Super Extreme DUI - Law Offices of Trent R. Buckallew, PC

Phoenix New Year’s Eve DUI

Law Offices of Trent R. Buckallew, PC — Wed, 31 Dec 2014 07:00:00 GMT

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.

Tempe Memorial Day DUI Task Force

Law Offices of Trent R. Buckallew, PC — Sat, 25 May 2013 07:00:00 GMT

According to a media release by the Tempe Police Department, the agency will be out in force over Memorial Day Weekend and have established the following DUI Task Force locations:

Fri. May 24 5:00 p.m. Loop 202 & Dobson Rd. Tempe
Sat. May 25 6:00 p.m. Tempe Fire Training Facility, 1340 E. University Dr. Tempe
Sun. May 26 3:00 p.m. 7300 E. Shoeman Galleria Scottsdale

See Media Release here

Contact the Firm if you have been arrested for a DUI in Tempe or surrounding areas – the Firm defends all types of DUI related charges including 1st Time DUI, Extreme DUI, Super Extreme DUI, felony Aggravated DUI, Underage DUI, Minor in Consumption / Minor in Possession, DUI involving injury or death, and any other drinking related violation. Mr. Buckallew has handled countless DUI related cases in the Tempe Municipal Court, University Lakes Justice Court, Maricopa County Superior Court and has a reputation for zealously defending each and every client he represents.

Mesa PD Memorial Day DUI Task Force

Law Offices of Trent R. Buckallew, PC — Fri, 24 May 2013 07:00:00 GMT

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.

Hiring a Chandler DUI Attorney

Law Offices of Trent R. Buckallew, PC — Sat, 15 Sep 2012 07:00:00 GMT

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:

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.
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.).
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.
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.
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.
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).
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.

Aggravated DUI Charges

Law Offices of Trent R. Buckallew, PC — Tue, 11 Sep 2012 07:00:00 GMT

While many DUI charges are classified as misdemeanors in the State of Arizona, there are certain circumstances when DUI charges may be 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)
If you are required to equip your vehicle with an ignition interlock device at the time of the DUI (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 department of corrections (prison). 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 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, it is critical to seek the advice of experienced DUI 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 East Valley Cities, including Scottsdale, Tempe, Gilbert, Mesa, Paradise Valley and Queen Creek, as well as 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.

Labor Day DUI Arrests

Law Offices of Trent R. Buckallew, PC — Thu, 06 Sep 2012 07:00:00 GMT

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.

Memorial Day Weekend DUI Task Force

Law Offices of Trent R. Buckallew, PC — Wed, 30 May 2012 07:00:00 GMT

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

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

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