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.

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.

Tempe DUI Defense

If you have been arrested for DUI in Tempe, contact a Board Certified Criminal Law Specialist to discuss your rights and legal options before making any decisions in your case. DUI litigation is a complex area of law and there are many variations of DUI related charges. While a first time DUI is usually charged as a misdemeanor, certain factors can also result in a DUI case being charged as a felony. DUI’s are commonly thought of as alcohol related offenses, but a DUI can also occur when drugs are involved as well. The type of DUI a person is charged with will determine what the penalties will be if convicted. As mentioned earlier, while many DUI cases are charged as misdemeanors, the range of penalties vary, depending on blood alcohol levels, prior DUI history, and other factors. This is also true for felony DUI cases – the penalties are considerably harsher the more serious the allegations are as well as other factors such as whether the case involved a vehicle collision, or resulted in serious injury or death of another person.

Felony DUI

A person can be found guilty of an Aggravated DUI (felony) if the person commits a violation as defined under § 28-1381 or Extreme/Super DUI as defined under § 28-1382 while the person’s privilege to drive is suspended, canceled, or revoked. Alternatively, a person can be charged with Aggravated DUI if a person commits a third DUI within a period of eighty-four months. Additionally, a person can be charged with Aggravated DUI if a person commits a DUI while having a child less than 15 years of age in the vehicle. Finally, a person can be charged with Aggravated DUI if they commit a DUI while being required to maintain an ignition interlock device. The maximum penalty for a first time Aggravated DUI can include: Incarceration in the Arizona Department of Corrections for 3.75 years, 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 minimum mandatory 4 months in the Arizona Department of Corrections, up to 10 years of probation, 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. If you have been charged with Aggravated DUI, it is critical to hire an attorney who understands the complexities of the felony DUI laws in Arizona, as well as an attorney who understands the complex science involved in these types of cases. Mr. Buckallew is well versed in both criminal litigation, having earned his law degree in 1999, as well as understanding the scientific evidence inherent in DUI Defense, having earned a Master’s in Forensic Science degree in 2004.

DUI-Drugs

An individual can be prosecuted under the DUI statutes without having any alcohol in their system. If a person is impaired by any drug, or has any amount of an illicit drug in their system, they can be prosecuted under the Arizona DUI statutes. The penalties for a drug based DUI track the penalties of the various alcohol related 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. Therefore, you should seek out and retain a criminal defense attorney knowledgeable in this complex area of DUI litigation.

If you have been charged with a DUI related offense in Tempe, AZ, including any misdemeanor or felony drug or alcohol related DUI, including 1st Time DUI, Underage DUI, Extreme DUI, Felony DUI, DUI Involving Injury or Death, or any other DUI related case, this Firm can help. Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the Arizona State Bar, Board of Legal Specialization which means he has proven significant experience in the practice of Criminal and DUI Defense. He focuses his practice primarily on criminal and DUI defense and belongs to many professional organizations, including the National 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.

Please contact the Firm today for a free consultation regarding any pending DUI case in Tempe or 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.

According to a recent report in The State Press (8/21/13), Tempe police officers began increasing their patrols with the start of the fall semester at ASU. They have launched a task force – Operation Safe and Sober – which will include saturation patrols around campus and surrounding areas in Tempe, beginning August 15 and continuing through the end of the month. Tempe police officers will be on the lookout for minors consuming alcohol, driver’s under the influence of alcohol (or drugs), out-of-control parties and other related criminal violations. Their goal is to try and send a message to students early in the school year in an effort to help alleviate potential trends in these types of activities. The Tempe Police Department will also be working the night DUI task force with officers from other agencies, including MCSO, Scottsdale PD, Gilbert PD, Mesa PD and ASU PD. In addition to DUI and party patrols, officers will also focus on traffic violations, aimed primarily at pedestrians and bicyclists. While warnings will be issued during the first week of school for traffic violations, officers will begin strict enforcement of alcohol related violations right away.

