Please celebrate responsibly and enjoy a safe and happy New Year’s Eve! If you plan on drinking tonight, make transportation plans ahead of time for the safety of yourself and other drivers on the roadways. There are plenty of options to ensure a safe arrival home at the end of the night, including taxi or limo service, Uber or a designated driver. In addition, AAA Tipsy Tow service is once again offering a free (10-mile) tow and ride home – call 1-800-AAA-HELP between 6PM Dec. 31^st and 6AM Jan. 1^st https://www.az.aaa.com/news/automotive/tipsytow. Also, check out Valley Metro as they are teaming up with Coors Light to provide free rides on bus, light rail and ADA Dial-a-Ride services beginning at 7PM on New Year’s Eve. See more at: http://www.valleymetro.org/landing_page/freerides/.

If you do find yourself being charged with a DUI, it is critical to seek the advice of competent legal counsel as soon as possible. Arizona has some of the toughest DUI laws in the country and if convicted, the penalties include significant fees, fines, mandatory incarceration, alcohol counseling, potential for increased insurance premiums, ignition interlock requirements, probation, possible vehicle impoundment, license suspension, and other unanticipated consequences.

The penalties are typically harsher the higher your blood alcohol content (BAC) and can also be harsher when certain ‘aggravating’ factors are involved, such as having a minor child (under the age of 15) in the car, having a suspended/revoked driver’s license, or having multiple DUI convictions at the time of the DUI stop. At a minimum, the penalties for a First Time DUI with a BAC of .08-.15% can include up to 6 months in jail, a $2,500 fine (with 84% surcharge) plus additional fees, a 90-day to 1 year driver’s license suspension, ignition interlock requirement, mandatory alcohol screening and counseling, probation and potential for increased insurance, among other consequences. Extreme DUI (BAC of .15-.20%) and Super Extreme DUI (BAC > .20%) result in even harsher penalties including increased jail time, higher fees/fines, vehicle impoundment, license suspension, and other penalties. If there are ‘aggravating’ circumstances involved at the time you are stopped, you will likely be charged with a Class 4 or Class 6 Felony DUI. Aggravating circumstances, as previously mentioned, can include having a minor child in the car, having multiple prior DUI convictions or driving without a valid driver’s license (i.e. suspended/revoked). As you can imagine, the more serious the circumstances and the higher your BAC, the harsher the penalties will be. The prison term for an Aggravated DUI conviction can be anywhere from 4-months up to several years. The fees and fines are substantially higher for felony DUI’s, as are other penalties, including longer license suspension, increased insurance premiums, probation, classes and other unanticipated consequences.

If you are arrested for DUI in Phoenix, or surrounding cities (including Gilbert, Scottsdale, Mesa, Tempe, Queen Creek, San Tan Valley, Paradise Valley, Apache Junction and Chandler), it is imperative to consult with competent legal counsel as each case is unique and the consequences/penalties of each DUI will depend upon many factors and circumstances in a case. Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the State Bar of Arizona, and thus, has significant experience in litigating all types of DUI and criminal cases. He has successfully litigated all types of DUI cases from 1st Time DUI and Underage Drinking to DUI Involving Homicide and everything in between. Mr. Buckallew has practiced in just about every Municipal/City/Justice Court in Maricopa County, the Maricopa County Superior Court, and Courts in just about every other County in the State of Arizona. Contact the office today for a free evaluation of 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 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.

With a DUI, there are actually two trials. You will need to attend a court hearing regarding your offense. If proven guilty, the judge has the right to sentence you to jail time, prison time, community service, probation, etc. You will then need to attend a MVD hearing regarding your crime. This hearing only concerns your ability to drive. You will need to give reasons why you have the right to keep your license, and then argue for this in the hearing. You can bring a lawyer with you to this appointment, if you have located an attorney that is willing to represent you. Mr. Buckallew is more than willing to help you with your cases and to attend all hearings regarding your crime and your license suspension.

With over 13 years of experience, Mr. Buckallew knows what he is doing. He is licensed to practice law all throughout the state of Arizona, which means that he can serve clients that are located just about anywhere within the state. He serves the residents of Phoenix, Tempe, Scottsdale, and all of the East Valley on a regular basis when they are caught in a difficult DUI situation. Mr. Buckallew has a passion for knowledge, which is why he attended Arizona State University to obtain a Bachelor of Science in Justice Studies. Immediately upon graduation, he sought higher education at the California Western School of Law, where he earned his Juris Doctor.

Five years later, Mr. Buckallew graduated from National University with a Masters in Forensic Science. This addition degree sets him apart from the rest. In an abundance of DUI cases, forensics come into play. Investigators need to determine that the driver’s BAC was above 0.08 percent, or may need to check the suspect from drugs to see if he was under the influence of narcotics while behind the wheel. With Mr. Buckallew’s respected knowledge in forensic studies on your side, you will have a better chance at proving innocence.

Mr. Buckallew is a proud member of the American Academy of Forensic Sciences and the National College of DUI Defense. He is also a member of the Arizona Attorneys for Criminal Justice association, the American Civil Liberties Union, and the National Association of Criminal Defense Lawyers. He has even written an eBook called Arizona DUI/Criminal Traffic Defense so that he can share his knowledge with others who need information about DUI litigation. If you sign up and provide your name and e-mail address on Trent Buckallew’s website, then you can receive a copy of this publication free of charge.

