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.

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.

(b) Permanently residing with such person.

2. Such person knows or should know that one or more of the persons under the legal drinking age is in possession of or consuming spirituous liquor on the unlicensed premises.”

For example, if you host a Sweet 16 birthday party for your daughter, and allow her and her (underage) friends to consume alcoholic cocktails as part of the festivities, you can be held criminally responsible if any of those teenagers are investigated by the police for underage drinking. Under Arizona’s ‘Zero Tolerance’ law, it is illegal for any underage child to have any trace of alcohol in his or her blood, even if it is only 0.01%.

In order to be convicted under a social host law, the prosecution will need to prove that you either furnished the underage drinkers with alcohol or were aware of the fact that they had obtained alcohol and were consuming it. The social host law also applies to drugs in many circumstances. Whether you were arrested for Underage Drinking, or are a parent or adult who was arrested under the social host law – Furnishing Alcohol to a Minor, it is advisable to seek the advice and counsel of a Mesa DUI Attorney before making any decisions in your case. Attorney Trent Buckallew is experienced in defending all types of alcohol related crimes, including Underage Drinking, Furnishing Alcohol to a Minor, Minor in Consumption, Minor in Possession, and Underage DUI just to name a few. With his primary office in Mesa, Mr. Buckallew handles cases throughout the East Valley and Statewide.

Contact the Law Offices of Trent R. Buckallew, P.C. today to schedule a free consultation if you have any alcohol related or other criminal violations pending.

**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.

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.

If you were charged with a DUI-Drugs case in Chandler, this Firm can help whether your case is in the Chandler Municipal Court or the San Tan Regional Justice Center in Chandler. The Firm has defended countless DUI cases and will fight vigorously on behalf of each and every client.

**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.

“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.

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 3^rd 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.

Please visit our DUI Website for additional information regarding DUI Defense. We can also be found on Facebook, LinkedIn, Twitter and Avvo.

**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.

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 your case was filed in Maricopa County Superior Court, or any other County Superior Court, then it is likely being charged as a felony. Misdemeanor DUI cases are generally filed in City/Municipal Courts or Justice Courts. The primary factors in felony Aggravated DUI charges include:

• Driving on a restricted, suspended, or revoked license at the time of the DUI (Class 4 Felony)
• Driving with a minor child (under the age of 15) in the car at the time of the DUI (Class 6 Felony)
• Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months (Class 4 Felony)
• Driving under the influence while under court order to equip your vehicle with an ignition interlock device (Class 4 Felony)

While misdemeanor DUI charges are not taken lightly in Arizona, Aggravated DUI cases are considerably more serious and as such, result in much harsher penalties. The jail or prison terms follow the statutory requirements for Misdemeanor DUI charges – regular DUI, Extreme DUI and Super Extreme DUI, and with no prior felony convictions, the range for an Aggravated DUI (Class 6 Felony) with a minor child in the car is a minimum of 1 day in jail up to a maximum of 2 years in the Arizona Department of Corrections (DOC). Additionally, the court fees and fines are nearly $5,000, 1-year license revocation (with possibility for restricted driving), up to 10 years’ probation (plus probation fees), alcohol/drug screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 1-2 year ignition interlock – depending on BAC level (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable). The jail or prison term for an Aggravated DUI (Class 4 Felony) with noprior 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 DOC. 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/drug screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 2-years ignition interlock device (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable).

Given the serious, costly, and long-term impact of a felony Aggravated DUI conviction, it is critical to seek the advice of experienced DUI defense counsel before making any decisions in your case. Mr. Buckallew has extensive experience litigating DUI cases, including very serious and complex felony DUI charges, and has a proven track record of successfully resolving countless DUI cases over the course of his career. The Firm handles cases in Scottsdale, Tempe, Gilbert, Mesa, surrounding East Valley Cities, Phoenix, West Valley Cities, throughout Maricopa County and Statewide.

Contact the Firm today for a free evaluation of your felony Aggravated DUI or any other criminal or 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.

If you have been charged with a DUI in the City of Scottsdale, or surrounding areas, it is important to seek the advice of an experienced Scottsdale DUI attorney as soon as possible after being stopped by law enforcement. By doing so, your attorney can guide you through the arrest process and help ensure your rights are protected, including your right to secure an independent alcohol test. As part of its DUI investigation, a police officer may conduct various tests to determine impairment, including field sobriety testing (FST) as well as utilizing a portable breath machine on scene to measure your blood alcohol content (BAC). It is important to understand that if you are arrested for DUI/DWI, you have the right to secure your own independent alcohol test and the police must make reasonable efforts to facilitate this request. While the state has no obligation to gather evidence for a suspect, it must allow a fair opportunity for the suspect to gather potentially exculpatory evidence and to affirmatively advise the suspect of their right to do so in cases where the police are not obtaining a blood sample by way of implied consent. Keep in mind, if you are going to get an independent sample (at a nearby hospital or doctor’s office), you will need to get this done as soon as possible after your arrest, and at your own expense. As with most decisions that will need to be made during the course of your DUI court proceedings, there are benefits and challenges to requesting an independent blood test and it is ideal to consult with an attorney prior to making this and other decisions regarding your DUI case.

