a sober driver for boats and other motorized watercraft as well as for the drive back home. A fun day at the lake can quickly turn sour if you are arrested for a boating DUI, or more specifically – an OUI (Operating Under the Influence). If you are arrested for OUI on Saguaro Lake, the arresting agency will likely be the Maricopa County Sheriff’s Office (MCSO) – Lake Patrol Unit, and you will likely be cited into the North Mesa Justice Court (for misdemeanor OUI charges) or the Maricopa County Superior Court (for felony OUI charges). If you are facing OUI charges, they are treated very similar to a regular DUI, and it is imperative to seek competent legal counsel before making any decisions in your case.

Misdemeanor OUI Charges

According to Arizona Revised Statutes (ARS) § 5-395, It is unlawful to operate or be in actual physical control of a motorized watercraft under any of the following circumstances:

1. While under the influence of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If a person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control (APC) of the motorized watercraft and the alcohol was consumed either before or while operating or being in actual physical control of a motorized watercraft.
3. While there are drugs (or drug metabolites) in the person’s body.
4. If the motorized watercraft is a commercial motorized watercraft and the person has an alcohol concentration of 0.04 or more.

Penalties for OUI Misdemeanor charges:

1^st Offense OUI (BAC 0.080-0.149%) Possibility of 10 days in jail (may be suspended upon completion of alcohol/drug screening/treatment program and a finding of non-reckless operation of the watercraft), minimum fees & fines of $1,250, and possible community work service and probation.

1^st Offense Extreme OUI (BAC 0.150-0.199%) Possibility of 30 days in jail (all but 10 days may be suspended upon completion of alcohol/drug screening/treatment program), minimum fees & fines of $2,500, possible community work service and probation.

1^st Offense Super Extreme OUI (BAC 0.200% or greater) Mandatory 45 days in jail, minimum fees & fines of $2,750, possible community work service and probation.

Penalties are increasingly harsher if you have prior OUI convictions, or if other aggravating circumstances exist in your case. Please consult an attorney to discuss the specific penalties relevant to your circumstances.

Felony OUI Charges

An OUI will be charged as a felony under the following circumstances, ARS § 5-396:

1. If it is a third or subsequent OUI charge within a period of 84-months (Class 4 Felony).
2. The person is charged with an OUI and a person under 15-years of age is on the watercraft (Class 6 Felony).

Penalties for Aggravated (felony) OUI charges:

Aggravated DUI (Third charge within 84-months) Minimum 4 months in Arizona Department of Corrections (prison), alcohol or drug screening, counseling and education, and minimum fines of $4,000.

Aggravated DUI (Minor child under 15- years of age on watercraft) minimum jail time tracks that of 1^st offense OUI charges, alcohol or drug screening, counseling and education, and minimum fines of $4,000.

Penalties are increasingly harsher if you have more than 2 prior convictions within an 84-month period, or if other aggravating circumstances exist in your case. Please consult an attorney to discuss the specific penalties relevant to your circumstances.

Please contact the Firm today if you are facing OUI charges and speak with a Board Certified Criminal Law Specialist who will discuss the possible defenses and legal options in resolving your OUI case. Mr. Buckallew has handled OUI cases throughout Maricopa County as well as many other criminal boating violations, such as reckless operation of a watercraft, and he has significant experience in litigating a wide variety of criminal cases including OUI and boating related violations.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

The countdown to Super Bowl XLIX continues as throngs of fans head out to Super Bowl Central which has taken over about 12 blocks in downtown Phoenix. According to azcentral.com, Phoenix along with state liquor officials have approved public consumption of alcohol within an enclosed 9-block area of downtown Phoenix, enabling folks to enjoy the street festivities with a cocktail in hand. This is said to be the largest special event liquor license ever issued in downtown Phoenix and to ensure the safety of everyone, security will be extremely tight. Anyone wanting to consume alcohol in this area will be required to show their ID, wear wristbands, and stay within the 9-block perimeter which will be secured with temporary barricades. Officers from Phoenix Police Department, Maricopa County Sheriff’s Office (MCSO) and the AZ Department of Liquor License and Control will be conducting enforcement efforts and ticketing violators for drinking violations such as Minor in Consumption / Minor in Possession and Underage Drinking as well as any other criminal violations ranging from Disorderly Conduct, Assault, Weapon and Firearm Violations, and Drug Violations. There will also be increased DUI enforcement in and around Phoenix so if you do plan to consume alcohol, be sure to designate a sober driver or utilize taxi service, Uber, or the light rail to avoid the harsh consequences of a DUI charge in Arizona.

