Defending an Aggravated DUI in Arizona

The penalties resulting from an aggravated DUI charge in Arizona can be severe. That is why it is essential that you consider several possible defenses to your case. Remember that you are innocent until proven guilty.

If you have been charged with an aggravated DUI, consider seeking the legal counsel of an experienced and licensed criminal defenselawyer in Arizona. He or she can provide the best defense possible for you in court.

Here are a few defenses that you may want to use in your case:

1. Probable Cause Did Not Exist.

The responding officer must have probable cause to pull you over and arrest you. Probable cause is a term that means the officer had a valid reason to take either of those actions. Without it, the state may lack sufficient admissible evidence to prove its case against you.

2. You Were Not Read Your Miranda Rights.

Upon arrest, the officer is required to read you your Miranda Rights. These rights let you know what your personal rights are during the time you are in custody. Failure to read them to you is a possible defense in your case since it is a civil rights violation. This means the proper arrest procedures were not followed and may have invalidated the arrest.

3. You Were Not Given Proper Warning Regarding Chemical Tests.

Refusal to take a chemical or breathalyzer test is a violation in Arizona. The arresting officer is required to inform you of the consequences of not providing a sample. The tests might not be admissible in court if you were not properly warned in the first place.

4. The Chemical or Breath Tests Were Administered Improperly.

Chemical and breathalyzer tests are devices that law enforcement uses to determine if you have drugs or alcohol in your system, causing unlawful impairment. However, these tests must be administered properly using functioning, calibrated machines. Being able to prove either of these two instances may be able to demonstrate that the DUI tests should be thrown out of court.

5. Challenging the Accuracy of the Test Results

There are too many variables when it comes to administering chemical or breath tests in proving an aggravated DUI against you. These variables can lead to inaccurate results. Your defense attorney may call upon the testimony of a forensic analyst to determine the validity of the test’s administration and how the results were read.

Consider Hiring an Arizona Aggravated DUI Lawyer

Aggravated DUI defenses are difficult to prove. However, it is not impossible to manage under the representation of a skilled attorney licensed to practice in Arizona. He or she may be able to get your charges dropped or reduced. If that is not possible, then at least you are assured that your rights are not being violated during the process.

Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is a leading aggravated DUIlawyer in Phoenix, AZ, known for her bold, yet client-centered, approach. You can discuss your case with Attorney Shah by calling (602) 888-0369 or by sending her a message through the firm’s requestform.

Penalties for Getting a DUI in Arizona

Driving under the influence of drugs or alcohol is a serious offense under Arizona law, and it carries significant legal consequences. Plus, DUI sentencing can vary by judge and prosecution teams in the end. Working with an experienced Arizona DUI lawyer can make the process less intimidating and ensure your rights are protected.

What is a DUI?

WHen you are accused of a DUI, you are being accused of driving under the influence. During a traffic stop, police officers actively look for signs of intoxication. Sometimes, drivers are arrested for a DUI even if their blood alcohol concentration (BAC) is below the technical limit.

DUI Penalties for Minors and Adults

Arizona law specifies that individuals under the age of 21 are “minors.” Minors are not allowed to drive with any amount of alcohol in their blood. First-time offenders face:

  • Steep fines,
  • Rigorous probation,
  • Loss of driver’s license,
  • Community service, and
  • The installation of an ignition interlock device

Penalties for driving under the influence have grown increasingly harsher over the past few years. However, the most critical elements considered during sentencing are the number of previous offenses along with your BAC at the time of the arrest.

First Offense DUI

Your first DUI offense may carry a fine of at least $1,480 and at least 10 days in jail with up to nine days suspended. Courts require you to install an ignition interlock between six months and one year.

Second Offense DUI

Your second offense may carry a fine DUI fine of at least $3,000 and at least 90 days in jail. A judge can suspend up to 30 days if you complete drug screening and treatment thresholds. Courts require you to install an ignition interlock for one year.

