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Arizona DUI & Criminal Defense Lawyer Blog

Articles Posted in DUI

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Cinco de Mayo is a national holiday in Mexico marking a momentous time in history and has become a day of celebration and festivities in our country as well, particularly in bordering states such as Arizona. Festivities include indulging in Mexican food, dancing, parades, and of course, enjoying Mexican beer. Because it has become a big drinking holiday, law enforcement increases their patrol efforts, including establishing DUI checkpoints throughout this holiday weekend. According to a recent news article (AZCentral.com 5/5/13) police made 274 DUI arrests this past weekend (not including Sunday night) as a result of a statewide Cinco de Mayo saturation patrol effort. Of these 274 arrests, there were 74 Extreme DUI arrests, 36 Aggravated DUI arrests, 35 people who had prior DUI arrests and the average blood-alcohol content (BAC) cited was 0.153 percent – almost twice the legal limit of 0.08 percent.

An individual is charged with Extreme DUI, which is a misdemeanor violation, when their BAC is 0.15 percent or higher. Click here to learn more about Extreme DUI charges and penalties. A person can be charged with Aggravated DUI, which is a felony violation, in instances where there is a minor child (under the age of 15) in the vehicle, if the person's driver's license was suspended/revoked at the time of the arrest, or if this is your third DUI in a period of 7 years. Click here to learn more about Aggravated DUI charges and penalties.

Law enforcement will continue to maintain increased patrols throughout the month of May, particularly over Memorial Day weekend and during high school and college graduations. According to Sgt. Tim Bulson of the Tempe Police Department DUI unit, "May is going to be a very busy month" and "We want to make sure that the streets are safe… ." Law enforcement agencies will continue their increased patrols, with additional funding through the highway safety office, during the summer months when kids are out of school, families are heading out to the lakes and camping, celebrating summer holidays, including the 4th of July and Labor Day, and enjoying backyard pool parties and barbecues. Remember to drink responsibly – have a (sober) designated driver or take a cab or the light rail.

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If an adult of legal drinking age permits children under the age of 21 to drink alcohol, this adult could be prosecuted under the 'social host laws', as outlined in the Arizona criminal code. This is a mandate which declares under A.R.S. § 4-241 (Q) that:

"A person who is of legal drinking age and who is an occupant of unlicensed premises is guilty of a class 1 misdemeanor if both of the following apply: 1. Such person knowingly allows a gathering on such unlicensed premises of two or more persons who are under the legal drinking age and who are neither:

(a) Members of the immediate family of such person.

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If you are involved in a DUI collision which results in a fatality of another individual, there are a few different statutes that you may be charged under, depending on the severity and nature of the incident. Depending on how you are charged, you could be facing anywhere between 1 and 22 years in prison for a vehicular homicide related offense.

Under Arizona law, DUI fatalities can be charged as negligent homicide, which can result in a range of up to 8 years in prison. This type of fatality could also result in manslaughter charges, which are punishable by 7 to 21 years in prison. Finally, under extreme circumstances, a person could be charged with second degree murder, resulting in anywhere between 10-22 years in prison, if convicted.

Arizona and North Dakota are the only two states that do not have a specific vehicular homicide charge which can be applied to situations regarding DUI drivers and fatalities. If you are involved in a vehicular manslaughter-type incident, it is advisable to seek advice from an experience Mesa DUI lawyer as these are very serious allegations with exposure to significant prison time, if convicted.

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Chandler DUI Drug Arrests

According to a recent article on AZCentral.com (by Jim Walsh), authorities claim more DUI arrests these days are attributed to drugs, not alcohol. As a result of this increase in drug related DUI cases, law enforcement agencies in Chandler and across the State of Arizona have increased the number of officers trained to recognize the symptoms of drug impairment over the last few decades, from just a few officers to the nearly 500 current DRE (Drug Recognition Expert) trained officers. According to statistics from the Governor’s Office of Highway Safety (GOHS), a 13% decrease in total DUI arrests was reported from 2011 to 2012, however; the number of DUI drug arrests increased by 12% during this time. This trend in drug-related DUI arrests was highlighted over the recent holidays between Thanksgiving and the New Year, with Mesa officers participating in the East Valley DUI Task Force, making 540 DUI arrests, of which 344 (63%) were for drug-related DUIs. According to southeast valley law enforcement agencies – including Mesa, Chandler, Gilbert, Tempe, Scottsdale, Phoenix and Maricopa County Sheriff’s Office – officers are seeing a growing trend of drug-related DUI’s. These include cases involving prescription-drugs, like painkillers or muscle relaxers, sometimes mixed with alcohol, as well as synthetic drugs, such as spice and bath salts. Officers say they are trained to look for various symptoms of drug use, including bloodshot or watery eyes, odors of drugs (such as marijuana), slow or slurred speech, and they also consider other factors, such as driving behavior prior to the stop.