Some of the most common alcohol violations we see with large events around the valley include, Underage Drinking, Underage DUI, False ID and Minor in Consumption (MIC) / Minor in Possession (MIP) violations. Arizona has a “zero tolerance” law which prohibits anyone under the age of 21 to drive with any trace of alcohol in their system. If you are under the age of 21 and your blood alcohol content (BAC) is at or above .08%, you may also be charged with DUI in addition to Underage Drinking. The penalties for some of the common underage drinking violations are outlined here:

A.R.S. § 4-241L – (Fake ID) “A person who is under the legal drinking age and who misrepresents the person’s age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

A.R.S. § 4-241M – “A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.” The maximum punishment for a class 3 misdemeanor is up to 30 days in jail and a fine of up to $500.

A.R.S. § 4-244(34) – (Underage Drink and Drive) “It is unlawful…For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” The maximum punishment is up to 6 months in jail and a fine of up to $2,500.00

A.R.S. § 4-244(9) – (Minor in Consumption / Minor in Possession) “It is unlawful…for a person under the legal drinking age to buy, receive, have in the person’s possession or consume spirituous liquor…” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

In addition to possible exposure to jail time and significant fines, underage drinking violations can also result in license suspensions of up to two years, probation, community work service, a criminal record and other unanticipated consequences. Before making any decisions in your case, it is critical to seek the advice of legal counsel to ensure you understand your legal options and the consequences of a conviction.

Mr. Buckallew is a Board Certified Specialist in Criminal Law and focuses his practice primarily on DUI and Criminal Defense in Phoenix and surrounding areas. He has significant experience in litigating all types of DUI and Underage Drinking violations, including Minor in Consumption / Minor in Possession, Fake ID, Underage Drink and Drive, 1st Time DUI, Extreme DUI, Felony DUI and any other criminal or DUI charge in the state of Arizona. Contact the Firm today for a free evaluation of your Phoenix DUI or criminal case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

As Glendale is gearing up to host the Seattle Seahawks and the New England Patriots on February 1^st we want to welcome an estimated 100,000 out of town visitors expected to visit the Valley of the Sun for Super Bowl XLIX. According to AZCentral.com, Phoenix area airports (including Scottsdale Airport, Phoenix Deer Valley Airport, Goodyear Airport, Glendale Municipal Airport, Mesa’s Falcon Field Airport, Phoenix-Mesa Gateway Airport, Chandler Municipal Airport, and of course Phoenix Sky Harbor International Airport) have been preparing for this increased air traffic for several months, anticipating over 1,000 additional private aircraft along with commercial and charter jets.

The NFL will be hosting the Super Bowl Experience activities at the Phoenix Convention Center the week leading up to the super bowl. According to azsuperbowl.com – along with the many interactive attractions, games, exhibits and other activities, fans will also be able to find many other venues and activities around town including the 2015 Pro Bowl on January 25^th at University of Phoenix Stadium, the 2015 Waste Management Phoenix Open at TPC Scottsdale (1/26/15-2/1/15), Super Bowl XLIX Media Day (1/27/15), Verizon Super Bowl Central – a free, family-friendly, football themed outdoor fan fest taking over Downtown Phoenix (1/28/15-2/1/15), along with many other events leading up to the big game.