Since the launch of Operation Safe and Sober, Tempe PD reported 371 arrests during the first week and another 486 arrests during week two of the campaign. Of the 371 arrests during the first week, there were 111 Minor in Possession of Alcohol arrests, 91 DUI arrests, 17 Extreme DUI arrests, 14 DUI-Drugs arrests, 6 Underage DUI arrests, 2 Aggravated DUI arrests and 54 calls for loud parties, among other various arrests. Arrests during the second week of the campaign include 208 for Minors in Possession of Alcohol, 85 for DUI, 68 calls for loud parties, and 14 for Minors, under the age of 18, in possession of alcohol.

Tempe PD has also incorporated an educational facet to this campaign and has been talking with students regarding alcohol, laws and safety measures.

If you have been charged with any type of crime, the Firm is experienced in representing ASU students who have been charged with all types of crimes, including Minor in Possession of Alcohol, Underage DUI, Drug related charges, Disorderly Conduct charges and countless other related criminal violations. If you were cited by ASU PD or Tempe PD, you will likely be appearing in the Tempe Municipal Court in downtown Tempe, or the University Lakes Justice Court in Chandler. Mr. Buckallew has handled countless cases in both of these courts and has a track record of successfully resolving many of these cases. Mr. Buckallew is a Board Certified Specialist in Criminal Law, which means that he has proven experience in criminal law and has met the rigorous requirements to qualify for this certification by the State Bar of Arizona.

Contact the Firm today to arrange a free consultation regarding any pending criminal case in Tempe, or throughout the Phoenix area.

**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.

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?

You always have the right to hire an attorney of your choosing. Selecting the right DUI 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 DUI lawyer:

1. Determine the attorney’s qualifications, experience, what types of DUI 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 DUI and criminal defense (i.e. does the attorney’s practice focus primarily on DUI and criminal defense or does the attorney handle multiple areas of practice such bankruptcy, family law, DUI and 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 of 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 DUI and 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, expert witness expenses, blood re-testing costs, etc.
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 costs, versus larger firms who have larger overhead (such as advertising costs, payroll, and office space).
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 and Twitter accounts and 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.

Contact the Firm today for a free evaluation of your Chandler 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.

Law enforcement agencies across the Valley and throughout the State of Arizona partnered up for their annual DUI Task Force operations and conducted saturation patrols and checkpoints, enforcing DUI and other traffic laws over this past Labor Day weekend. As in years past, officers made thousands of traffic stops – more than 11,000 – and nabbed several hundred driver’s for DUI, although, the final numbers represent fewer arrests than in previous years.

According to reports from the Governor’s Office of Highway Safety, officers made a total of 564 DUI arrests – 60 of those arrests were for Aggravated DUI with 37 of those due to prior arrest records, and the remaining Aggravated DUI arrests resulted from either driving on a suspended/restricted/revoked driver’s license or driving with a minor child (under the age of 15) in the car. An Aggravated DUI is classified as a felony, and can be charged as either a Class 4 Felony (if for example, this was a 3^rd DUI or a license issue) or a Class 6 Felony (if for example, there was a minor child in the car).

The remaining 504 DUI arrests were cited as Misdemeanor DUI charges, with 170 arrests for Extreme DUI, meaning that the driver’s blood alcohol content (BAC) was 0.15 or higher. Another 41 arrests were for Under 21 DUI (Underage DUI), and 154 Under 21 Liquor Violations – likely Minor in Consumption, Minor in Possession or Underage Drinking violations. There were also 92 DUI Drug arrests, which involve having any narcotics drugs, illegally obtained prescription medications, marijuana, or any other prohibited substances or their metabolites in your system.