Mr. Buckallew understands that when you were arrested for your DUI, you may have been terrified and unaware of what to do. As a result, maybe you tried to leave the scene of an accident, or refused a blood or breath test. If you are in this situation, Mr. Buckallew can help. He is also excellent when it comes to handling DUI cases where injury is involved and DUI’s that involve a minor. When you are dealing with a case like this, some people may tell you that you can handle the allegations on your own. This is not true. It often takes an expert attorney with years of experience to come alongside you and prove that your case is not sound. Whether you are fighting to avoid an ignition interlock device, or are trying to avoid a suspended driver’s license, you need a Phoenix DUI lawyer. Coming to court without one is like fighting a battle without a weapon. Mr. Buckallew is also a member of the American Psychology-Law Society and is in Division 41 of the American Psychological Association. He has completed the advanced trial skills academy at the Institute for Criminal Defense Advocacy so that he can better round out his set of talents in DUI defense.

Mr. Buckallew was featured as one of the Top 100 Trial Lawyers in The National Trial Lawyers for 2012, which is a high honor that only goes to the best attorneys in the state. On Avvo, Mr. Buckallew is rated with a 7.8/10. This is a “very good” rating which shows that Attorney Buckallew is endorsed not only by his colleagues but by his clients. Read more of his client testimonials here or click here to read the testimonials posted on Avvo. Check out the firm’s Google+ page, Facebook, and Twitter if you want more information and would like regular news updates concerning what is going on in DUI law in Arizona. The firm also keeps a regular blog where attorneys and staff will write about current DUI arrests in the state or new law changes to make note of.

Mr. Buckallew is always up to date on what is going on in the law. This means that he is trustworthy when it comes to giving legal advice. Mr. Buckallew has even been asked to speak at the APDA Statewide Conference because of his helpful wealth of information. You can hear from Mr. Buckallew yourself by clicking on our video vault. Attorney Buckallew is not daunted by the seriousness of an aggravated DUI, extreme DUI, or super extreme DUI. He wants to help anyone in need and will take your case personally. To obtain advocacy from Mr. Buckallew, you can call our office at (602) 825-3300. We offer free initial consultations to all our clients.

The Scottsdale Police Department was recently awarded a $150,000 grant from the Governor’s Office of Highway Safety. They plan to use these funds to ramp up DUI enforcement operations such as DUI checkpoints, cracking down on drunk driving during local events, and costs incurred from Scottsdale’s participation in the East Valley DUI Task Force. They also intend to train more officers to become “drug recognition experts” to better enable officers to identify the upward trend of drug-impaired drivers. Additionally, more officers will become certified phlebotomists so they can draw blood on scene instead of transporting suspects to local hospitals. With more funding and resources dedicated to DUI enforcement, and focusing on areas such as the downtown district in Scottsdale with nearly 50 bars within a few square miles, officers hope to increase awareness around “knowing your limits” and using designated drivers.

In the event you are charged with a DUI in Scottsdale, or any surrounding areas, this Firm can help. Mr. Buckallew has extensive experience in litigating DUI cases and has handled all types of DUI’s ranging from misdemeanor 1st Time DUI charges to complex felony Aggravated DUI cases. He has successfully resolved countless DUI cases over the course of his career, including acquittals after trial, pre-trial dismissals and negotiating plea agreements resulting in a reduction of charges. Mr. Buckallew belongs to many professional criminal and DUI organizations, such as the National College for DUI Defense, in order to stay abreast of changes in DUI laws and to keep apprised of best practices within the legal community.

The penalties and long term consequences of a DUI conviction can be extremely burdensome and can include the possibility of jail time, probation, significant court fees and fines, ignition interlock requirements (plus the cost to rent the device), loss of driving privileges, possibility of increased insurance rates, criminal record, and in some cases a felony criminal record. Having a criminal record can jeopardize certain career aspirations, including various licensed professions and a felony record results in a loss of certain civil rights, such as the right to vote, right to hold public office, and the right to possess a firearm. If you have been charged with any type of alcohol or drug related DUI charge, this Firm can help. Given the significant consequences of a DUI conviction, it is critical to seek the advice of an experienced Scottsdale DUI Attorney before making any decisions in your case. 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.

Contact the Firm today for a free evaluation of your case. The Firm represents individuals in the Scottsdale City Court, and courts throughout the Valley, including in Gilbert, Chandler, Mesa, Tempe, Queen Creek, Phoenix and all 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.

If you have been charged with a DUI in the Tempe, AZ or surrounding areas, it is important to seek the advice of an experienced Tempe 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 Tempe 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 Tempe, or surrounding areas, including Phoenix, Gilbert, Chandler, Mesa, Scottsdale, Paradise Valley and Queen Creek.

**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.

An extreme misdemeanor DUI includes violations involving a BAC above a .15, but less than .20 (ARS 28-1382). If you have been charged with an extreme misdemeanor DUI charge in Tempe, AZ or surrounding valley cities, the government may impose harsh penalties. The maximum jail time for an Extreme DUI is 6 months. The minimum jail time is 30 days (21 may be suspended if ignition interlock device is installed on vehicle for 12 months). Fines and fees for an extreme DUI can total nearly $3,000.00 (including a $250.00 fine, 84% surcharge, $250.00 DUI Fund, $1,000 prison fund, $1,000 Public Safety Equipment Fund, $20 Time Pay Fee, $20 Probation Fee and $13 Assessment). Additional fees can include jail costs, probation fees, and cost for interlock ignition device (approx. $800-$1000 for 12 months). In addition to financial penalties, an extreme DUI conviction may result in a 90-day license suspension (30-day full suspension; then 60 days restricted driving permit to drive to/from work/school). 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).

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. The Firm handles DUI cases in Scottsdale, Phoenix, Gilbert, Mesa, Chandler, Tempe, Paradise Valley, Queen Creek, West Valley cities and throughout the State of Arizona.

Contact the Firm today for a free consultation regarding your DUI case with an experienced and aggressive criminal defense attorney.

**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.