And of course with any event of this scale, law enforcement agencies from around the valley are coordinating efforts to ensure the safety of all residents – both locals and visitors alike. With a week filled with Super Bowl events spread across the valley between Glendale, Phoenix and Scottsdale, police officers from Glendale PD, Phoenix PD and Scottsdale PD will be working off-duty shifts in addition to all regularly scheduled shifts in these departments. Additionally, other agencies – both local and federal, are providing the assistance of their officers, including Gilbert PD, Tempe PD, Mesa PD and Prescott PD, along with regional cooperation of over 50 agencies. The City of Phoenix is hosting the major events – both Super Bowl Central covering several blocks in downtown Phoenix, as well as the Super Bowl Experience at the Phoenix Convention Center. The City of Scottsdale will be hosting many out town visitors in local resorts both for the Super Bowl and the WM Phoenix Open. The Super Bowl itself as well as the Pro Bowl will be played at University of Phoenix Stadium in the City of Glendale.

Whether you’re participating in some of the many Super Bowl activities in Phoenix and around the valley, or taking time out to enjoy our fantastic weather with a hike up Camelback Mountain, a stroll through the Phoenix Desert Botanical Gardens, dining or shopping along historic Mill Avenue in Tempe, or checking out Historic Downtown Glendale – there will be no shortage of activities to fill your days. Enjoy the festivities, celebrate responsibly and remember to use a designated driver, utilize the light rail, taxi service or Uber.

In the event you find yourself facing DUI charges during super bowl week, it is critical to seek the advice of competent legal counsel before making any decisions in your case as Arizona has some of the toughest DUI laws in the country. Outlined below are some of the common DUI violations along with associated penalties:

Misdemeanor DUI (1^st Offense) – BAC between .08% – .149%

Minimum Penalties include 10 days jail (9 can be suspended if court ordered alcohol classes are completed successfully), over $1,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Extreme DUI (1^st Offense) – BAC between .15% – .199%

Minimum Penalties include 30 days jail (all but 9 days can be suspended with the installation of ignition interlock for 12-months), over $2,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Super Extreme DUI (1^st Offense) – BAC at or above .20%

Minimum Penalties include 45 days jail (all but 14 days can be suspended with the installation of ignition interlock for 12-months), over $3,000.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Felony Aggravated DUI (1^st Offense)

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‘. The primary factors in felony Aggravated DUI charges include:

Class 4 Felony:

• Driving on a restricted, suspended or revoked license at the time of the DUI
• Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months

Minimum Penalties include 4 months in prison, over $5,500.00 in fees/fines, 3 year license revocation, mandatory drug/alcohol evaluation and treatment program, up to 10 years’ probation and vehicle ignition interlock device.

Class 6 Felony:

• Driving with a minor child (under the age of 15) in the car at the time of the DUI

Minimum Penalties include a minimum of 10 days jail but increases based on BAC levels, over $4,500.00 in fees/fines, 3 year license revocation, up to 10 years’ probation, drug/alcohol evaluation and treatment program and vehicle ignition interlock device.

Please visit our Arizona DUI website for more in depth information regarding Arizona DUI charges and penalties. The Firm handles all DUI cases throughout the entire State of Arizona – both misdemeanor and felony, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI – Drugs, DUI Involving an Accident, Underage DUI or any other drug or alcohol DUI you may have been charged with. The Firm handles cases in City/Municipal Courts in Phoenix, Tempe, Scottsdale, Gilbert, Mesa, Chandler, Glendale and throughout the entire valley. The Firm also handles cases in all Maricopa County Justice Courts throughout the valley as well as the Maricopa County Superior Court. The Firm also handles ANY criminal charge in Phoenix and throughout the State of Arizona, including (but not limited to) Disorderly Conduct, Criminal Damage, Assault, Littering, Shoplifting, Drug Crimes, Juvenile Crimes and Reckless Driving.