The minimum penalties for a 1st Time Misdemeanor DUI conviction may include 10 days in jail (9 may be suspended), approximately $1,500 in court fees and fines, probation (plus monthly probation fees), community work service, alcohol / drug screening and classes (plus cost of screening/classes), ignition interlock device (up to 1 year plus the cost to rent the device), potential for increased insurance rates, a criminal record, and other possible consequences. These penalties increase if you are convicted of an Extreme DUI, Super Extreme DUI or a DUI with priors.

The minimum penalties for Aggravated DUI (Class 6 Felony/no priors) can include 10 days in jail (9 may be suspended), approximately $4,700 in court fees and fines, up to 10 years of probation (plus monthly probation fees), a felony conviction on your record, and other penalties associated with misdemeanor DUI convictions.

If you have been charged with any type of alcohol or drug related DUI charge, this Firm can help. There are many possible defenses for DUI cases, including Procedural Defenses — such as illegal stop, illegal detention, illegal arrest, and/or illegal search; Factual Defenses —such as not under the influence, not operating vehicle, mistaken identity, blood alcohol level not greater than .08 within 2 hours of driving, necessity, mechanical defects of vehicle; and Forensic Defenses — such as testing methodology failure, incompetent lab technicians, contaminated blood draw, breath machine failures and limitations, contamination issues.

Mr. Buckallew has extensive experience in litigating DUI cases, including complex felony DUI’s, and has a reputation for launching an aggressive defense on behalf of each client to ensure the most favorable outcome possible in each case. In addition to his law degree, Mr. Buckallew also has a Master’s in Forensic Science degree, giving him a unique understanding of both the legal issues as well as the complexities of the science behind the evidence. He also belongs to many professional criminal and DUI defense organizations, such as the National College for DUI Defense, in order to keep informed of the ever-changing practice of DUI litigation. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

**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.

Although final numbers have not yet been released, as of early Sunday afternoon, close to 400 people had been arrested on suspicion of DUI as a result heavy enforcement statewide over the Labor Day weekend. According to the state Governor’s Office of Highway Safety (GOHS), there have been 382 DUI arrests since Wednesday. The breakdown includes 40 arrests for (felony) Aggravated DUI, and 342 for misdemeanor DUI, with 115 of those arrests for Extreme DUI (BAC of 0.15 or higher), and 62 arrests for DUI Drugs. While arrests are down from this time last year, the average blood-alcohol content has increased from 0.149 last year to 0.155 this year. The saturation patrols continued on Sunday and Monday, particularly around valley lakes and rivers — Monday was expected to be a busy day for law enforcement.

If you were cited by for any type of DUI, including Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI-Drugs, Underage DUI, or any other DUI related violation, the Firm can help and provides free initial consultations. The Firm represents individuals in Scottsdale, Tempe, Chandler, Gilbert, Mesa, surrounding East Valley cities, Phoenix, surrounding West Valley cities, Pinal County, Gila County, Navajo County, Apache County and Statewide.

The Firm focuses its scope of representation on matters involving criminal and DUI litigation and has practiced in City Courts, Municipal Courts, Justice Courts and Superior Courts in just about every county in the State of Arizona. Mr. Buckallew has achieved successful resolution in countless DUI (and criminal) cases over the course of his career and has a reputation for aggressively fighting for the most favorable resolution possible on behalf of each of his clients. Aside from his law degree, Masters of Forensic Science degree, and many years of criminal and DUI litigation, Mr. Buckallew belongs to many DUI organizations to stay well informed of the complex and ever changing practice of DUI law. He belongs to the National College for DUI Defense (NCDD), the American Academy of Forensic Sciences (AAFS), the Arizona Attorneys for Criminal Justice, (AACJ) and others. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

Contact the Firm today for a free case evaluation.

**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.

Are ‘Bath Salts’ Illegal in Arizona?