A DUI conviction can result in significant consequences, including steep fees and fines, possible incarceration, probation, ignition interlock requirements, alcohol treatment classes and other long lasting consequences, including a criminal record and the potential for increased insurance rates. Other challenges an individual may face as a result of a DUI arrest may include loss of driving privileges for a certain amount of time which can cause significant hardship to those who rely on transportation for commuting to and from work, school or fulfilling other obligations in life. DUI litigation is a complex area of law and there are many different aspects an attorney will want to address when challenging state’s evidence, which can include the police report, results from any field sobriety testing (FST) that may have been performed during the DUI investigation, and also the results of any bodily fluids (such as blood or urine) that may have been taken to determine blood alcohol content (BAC) levels. Attorney Trent Buckallew has significant experience in litigating DUI matters in the City of Scottsdale and throughout the State of Arizona, from First Time DUI’s to very serious and complex Aggravated DUI cases. He has a proven track record of success and a reputation for vigorously defending each and every client in court. To keep well informed of the complex area of DUI law, Mr. Buckallew also belongs to many professional DUI organizations such as the National College for DUI Defense, and has also recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

Contact the firm today for a free case evaluation if you or a loved one has been charge with DUI in the City of Scottsdale, or surrounding areas.

**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.

With Cinco de Mayo being one of the biggest drinking holidays of the year, the DUI Task Force conducted a statewide enforcement effort over the weekend, setting up checkpoints in the East Valley, West Valley and other points statewide. This DUI Task Force campaign resulted in 433 DUI related arrests. Of those, 134 were for extreme DUI, which is twice the legal limit, and more than 50 people were booked for drug-related DUI’s. (Fox 10 News)

The Firm handles both alcohol and drug-related DUI charges in the East Valley, 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 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 free 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.

Underage Drinking Arrests at Country Thunder

Country Thunder is an annual event held at Canyon Moon Ranch just east of Florence (Pinal County) – centrally located between Phoenix and Tucson. According to local news outlets (CBS5/AP), 189 people were arrested at this month’s Country Thunder music festival for underage drinking-related crimes. The Arizona Department of Liquor Licenses and Control officers worked with local law enforcement during the 4 day event as a result of ongoing problems at this event in years past. According to Liquor Control officers, many of the arrested underage drinkers had blood-alcohol levels more than twice the legal limit of .08 percent and the youngest person arrested was 15 years old. The violations for those arrested included, minor in possession of alcohol, using a fake ID to buy alcohol, or furnishing alcohol to a minor.

If you were arrested by the AZ Dept. of Liquor License/Control, Pinal County Sheriff’s Office (PCSO), Florence Police Department, or any other agency during Country Thunder, contact the Firm to arrange a free consultation regarding your case. Depending on the agency you were arrested by, your case will likely be heard in the Florence Justice Court – Precinct 1 in Florence, AZ. 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 Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct 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 has a reputation for zealously representing each client and has a proven track record in successfully resolving cases. 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.

Criminal Charges in Phoenix, AZ

If you have been arrested by the Phoenix Police Department and cited into the Phoenix Municipal Court, contact a Phoenix Criminal Defense Lawyer for a free evaluation of your case. The Firm handles ANY criminal charge in the Phoenix Municipal Court and throughout 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 Phoenix Municipal Court is located at 300 West Washington Street, in downtown Phoenix, just west of Phoenix 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. According to their website, the Phoenix Municipal Court is the State’s largest limited jurisdiction court, is among the top ten busiest municipal courts in the U.S. and processes an average of 80,000 criminal charges annually, including DUI/DWI filings.

How do I choose a good criminal defense attorney?

You always have the right to hire an attorney of your choosing. Selecting the right criminal defense attorney can seem overwhelming and it is important to do some research in order to find the attorney who is right for you. Here are a few things to consider before selecting a good criminal defense lawyer:

1. Determine the attorney’s qualifications, experience, what types of criminal cases he/she has handled and outcomes he/she has achieved in cases similar to yours.
2. Find out what percentage of his/her practice concentrates in the area of criminal defense (i.e. does the attorney’s practice focus primarily on criminal defense or does the attorney handle multiple areas of practice such as bankruptcy, family law, criminal defense, personal injury, etc.).
3. Ask the attorney whether he/she has made appearances in the jurisdiction your case is being heard and what the attorney’s experience has been in that particular court.
4. Find out what legal organizations the attorney belongs to (i.e. National College for DUI Defense-NCDD, National Association of Criminal Defense Lawyers-NACDL, etc.). If he/she belongs to these types of criminal defense and DUI related organizations, it is a good indication that this attorney is dedicated to the practice of criminal defense and it is much more than just a passing interest.
5. Find out whether you will be paying a flat fee, hourly fee, or contingency fee and whether these fees include representation at trial.
6. Find out who will be handling your case. If you hire a solo practice attorney, this attorney will likely be handling your case solely from start to finish. With larger firms, you may have more than one attorney handling your case and appearing at court hearings with you. An advantage to smaller (or solo) firms is that you may pay less due to lower overhead, versus larger firms who likely have higher operating costs.
7. Last but not least, meet with the attorney to determine whether you feel confident in his/her experience and feel comfortable with his/her analysis of your case, as you will be working together closely over the next several months to achieve resolution to your case. Most attorneys offer a free initial consultation.