If you are facing DUI charges in Phoenix, contact the Firm today for a free evaluation of your case. Mr. Buckallew is a Board Certified Criminal Law Specialist and has significant experience in litigating DUI cases in Phoenix courts and throughout the State of Arizona.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

If you are facing criminal charges in Phoenix, a Board Certified Criminal Defense Attorney with this Firm offers a free, no obligation evaluation of your case. Mr. Buckallew has focused his practice primarily on criminal and DUI defense, representing countless individuals in Phoenix and throughout the State of Arizona for over the course of his career. The Firm has defended a wide range of criminal cases, from Disorderly Conduct and Domestic Violence cases to DUI cases all the way up to First Degree Murder cases. Mr. Buckallew has handled countless cases in the Phoenix courts – both the Phoenix Municipal Court (misdemeanor criminal/misdemeanor DUI) and the Maricopa County Superior Court (felony criminal/felony DUI). The Firm also represents individuals in the Maricopa County Justice Courts located in Phoenix, including the Arcadia Biltmore Justice Court, Desert Ridge Justice Court, Downtown Justice Court, Encanto Justice Court, Dreamy Draw Justice Court, Maryvale Justice Court, McDowell Mountain Justice Court, Moon Valley Justice Court, South Mountain Justice Court, and the West McDowell Justice Court (misdemeanor criminal/misdemeanor DUI). In addition to criminal and DUI cases, Mr. Buckallew also represents plaintiffs or defendants in Injunction Against Harassment/Order of Protection proceedings as well as Interfering with Judicial Proceedings cases.

If you are charged with a DUI in Phoenix, it is critical to seek competent legal counsel as these cases can result in significant fees/fines, potential for incarceration, increased insurance premiums, college/career repercussions, possible suspended or revoked driver’s license, possible probation, and the possibility of ignition interlock requirements and alcohol classes. DUI litigation requires knowledge in both criminal defense as well as a thorough understanding of the scientific evidence (blood, breath, etc.) and Mr. Buckallew has significant experience in both of these areas. With his Law Degree and continuing legal education along with his Master’s Degree in Forensic Science, Mr. Buckallew understands both the science behind the evidence as well as the potential legal defenses inherent in DUI cases. He has handled all types of DUI cases including (but not limited to), 1st Time DUI, DUI Involving an Accident, Underage DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI with Multiple Priors, DUI Involving Homicide (or Injury), and DUI – Drugs. He has achieved successful outcomes for countless clients over the years, including full case dismissals, not guilty jury trial verdicts, favorable plea agreements, and aggressively defends each and every case he handles.

Mr. Buckallew has also handled a wide range of criminal cases – both misdemeanor and felony, including (but not limited to), Assault, Domestic Violence, Drug Possession, Drug Sales, Drug Crimes, Juvenile Crimes, Shoplifting, Misconduct Involving Weapons, Theft Crimes, White Collar Crimes, Minor in Possession, Minor in Consumption, Burglary, Reckless Driving, Disorderly Conduct, Violation of Restraining Orders, Prostitution, Sex Crimes, Homicide and Murder. He has a track record for zealously defending each and every client and has achieved successful outcomes in countless cases over the course of his career.

Contact the Firm today for a free case evaluation if you have a criminal or DUI charge in Phoenix.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Please celebrate responsibly and enjoy a safe and happy New Year’s Eve! If you plan on drinking tonight, make transportation plans ahead of time for the safety of yourself and other drivers on the roadways. There are plenty of options to ensure a safe arrival home at the end of the night, including taxi or limo service, Uber or a designated driver. In addition, AAA Tipsy Tow service is once again offering a free (10-mile) tow and ride home – call 1-800-AAA-HELP between 6PM Dec. 31^st and 6AM Jan. 1^st https://www.az.aaa.com/news/automotive/tipsytow. Also, check out Valley Metro as they are teaming up with Coors Light to provide free rides on bus, light rail and ADA Dial-a-Ride services beginning at 7PM on New Year’s Eve. See more at: http://www.valleymetro.org/landing_page/freerides/.

If you do find yourself being charged with a DUI, it is critical to seek the advice of competent legal counsel as soon as possible. Arizona has some of the toughest DUI laws in the country and if convicted, the penalties include significant fees, fines, mandatory incarceration, alcohol counseling, potential for increased insurance premiums, ignition interlock requirements, probation, possible vehicle impoundment, license suspension, and other unanticipated consequences.

