DUI Defense Attorney

Published on: December 31, 2014

Phoenix New Year’s Eve DUI

By Law Offices of Trent R. Buckallew, PC

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.

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Published on: May 21, 2013

NTSB Recommends Lowering DUI BAC Limit

By Law Offices of Trent R. Buckallew, PC

Under current Arizona law, drivers with a blood-alcohol content above 0.08% can be arrested for a DUI violation. Drivers with a BAC less than 0.08% can be charged with impairment, and in Arizona, we have a 'zero tolerance' law for anyone under the age of 21. Underage drivers can be charged with a drinking violation if any trace of alcohol is found in their system. The BAC limit for commercial drivers is 0.04%. The National Transportation Safety Board (NTSB) believes that it would benefit the public if states lowered the drinking threshold to 0.05% BAC. According to their studies, the NTSB believes that a lower threshold could save as many as 1,000 lives per year.

Some critics say that a 0.05% limit would mean that individuals would be at risk for a DUI arrest after only one glass of wine at dinner. After two glasses, the average male would be almost certain to receive a DUI charge if arrested while behind the wheel. Critics also say that the limit would unneccesarily criminalize social drinking and the American Beverage Association says that it may discourage individuals from ordering alcohol at restaurants and bars over the weekend.

Still, the NTSB argues that an average of 10,000 people die in alcohol-related crashes every year. The NTSB is petitioning the federal government to consider lowering the drinking limit in order to encourage less alcohol-consumption and keep intoxicated drivers off the street. If the BAC limit is lowered, it will undoubtedly lead to more arrests. If DUI laws are changed in the State of Arizona, individuals will need to understand how these changes will impact them and make appropriate adjustments in order to avoid DUI charges. If you need a lawyer for a DUI case in Mesa, Arizona, then you need to call The Law Offices of Trent R. Buckallew today for more information. Call (480) 630-2480 today for assistance in your case.

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Published on: March 7, 2013

Can you be Charged with Vehicular Homicide in Arizona?

By Law Offices of Trent R. Buckallew, PC

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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Published on: September 15, 2012

Hiring a Chandler DUI Attorney

By Law Offices of Trent R. Buckallew, PC

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.

How do I choose a good DUI Lawyer?

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Published on: May 30, 2012

Memorial Day Weekend DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to recent reports by the AZ Republic, police made nearly 550 arrests of suspected drunken drivers over this past holiday weekend. The state's DUI Task Force had over 1,800 officers from many agencies working DUI checkpoints across the state, including the East Valley DUI Task Force and law enforcement officers from Mesa Police, Chandler Police, Gilbert Police, Phoenix Police, ASU Police, Department of Public Safety (DPS), and Maricopa County Sheriff's Office (MCSO). Of those arrested, 148 were charged with Extreme DUI (BAC of 0.15 or more) and 19 were charged with Underage Drinking. In addition to DUI enforcement, law enforcement agencies across the valley are also looking to raise awareness about seat belt use, and the "Buckle Up Arizona …. It's The Law" campaign includes police departments from Phoenix, Glendale, Goodyear, Peoria, Buckeye and the Maricopa County Sheriff's Office (MCSO). These efforts will run through June 3^rd and authorities aim to increase awareness about seat belt use and not drinking and driving.

If you were charged with DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, Minor in Consumption, Minor in Possession, or any other alcohol related violation, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with DUI related charges can include jail time, significant fees/fines, community work service, alcohol classes and treatment, license suspension, interlock ignition requirements and other long lasting consequences.

Mr. Buckallew is not only experienced in DUI and criminal defense, with extensive trial experience, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence inherent in DUI cases. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. The attorney will conduct a thorough investigation of the discovery in your case, including police reports, blood/breath/urine tests, field sobriety tests, witness statements, photographs, audio/video recordings, and any other evidence the state plans to present. Through the course of his investigation, the attorney will identify any potential legal, factual or procedural weaknesses or any constitutional violations in the case and determine the best course of action in resolving the case under the most favorable terms possible. Every case presents with a unique set of facts and you should consult with an experienced attorney to determine how best to proceed in your case.

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