What is unclear in these statistics is whether the number of drug related DUI arrests is on the rise as a result of more drivers impaired by drugs or a reflection of the significant increase in the number of officers now trained to identify drug impairment. Regardless of what this increase is attributed to, criminal defense attorneys are likewise seeing more cases involving drug related DUIs, and need to be well versed in the unique differences between alcohol and drug related DUI cases when investigating and litigating these types of cases. While there can be any number of possible defenses in a DUI Drug impairment case, one of the more common defenses might include – the individual was NOT under the influence of drugs, among many other possible defenses. The penalties for a drug based DUI track the penalties of alcohol based DUI’s with one notable exception. If you are convicted for a drug based DUI, the minimum driver’s license revocation period is 1 full year for a misdemeanor offense and 3 years for a felony offense. A drug based DUI presents its own unique challenges and you should seek out a criminal defense attorney knowledgeable in this complex area of DUI litigation.

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"Get a DD…Not a DUI" is the message being touted by the Arizona Governor's Office of Highway Safety (GOHS) as well as other AZ Law Enforcement agencies, to encourage people to use sober designated driver's when consuming alcohol. The holidays are a time for celebration and the week between Christmas and New Year's Eve is considered one of "the most intense weeks" of the year, according to law enforcement. Agencies increase their patrols considerably during the holidays and over 70 agencies participate, forming 12 organized DUI Task Forces across the state in an effort to reduce the number of DUI arrests. Arizona law enforcement agencies prefer employing saturated patrols in targeted areas rather then setting up the typical DUI checkpoints. According to Alberto Gutier, Director of GOHS, "The message that we're trying to get out there is that we're everywhere." According to AZ law enforcement DUI arrest data, DUI arrests are up between 2011 and 2012, with Extreme DUI arrests rising from 788 in 2011 to 888 in 2012. Individuals are charged with Extreme DUI if their blood alcohol content (BAC) is measured at greater than .150 percent. Law enforcement officers are trying to get the message out there to either have a designated driver, call a cab, or ask a friend or family member to pick you up if you have consumed alcohol.

Check out our website for more information regarding DUI charges, Extreme DUI charges, Super Extreme DUI charges, Aggravated DUI charges, Underage DUI charges, and associated penalties if convicted of a DUI charge.

If you have been charged with a DUI, contact the Firm for a free consultation regarding your case. We handle all types of DUI and criminal charges throughout the Valley and Statewide. The Firm has a reputation for zealously representing each and every client and a proven track record of success.

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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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Queen Creek is a small town situated in southeast Maricopa County, with the southern part of town overlapping into Pinal County. The town is a unique mix of housing sub-divisions, homes on acreage, farmers and ranchers, and despite its growth, Queen Creek still has that rural feel about it. The San Tan Mountains lie to the south of Queen Creek and offer plenty of recreational activities including hiking, biking, camping and the like. Queen Creek is also home to the only working olive farm and mill in the State of Arizona – Queen Creek Olive Mill, where visitors can tour the olive mill, stroll through the olive groves, enjoy casual dining, and purchase a variety of olive oils and other unique gifts. Schnepf Farms is another longtime local fixture in the town of Queen Creek, where visitors can dine at the bakery, enjoy a hayride, tour the farm, go veggie picking, visit the museum, and much more. Given its small town feel, abundance of recreational activities, and easy commute to Phoenix and other valley cities, Queen Creek has become one of the "best kept secrets" in Arizona.

The Town of Queen Creek contracts with the Maricopa County Sheriff's Office (MCSO) to provide law enforcement services to the town as well as the unincorporated areas surrounding the town. If you are cited with a DUI in the Town of Queen Creek or surrounding unincorporated county islands, your case will likely be handled in the San Tan Justice Court, if you are being charged with a misdemeanor DUI. Felony DUI charges are generally filed in the Maricopa County Superior Court. The southern portion of Queen Creek, which overlaps into Pinal County, is patrolled by Pinal County Sheriff's Office (PCSO). If you were cited for DUI by PCSO, your case will likely be under the jurisdiction of one of the Pinal County Justice Courts, if it is a misdemeanor DUI, or Pinal County Superior Court if it is a felony Aggravated DUI charge.