The penalties are typically harsher the higher your blood alcohol content (BAC) and can also be harsher when certain ‘aggravating’ factors are involved, such as having a minor child (under the age of 15) in the car, having a suspended/revoked driver’s license, or having multiple DUI convictions at the time of the DUI stop. At a minimum, the penalties for a First Time DUI with a BAC of .08-.15% can include up to 6 months in jail, a $2,500 fine (with 84% surcharge) plus additional fees, a 90-day to 1 year driver’s license suspension, ignition interlock requirement, mandatory alcohol screening and counseling, probation and potential for increased insurance, among other consequences. Extreme DUI (BAC of .15-.20%) and Super Extreme DUI (BAC > .20%) result in even harsher penalties including increased jail time, higher fees/fines, vehicle impoundment, license suspension, and other penalties. If there are ‘aggravating’ circumstances involved at the time you are stopped, you will likely be charged with a Class 4 or Class 6 Felony DUI. Aggravating circumstances, as previously mentioned, can include having a minor child in the car, having multiple prior DUI convictions or driving without a valid driver’s license (i.e. suspended/revoked). As you can imagine, the more serious the circumstances and the higher your BAC, the harsher the penalties will be. The prison term for an Aggravated DUI conviction can be anywhere from 4-months up to several years. The fees and fines are substantially higher for felony DUI’s, as are other penalties, including longer license suspension, increased insurance premiums, probation, classes and other unanticipated consequences.

If you are arrested for DUI in Phoenix, or surrounding cities (including Gilbert, Scottsdale, Mesa, Tempe, Queen Creek, San Tan Valley, Paradise Valley, Apache Junction and Chandler), it is imperative to consult with competent legal counsel as each case is unique and the consequences/penalties of each DUI will depend upon many factors and circumstances in a case. Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the State Bar of Arizona, and thus, has significant experience in litigating all types of DUI and criminal cases. He has successfully litigated all types of DUI cases from 1st Time DUI and Underage Drinking to DUI Involving Homicide and everything in between. Mr. Buckallew has practiced in just about every Municipal/City/Justice Court in Maricopa County, the Maricopa County Superior Court, and Courts in just about every other County in the State of Arizona. Contact the office today for a free evaluation of your DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

The 4^th of July is a day for celebration involving many festivities, including watching fireworks, family BBQ’s, camping, boating, parades, baseball games and other patriotic activities. Given that July 4^th falls on a Friday this year, it is also a 3-day weekend for many and we wish all a very safe and happy 4^th of July weekend.

As with many other holiday weekends, AZ Law Enforcement will be out in full force around the state with DUI checkpoints and increased patrol in heavy traveled areas of the state. If you plan to enjoy alcoholic beverages this weekend, be sure to plan in advance for a designated driver, a cab ride, or alternate means of transportation to keep yourself and other drivers safe this weekend.

In the event you are cited for a DUI over the 4^th of July weekend – whether alcohol or drug related, or you receive an OUI while out boating on any of the many lakes surrounding the valley, or up north – the Firm is available to discuss the DUI/OUI court process, DUI penalties and most importantly – your legal options.

The Firm represents individuals with any type of DUI charge – felony or misdemeanor, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI, Aggravated DUI, DUI involving Accident/Injury/Homicide, DUI – Drugs, OUI (Operating a boat under the influence), and any other alcohol or drug related DUI violation. Mr. Buckallew has defended countless DUI cases throughout the State of Arizona over the course of his career, including most valley (and surrounding county) City/Municipal Courts, Justice Courts and Superior Courts. The Firm represents individuals in Mesa, Gilbert, Tempe, Scottsdale, Phoenix, Chandler, Fountain Hills, Queen Creek, Apache Junction, Avondale and all other valley cities in Maricopa County, as well as throughout the State of Arizona. For more information on DUI defense strategies, penalties and potential MVD consequences, visit our DUI website here and contact the Firm for a free, no obligation consultation with a Board Certified Criminal Defense Attorney.

Have a happy and safe 4^th of July!