Third Offense or Greater DUI

A third DUI offense, within seven years of your last, is a felony in Arizona. Your third offense may carry a fine DUI fine of at least $4,000 and at least 120 days in jail. Courts require you to install an ignition interlock for at least two years.

Penalties for Not Complying with Sobriety Tests

Licensed drivers in Arizona have submitted to “implied consent.” The term means that you have already given your permission to testing by merely holding a drivers’ license. In other words, if a police officer reasonably presumes you are driving while impaired, you must submit to a blood test or breathalyzer test to determine your BAC.

It also means that you can lose your license for refusing to comply with testing. This suspension is entirely separate from the criminal part of a DWI case, but it can increase your drunk driving penalties of a license suspension for up to twoyears.

Ask for an Arizona DUI Lawyer

Going to jail for DUI charges in Arizona does not mean you are guilty. You still have rights. Exercise your right to an attorney by asking for one immediately upon arrest.

Our Arizona DUIlawyers are ready to assist you. You can call our office (602) 888-0369 or by emailhere to request a free, no-obligation consultation regarding your case. We look forward to serving you and your family.

What You Should Know About a Prescription Drug DUI in Arizona

Operating a motor vehicle under the influence of prescription drugs is illegal in the state of Arizona. Narcotic medications, in particular, cause the driver to become intoxicated in the same manner as illicit drugs and alcohol.

If you are charged with a prescription DUI in Arizona, you will discover that the consequences are severe and will affect your life for a long time. Working with an experienced Arizona DUIlawyermeans you have someone to fight on your behalf while keeping your case on track toward the best possible outcome.

In any criminal law case, knowledge is power for defendants. Here are a few critical points regarding prescription DUI charges that you may want to consider:

How an Officer can Tell if You are Under the Influence of Prescription Drugs

Police officers receive standard and specialized training related to assessing your ability to safely operate a motor vehicle. During your traffic stop, the responding officer begins his or her sobrietytestwithout you even knowing it. He or she is looking for signs of drug use, including odd behavior and the inability to respond to routine questions.

The officer typically administers a Breathalyzer test to assess your blood alcohol content (BAC). If he or she rules out alcohol but still suspects that you are under the influence of drugs, then he or she can request that you take a chemical test. The chemical test examines your blood to determine which chemicals are in your system.

Individuals holding an Arizona drivers’ license have submitted to implied consent laws by default. Implied consent is an agreement you made to submit to breath and chemical tests at the request of a police officer under good cause. The state automaticallysuspendsyour driver’s license for refusal to take these tests.

Penalties for a First-Time Prescription Drug DUI

Arizona is a state known for having the strictest DUI laws in the country while imposing even more stringent penalties. Even with a valid prescription, police officers can still arrest you for driving under the influence of narcotics and psychoactive medications.

Prescription drug DUIs are classified and treated in the same manner as alcohol and illegal drug-related DUIs. A first-time prescription drug DUI in Arizona is a Class I Misdemeanor in most cases. Prosecutors can elevate charges in the event of an aggravated circumstance such as hitting a pedestrian or having minors in the vehicle.

Penaltiesfor a first-time DUI in Arizona may include:

  • A jail sentence of no less than ten days (courts can suspend up to nine days)
  • A minimum fine of $1,250
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service

Penalties for anaggravatedor extreme prescription DUI carry even harsher sentences and may include the following consequences:

  • A jail sentence of no less than thirty days
  • A minimum fine of $2,500
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service
  • No possibility of probation

As you can see, the stakes are high when charged with a prescription drug DUI. Consider discussing your options with the insight of an experienced an Arizona DUI attorney. He or she protects your rights while providing the best possible defense in the courtroom.

How a DUI Attorney Defends You in Court

A DUI attorney licensed to practice in Arizona offers you a fighting chance at beating or reducing the charges pending against you. Some defenses and counterarguments he or she uses may include:

  • The responding officer did not have probable cause to pull you over in the first place.
  • Blood and chemical tests were contaminated or improperly administered.
  • The state lacks enough evidence to prove you were under the influence of prescription drugs.
  • You were not aware that your prescription drug caused impairment.