Many attorneys have websites, blogs, Facebook pages, LinkedIn profiles and Twitter pages, as well as listings with online directories such as Avvo.com and lawyers.com. These are great places to learn more about the attorney you are considering hiring.

**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 Firm represents individuals charged with any misdemeanor violation in the Chandler Municipal Court — including, DUI/DWI, Assault, Disorderly Conduct, Criminal Damage, Criminal Traffic Violations such as Aggressive Driving or Reckless Driving, Domestic Violence, Drug Violations, Endangerment, Interfering with Judicial Proceedings/Violation of Restraining Order, Order of Protection, Juvenile Crimes, Shoplifting, Theft, Threatening or Intimidating, Underage Drinking and all other misdemeanor violations. The Firm also handles appeals. A class 1 misdemeanor in Arizona carries a maximum penalty of up to 6 months in jail and $2,500 fine (plus surcharges).

If you have been issued a criminal traffic citation or received a summons by mail in the City of Chandler, you will be required to appear in court for your Arraignment hearing. A failure to appear in court on your Arraignment date, or any other criminal court date could result in a warrant for your arrest and trial could also proceed in your absence. What can you expect at your Arraignment hearing? At this hearing, you will enter one of three pleas to the charges you are facing, 1) a plea of Not Guilty, 2) a plea of Guilty, or 3) a plea of No Contest. It is critical to seek the advice of counsel and understand the consequences of each of these plea options before making any decisions. Depending on how you plea to the court will determine the next steps in your case.

If you enter of plea of Guilty or a plea of No Contest, the next step will be sentencing which may result in a criminal record, fees and fines, jail and/or probation, possible DMV consequences, possible immigration consequences and required classes, such as alcohol, anger management or other types of classes. Before making these decisions, it is advisable to seek the advice of counsel to understand your rights and legal options.

If you enter a plea of Not Guilty, the Court will set your case for a Pre-Trial Conference hearing. At the Pre-Trial Conference hearing, you and your attorney will have an opportunity to discuss your case with the assigned prosecutor, obtain copies of the discovery, which could include the complaint, police report, witness statements, photographs, audio/video recordings, blood/urine/breath results, and any other evidence the prosecutor will use to prove their case against you in court. If you and your attorney are able to negotiate an acceptable plea resolution at this time then your case will be set for a change of plea and sentencing. However, if the parties are unable to reach agreement on acceptable terms for case resolution, your case may then be set for a bench or jury trial. Whether you are eligible for a jury trial will depend on what type of charges you have pending. Your attorney will be able to advise whether or not your case is eligible for a jury trial. This Firm has handled countless misdemeanor cases and has achieved favorable outcomes in these types of cases, ranging from full dismissal of charges, to acquittal after bench or jury trials, to settling the case to a reduced charged. Every case presents with a unique set of circumstances and no guarantees can be made as to the outcome of your case. The attorney has a reputation for zealously defending each of his clients and will launch an aggressive defense on your behalf.

Diversion Programs – some offenses may be eligible for a diversion program, which is an alternate resolution to the case, usually resulting in dismissal of charges if all program requirements (such as counseling, substance abuse treatment, educational workshops and community work service) are satisfactorily completed.

In the event you are found guilty at trial, you have to right to appeal your conviction but be sure to pay close attention to your appeal deadlines which will be provided to you by the sentencing Judge. You have fourteen days from the date of sentencing to file your Notice of Appeal with the Chandler Municipal Court. The Firm also handles appeals for convictions in the Chandler Municipal Court so contact the Firm for a free consultation regarding your appeal rights, including petitions for post-conviction relief (PCR), special actions, claims of ineffective assistance of counsel, and petitions for clemency.

If you have been charged with any misdemeanor violation in the Chandler Municipal Court, contact the office at (602) 825-3300 for a free case evaluation.

The Firm handles all types of DUI cases, including felony, misdemeanor, alcohol and drug related charges throughout the State of Arizona. Contact the Firm today for a free initial consultation regarding your case.

• You have the right to remain silent and refuse to answer questions.
• Anything you say may be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
• If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.

Whether you are in custody, or out of custody, it is important to understand that you should not speak with anyone about your case except your attorney. This is especially true if you are in custody, as all of your communications can be monitored, especially communications on jail telephones. Communications with your attorney are protected and privileged, including communications over the jail telephones. Therefore, do not communicate with anybody about your case other than your attorney. This applies to individuals who are in custody and out of custody.

For more information regarding the Miranda warning and whether this can be raised as a possible defense in your case, contact the Firm to speak with a Board Certified Criminal Defense Attorney.