If you were arrested for a misdemeanor DUI in the Town of Gilbert, you will likely be cited into the Gilbert Municipal Court or the Highland Justice Court – both located at 55 East Civic Center Drive in Gilbert, AZ. Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on “Procedural Defenses” which may be pursued in your case.

What are “Procedural Defenses”? Procedural criminal law is the formal procedures and protocols that the court uses to adjudicate criminal cases, including D.U.I. cases. It controls all stages of prosecution from the police investigation all the way through the trial and appeal. At each step of the process, there will be occasions for a competent Gilbert D.U.I. defense attorney to use the rules to help shape the focus the case. Opportunities for exclusion of evidence, and even dismissal of the case, can be fought for utilizing these rules of procedure. In Arizona, the procedural rules are formally titled the “Arizona Rules of Criminal Procedure” and can be found online, or at any local law library. The attorney you chose to represent you in your Gilbert D.U.I. matter should know and understand these rules thoroughly. The importance of these rules cannot be overstated. Some of the procedural defenses that may be raised in D.U.I. or criminal traffic cases may include any number of the following issues:

• Unlawful Detention/Traffic Stop
• Unlawful Arrest
• Unlawful Delay in Presentation of Body (in-custody)
• Unlawful Delay in Presentation of Complaint or Indictment
• Unlawful Search
• Unlawful Seizure
• Defective Search Warrant
• Defective Service of Search Warrant
• Franks Challenge (Search Warrant Challenge)
• Tainted Confessions
• Miranda
• Involuntary Statements
• Faulty Line-up/Identification Procedures
• Anonymous Tips
• Competency of Defendant to Stand Trial
• Double Punishment

This list is by no means an exhaustive list of every potential procedural defense that may be available in your case. The attorney you choose should be able to identify the relevant defenses that best fit the specific circumstances and facts of your case. Moreover, your attorney should be able to specify what steps are needed to best develop your procedural defenses for successful presentation in court. The best way to determine what defenses may be applicable to your case is to consult with, and retain, a competent criminal defense attorney. Stay tuned for future discussions regarding other possible defenses, including “Factual Defenses”. Also, you may request a complimentary copy of a book written by Attorney Trent Buckallew entitled, Arizona DUI/Criminal Traffic Defense Strategies, which covers DUI cases from the time of your arrest, types of DUI’s and penalties, describes the court process, discusses potential defenses as well as DUI case investigation.

Mr. Buckallew has handled countless DUI cases in the Gilbert Municipal Court, Highland Justice Court and the Maricopa County Superior Court, as well as most other courts throughout the valley. He has handled all types of DUI cases, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI Involving Homicide, Underage DUI, and DUI – Drugs, among others. He has a proven track record for zealously defending each and every client and has achieved many successful outcomes in DUI cases throughout the course of his career. Contact the Firm today for a free consultation regarding your Gilbert 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.

According to recent media reports, this year’s DUI task force arrests exceeded last year’s numbers both in the number of people arrested as well as in the average blood-alcohol levels (BAC) of those arrested, compared to previous years. There were 559 people arrested for DUIs over the Memorial Day weekend, up from 547 in 2012 and the average BAC level was .153 – almost twice the legal limit of .08. Of the 559 DUI arrests, 148 of those were charged with “Extreme DUI“, meaning their BAC was believed to be at 0.15 or greater. The biggest difference between a regular (non-extreme) 1st Time DUI is the increased jail time (1 day for a Non-Extreme DUI or 30 days for an Extreme DUI) as well as the increased financial penalties for an Extreme DUI.

Other DUI arrests over the Memorial Day weekend included 103 drug-related DUI’s, which exceeds the annual totals over the past five years. You can be charged with DUI-Drugs if any sign of a prohibited substance is detected by forensic testing in the crime lab. It is important to note that the crime lab may detect the substance even if the drugs were ingested over a week earlier. Because Arizona permits prosecution upon a finding of the metabolite of a prohibited substance, and because metabolites will remain in the system long after the active ingredient has dissipated, the time frame for acquiring necessary evidence for prosecution can be quite lengthy.

The number of Aggravated DUI arrests this Memorial Day weekend totaled 60 which was a slight decrease over the past few years. A person can be charged with Aggravated DUI under various circumstances, such as, your driver’s license was suspended or revoked at the time of the DUI arrest, you had a minor child under the age of 15 in the car at the time of the DUI arrest, or this is your third DUI in a 7 year period. The minimum incarceration time if convicted of an Aggravated DUI is four months in the Arizona Department of Corrections (prison).

If you are facing DUI charges of any kind, including Extreme DUI, Super Extreme DUI, Aggravated DUI or DUI-Drugs, the Firm can help. Mr. Buckallew has been litigating DUI cases his entire career and has extensive experience when it comes to challenging the state’s evidence, including forensic evidence, procedural errors, factual deficiencies and legal issues inherent in these types of cases. The Firm represents individuals in criminal courts in Phoenix, Gilbert, Scottsdale, Chandler, Mesa, Tempe and throughout the entire valley. Contact the Firm today to arrange a free consultation to discuss your legal options in fighting your DUI case.

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

According to a recent news release by the Mesa Police Department, they will be participating in the annual East Valley Memorial Day DUI Task Force. These operations will consist of both sobriety checkpoints as well as DUI saturation patrols throughout the East Valley. The task force will be employing a zero-tolerance approach to any driver found to be impaired either by alcohol and/or drugs, and also any underage driver or passenger with alcohol in their system. Law enforcement is reminding people to enjoy the holiday, drink responsibility and either designate a sober driver, call a cab, or ride the light rail.

If you have been arrested for a DUI or any other criminal violation, it is important to understand your rights. Before police begin questioning a suspect, he/she is required to read you a Miranda warning, reminding you of your rights. Listed below is an example of typical language used in a Miranda warning:

• 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.

If you are under investigation for or have already been with a DUI violation, the Firm can help. Mr. Buckallew has defended countless DUI cases over the course of his career and has a proven track record of successfully resolving many of these cases.

Contact the Firm today to arrange a free consulation regarding your DUI case.

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