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Cinco de Mayo is one of the biggest drinking holidays of the year, and this year was no exception with the many festivities and celebrations across the Valley over the weekend. And of course, along with this comes an increase in DUI enforcement, and Law Enforcement agencies across the State established DUI checkpoints and increased patrols statewide. While traffic stops increased significantly, the AZ Governor’s Office of Highway Safety reported fewer DUI arrests over the 3-day period leading up to the Cinco de Mayo holiday this year. According to Albert Gutier, Director of the Office of Highway Safety, the reduced number of arrests can be attributed to ensuring people get the message about driving under the influence and many driver’s out on the roadways may have seen the large LED message signs that read “Drive Hammered Get Nailed” (azcentral.com). While final numbers have not yet been reported from all of the agencies across the state, it appears that the number of arrests has been decreasing and more people are relying on designated drivers or other alternatives to driving under the influence of alcohol.

If you were charged with any type of DUI violation – including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, DUI Drugs, or any other type of DUI, it is important to seek the advice of experienced legal counsel before making any decisions in your case. An experienced attorney will discuss your legal options with you and ensure you understand your rights, the criminal court process; the possible penalties associated with your charges, and discuss your legal options with you. The Firm handles both alcohol and drug related DUI charges in the East Valley, Phoenix, 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 is a Board Certified Criminal & DUI Specialist, having been certified by the State Bar of Arizona. He 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.

Visit our DUI website for additional information regarding DUI cases in Arizona and request your copy of ‘AZ DUI Criminal/Traffic Defense Strategies’ written by Attorney, Trent Buckallew.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

The Arizona Supreme Court ruled today that drivers with marijuana metabolites in their system cannot be prosecuted for DUI impairment under that basis alone. According to Arizona Revised Statutes §28-1381(A)(3), it is unlawful for a driver to be in actual physical control of a vehicle “While there is any drug defined in section [A.R.S.] §13-3401 or its metabolite in the person’s body.” The Court concluded that the phrase “its metabolite” does not include the metabolite of marijuana, Carboxy-Tetrahydrocannibinol (“Carboxy-THC”) – a non-impairing metabolite of Cannabis (aka marijuana), a proscribed drug listed in §13-3401.

After Arizona voters passed the medical marijuana initiative in 2010, legalizing the use of marijuana for medicinal purposes, individuals legally using marijuana were still exposed to criminal prosecution under the State’s interpretation of marijuana and its metabolite(s). The Court noted in its opinion that “…because § 28-1381(A)(3) does not require the State to prove that the marijuana was illegally ingested, prosecutors can charge legal users under the (A)(3) provision. Because Carboxy-THC can remain in the body for as many as twenty-eight to thirty days after ingestion, the State’s position suggests that a medical-marijuana user could face prosecution for driving any time nearly a month after they had legally ingested marijuana. Such a prohibition would apply even when the driver had no impairing substance in his or her body and notwithstanding the State’s ability to test both for THC, the primary substance that causes impairment, and Hydroxy-THC, the metabolite capable of causing impairment.”

The Court also concluded that the State’s interpretation of “metabolites” would expose individuals to “criminal liability” no matter how long the metabolite remained in a person’s system and whether or not it had any impairing effect. According to the Court’s Opinion, during oral arguments, the State acknowledged that “if a metabolite could be detected five years after ingesting a proscribed drug, a driver who tested positive for trace elements of a non-impairing substance could be prosecuted.”

If you have been charged with a marijuana related DUI – whether you have a medical marijuana card or not – this ruling could affect the outcome of your case. Contact the Firm today to determine whether this ruling is applicable to your case and to better understand your legal options.

The Firm handles all types of DUI cases, including both drug and/or alcohol related DUI cases – 1st Time DUI, Extreme DUI, Felony DUI, Accident/Injury related DUI, DUI involving Homicide and any other DUI case in the Phoenix area and statewide. Mr. Buckallew is a Board Certified Criminal Defense Attorney, having been certified by the State Bar of Arizona. He has extensive experience in DUI litigation and has represented countless individuals in both misdemeanor and felony courts throughout the course of his career.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Gilbert DUI – Is DUI Breath Evidence Reliable?

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 post, we will discuss a breath based DUI and the potential weaknesses inherent in this method of measuring blood alcohol levels in a person’s system.