According to a recent article by Arizona State University’s State Press, Arizona Senate and House Bills were recently signed into law by Governor Brewer, making the “creation, sale and use” of chemicals used in making Bath Salts illegal in the State of Arizona. These designer drugs have become increasingly sought-after given the widespread availability and access to these drugs, the ease in which they can be made, and the belief that the affects mimic those of methamphetamines, ecstasy and cocaine. One of the growing concerns is that it is easy to circumvent existing laws against these types of drugs – Bath Salts (other common names include Blue Silk, Cloud 9, Drone, Stardust, Vanilla Sky, and White Lightning), Spices, and other similar drugs, by substituting one or more of the ‘banned’ ingredients. Some of the reported effects after ingesting these kinds of drugs have included nausea, paranioa, elevated heart rate, irritability, aggressive and violent behavior, hallucinations, seizures, and perspiration which can lead to individuals removing their clothing and subsequently being found naked after using Bath Salts. Local news reports also cite an addiction specialist at a drug and alcohol rehab center in Scottsdale who has indicated that addiction to bath salts has increased over 200 percent in the past 6 months. U.S. Poison Control Centers have also reported a massive increase in the number of Bath Salts related calls received, with zero reports in 2009, 302 reports in 2010 and 4,000 reports in 2011, according to a news release by the City of Tucson Police Department.

According to the Phoenix New Times, the Tempe Police Department has reported multiple allegations recently of individuals affected by Bath Salts. In one instance, a 23-year old was allegedly found slamming himself against walls and then running nude through a Tempe neighborhood after admitting to ingesting Bath Salts. In another incident, a 21-year old crashed his truck in a parking garage of an apartment complex near Arizona State University. According to witnesses, the individual was fully naked when he got out of his vehicle, and later admitted to police that he had taken Bath Salts. According to court documents, this individual – an ASU student, now has a DUI charge pending against him. In the third instance, an 18-year old was found in the bathroom at a local coffee shop in Tempe, allegedly barricading himself in the bathroom and when entry was gained by Tempe Police, he was said to be completely naked, acting delusional and claimed he was being eaten alive by bugs. Police say he is facing a criminal damage charge as the bathroom was allegedly “trashed” with broken mirrors and covered with “quite a bit of blood”. There was also a recent case where Tempe Police pulled a naked man out of Tempe Town Lake and another report of a carjacking in Scottsdale by a naked man – both allegedly under the effects of Bath Salts.

The manufacture, sale and use of Bath Salts has been banned both on local and state levels here in Arizona, as well as at the federal level. Resulting charges from using, selling, or manufacturing Bath Salts, or any other illegal drugs, can include Driving Under the Influence (DUI), Drug Possession, Drug Use or Drug Sales, Disorderly Conduct, Criminal Damage, Assault, and other criminal violations. Being arrested for Bath Salts or other drug violations can have a significant and long lasting impact on your life as you could be facing felony or misdemeanor drug charges which can result in harsh consequences. Prison, jail, fees, fines, probation, a criminal record, and other harsh penalties can be levied against those convicted of drug crimes involving Bath Salts and other illegal drugs. Hiring an attorney familiar with Bath Salts cases may increase your chances of avoiding the significant penalties often associated with these types of drug convictions. The Law Offices of Trent R. Buckallew, PC is committed to focusing on your case, launching an aggressive defense on your behalf, and working towards the most favorable outcome possible in your case. Contact an experienced criminal defense lawyer immediately if you are facing Bath Salts or other types of drug charges in Tempe, Scottsdale, Gilbert, Mesa, Chandler, Phoenix, West Valley Cities, or other 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.

A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges ofapproximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1^st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI).

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master’s in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. 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. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

Contact the Firm today for a free consultation regarding your DUI case with an experienced and aggressive criminal defense attorney. The Firm handles DUI cases throughout the East Valley (including Chandler, Scottsdale, Tempe, Mesa, Gilbert, Apache Junction, Fountain Hills, San Tan Valley, Queen Creek and Casa Grande) as well as Phoenix, the West Valley, and statewide.

**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.

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.