The Firm has represented countless individuals who have been charged with DUI in Queen Creek, either by MCSO or PCSO, ranging from simple misdemeanor 1st Time DUI charges to very serious felony Aggravated DUI cases. Mr. Buckallew is committed to the defense of individuals charged with a DUI, or any other criminal charge, and focuses his scope of representation on matters involving DUI and criminal litigation, including (but not limited to) allegations of 1st Time DUI, Extreme DUI, Drug-Related DUI, Aggravated DUI, Underage DUI, Minor in Possession, Minor in Consumption and DUI's involving serious injury or death. He has a proven track record of successfully resolving countless DUI cases over the course of his career. Mr. Buckallew has recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

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The Apache Junction Justice Court is in Pinal County and located at 575 North Idaho Road, in Apache Junction, AZ. This court covers the San Tan Valley, Gold Canyon and Apache Junction. According to the court's website, the Apache Junction Justice Court ranks at number 17 out of 80 Justice Courts in Arizona for total case filings in 2011. There were just over 2,000 misdemeanor case filings, which included 410 DUI case filings, 76 serious traffic case filings and a variety of other non-DUI criminal filings. There were also close to 700 Orders of Protection and Injunctions against Harassment filed last year.

If you have been issued a misdemeanor DUI or criminal traffic citation or received a summons by mail for a misdemeanor incident occurring in the San Tan Valley, Gold Canyon, or Apache Junction, you will most likely be required to appear in Apache Junction Justice Court.

The Firm represents individuals charged with any criminal violation in the Apache Junction Justice Court, including (but not limited to), 1st Time DUI, Extreme DUI, Disorderly Conduct, Domestic Violence, Assault, Drug Crimes, Juvenile Crimes, Theft, Shoplifting, Contributing to the Delinquency of a Minor, Furnishing Alcohol to a Minor, Probation Violation, Interfering with Judicial Proceedings, and any other criminal charge.

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If you were arrested for allegations of driving under the influence (DUI) by the Gilbert Police Department, you were likely cited into the Gilbert Municipal Court, if you were charged with misdemeanor DUI violation(s). There are certain circumstances when a DUI can be charged as a felony, and if that is the case, you will most likely be appearing in the Maricopa County Superior Court. DUI charges are typically considered misdemeanor charges unless there are certain 'aggravating' factors being considered in your case, such as, driving on a suspended/restricted/revoked driver's license at the time of the DUI; driving with a minor child (under the age of 15) at the time of the DUI stop; or if this is your 3rd DUI within a period of 84 months. If you have been charged with any type of DUI violation by the Gilbert Police Department, contact a Gilbert DUI Lawyer for a free evaluation of your case. The Firm handles ANY criminal or DUI charge in the Gilbert Municipal Court, the Maricopa County Superior Court, or any other criminal court in the State of Arizona. Mr. Buckallew has a reputation for zealously defending his clients and has extensive experience from many years of practice as a criminal defense lawyer. He fights tirelessly on behalf of each individual client in order to achieve the best outcome possible in each and every case, as evidenced by the results he has achieved on behalf of his clients over the years.

The Gilbert Municipal Court is located at 55 East Civic Center Drive, just south of downtown Gilbert. The Court handles civil/criminal traffic (such as criminal speed, reckless driving and driving on a suspended license) and criminal misdemeanor violations (such DUI/DWI charges, disorderly conduct, assault, domestic violence and drug crimes), city ordinance and code violations, petty offenses, probation violations, protective orders and search warrants. The Firm frequently handles cases in the Gilbert Municipal Court and has had good success in resolving numerous cases in this Court.

Mr. Buckallew has extensive experience in resolving DUI cases, ranging from simple 1st Time Misdemeanor DUI cases to very serious and complex Felony Aggravated DUI cases. He dedicates his practice to the defense of Criminal and DUI cases and is committed to zealously representing each and every client to ensure cases are resolved under the best terms possible. Mr. Buckallew has had a wide range of victories in DUI cases, including trial acquittals, dismissals (on defense motions), reduction in charges, and other favorable outcomes. Mr. Buckallew was recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012. He belongs to many professional DUI and Criminal Defense organizations, such at the National College for DUI Defense, in order to keep informed of changing laws and best practices in the industry. We encourage you to arrange a time to meet with the attorney to discuss your legal options and determine the best course of action in resolving your DUI case.

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If you have been arrested by the Chandler Police Department and cited into the Chandler Municipal Court, contact a Chandler DUI Lawyer for a free evaluation of your case. The Firm handles ANY criminal or DUI charge in the Chandler Municipal Court and throughout the State of Arizona, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Under 21 DUI, DUI-Drugs, and any other alcohol or drug related violations. Mr. Buckallew has a reputation for zealously defending his clients and has extensive experience from many years of practice as a DUI and criminal defense lawyer. He fights tirelessly on behalf of each individual client in order to achieve the best outcome possible in each and every case, as evidenced by the results he has achieved on behalf of his clients over the years.

The Chandler Municipal Court is located at 200 East Chicago Street, in downtown Chandler, just east of Chandler City Hall. The Court handles civil traffic and criminal misdemeanor violations, including DUI/DWI charges, city ordinance and code violations, petty offenses, probation violations, protective orders and search warrants.

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