Blood alcohol concentration, as measured by a breath analysis machine, is a complicated process where ethanol particles found in the breath of the person being tested absorbs infrared light produced inside the breath analysis machine. The resulting loss of light is measured to determine the amount of ethanol present in a given sample. In this sense, the machine uses an inverse relationship between the loss of light sharing a direct relationship to the amount of alcohol present in a given breath sample. In other words, the lower the light level present in the machine translates to more alcohol being present in the breath sample being analyzed. This amount is then converted to the level of alcohol thought to be present in the blood of the person being tested.

Breath alcohol machines (Intoxilyzer 5000 and 8000) utilize a constant blood-to-breath partition ratio of 2100 to 1. (See: Fitzgerald, E.F. Intoxication Test Evidence 2nd, §28.1, West Pub.: Eagan, MN 2004) This ratio is called the partition ratio and tracks a law of physics known as Henry’s Law. Scientific studies have called into question this 2100:1 ratio as being overly simplistic, and not a reliable indicator of the true blood-to-breath ratio of a given individual. In fact, published studies have shown a wide range of blood-to-breath ratios. Fitzgerald, citing Dubowski, has found that a normal range within the human population can vary from 1100:1 on the low end to as high as 3000:1. (See Fitzgerald, supra, at § 28.1) In other words, if a person’s true ratio is less than the 2100:1 ratio, which is pre-programmed into the machine, then the reported result will be higher than the true ethanol concentration found in the individual who is being tested.

In addition, to further complicate matters, much of this evidence is only admissible in an Arizona courtroom under certain conditions, principally to undermine the allegations of impairment presumptions contained in Arizona law. Thus, it is not only important to retain an attorney who understands the complexity of this science, but the attorney should be familiar with the manner in which it may become admissible during a DUI trial. There are other factors that can also undermine the reliability and accuracy of breath analysis machines including the following:

• Radio Frequency Interference (radio frequencies in the air, from cell phones and police radios, effecting the actual functioning of the machine during the test);

• Health conditions;

• Breathing patterns of the person being tested;

• Mouth alcohol (Residual alcohol in the mouth causing artificially inflated results);

• Acetone, acetaldehyde or other volatile compounds on the breath (As seen with people exposed to certain industrial compounds and people with certain health problems like Diabetes.);

• Stress of the person being tested;

• Testing during pre-elimination phase;

• Contaminated equipment;

• Individual core body temperature;

• Lack of linearity being established by the simplistic calibration method employed on a breath machine.

These are just some of the factors that may operate to undermine the validity of breath test results in your case. It is only a general overview of the issues you need to concern yourself with when investigating a breath based DUI case. You should seek out and retain a competent criminal defense attorney to assist you in determining which, if any, of the potential error sources discussed herein may be applicable to your individual case.

Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the Arizona State Bar, Board of Legal Specialization. This means that he has shown significant experience in criminal law, has demonstrated a high degree of professionalism, competence and integrity, and has met all other requirements and qualifications set forth by the AZ Board of Legal Specialization. Mr. Buckallew has handled countless DUI cases in Gilbert, including misdemeanor DUI charges in the Gilbert Municipal Court and the Highland Justice Justice Court, as well as felony DUI cases in the Maricopa County Superior Court. He has a proven track record of successfully resolving many of the DUI cases he has handled over the course of his career – ranging from acquittals after trial, dismissals, and reduction in charges.* Each case is unique and the Firm provides a free consultation to discuss your legal options. If you have been charged with a 1st Time DUI, Extreme DUI, Aggravated DUI, Underage DUI or any other DUI in Gilbert, AZ, contact the Firm to schedule a no obligation meeting with a Board Certified Criminal Defense Attorney.

Copyright © 2011 Trent R. Buckallew, Attorney at Law Excerpt from book entitled Arizona DUI/Criminal Traffic Defense Strategies written by Attorney Trent R. Buckallew The Law Offices of Trent R. Buckallew, PC Arizona Criminal Defense Attorney

*All cases are factually different and prior success on individual cases is not a guarantee of future outcomes. The firm cannot, and does not make any guarantees as to the outcome of your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.