Facing prescription drug DUI charges is stressful when you feel no one is in your corner. Hiring a DUI attorney can help you feel like you are getting the best help possible. He or she can fiercely advocate and negotiate on your behalf before and during the trial phase.

Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is a leading DUIlawyerin Phoenix, AZ, known for her bold yet client-centered approach. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s requestform.

How to Avoid Self-Incrimination After an Arrest in Arizona

Being arrested for any criminal offense places you in a vulnerable position. Police officers are trained to gather evidence against you from the first point of contact through the arrest sequence. This strategy includes documenting any remarks you make that signal guilt.

Legal professionals describe these comments as self-incriminating statements. You have a constitutionally protected right to remain silent while in custody. Speak with an Arizona criminal lawattorney before issuing any formal statements to the police during the arrest process or afterward.

What are Self-Incriminating Statements?

Self-incriminating statements are remarks you provide to law enforcement officers that the state of Arizona can later use against you in court. What you say before, during, and after your arrest can provide prosecutors fodder to demonstrate your guilt.

It is critical to remember that your right to remain silent is a constitutionallyprotected right under theFifth Amendment. You are not legally obligated to make incriminating statements against yourself at any point, no matter what anyone says.

When Defendants Issue Self-Incriminating Statements

It is easy to imagine that no one would ever say anything to jeopardize his or her case. Unfortunately, it happens more often than you would think. In general, defendants are not even aware that they said anything that was self-incriminating.

These subtleties of communication are essential to a prosecutor’s case against you. For this reason, instead of saying anything at all that might inadvertently hurt your case, reach out to a criminal defense attorney right away.

Interception of Jail Communications

The most common way defendants make self-incriminating statements is via internal jail communication. If you find yourself in the custody of law enforcement, it is imperative to assume that everything you are doing, saying, and writing is being intercepted and reviewed.

Guards and administrators may intercept and document the following communications while you are in jail:

  • Your telephone conversations
  • Your mail correspondence
  • Your discussions with guards and other inmates

Any items in the previous list can be submitted as evidence during your pending trial in court. However, you are free to speak openly with your attorney at any point, free from self-incrimination.

Little Knowledge of Protected Rights

Self-incrimination often occurs when the individual being arrested does not understand that he or she can assert this right without penalty. If there is any takeaway from this article, remember that your right to remain silent cannot be challenged or taken away by law enforcement as long as you alert the arresting officer that you are invoking your Fifth Amendment right under the U.S. Constitution.

Avoiding Self-Incrimination While in Custody

If you have been arrested for a criminal offense, invoke your right to remain silent until you can speak with your lawyer. He or she will provide further instructions as to how to proceed. Any violation of your rights while in custody means that the state of Arizona may have to dismiss the charges against you.

You do not have to face the courtroom alone. Arja Shah Law is a criminal defenselaw firm in Phoenix, Arizona that is known for its skill in aggressively representing clients during the toughest moments of their lives. You can schedule a consultation with our team by calling (602 888-0369 or sending us a quick message through our requestform.

What You Should Know About a Prescription Drug DUI in Arizona

Operating a motor vehicle under the influence of prescription drugs is illegal in the state of Arizona. Narcotic medications, in particular, cause the driver to become intoxicated in the same manner as illicit drugs and alcohol.

If you are charged with a prescription DUI in Arizona, you will discover that the consequences are severe and will affect your life for a long time. Working with an experienced Arizona DUIlawyer means you have someone to fight on your behalf while keeping your case on track toward the best possible outcome.

In any criminal law case, knowledge is power for defendants. Here are a few critical points regarding prescription DUI charges that you may want to consider:

How an Offer can Tell if You are Under the Influence of Prescription Drugs

Police officers receive standard and specialized training related to assessing your ability to safely operate a motor vehicle. During your traffic stop, the responding officer begins his or her sobrietytest without you even knowing it. He or she is looking for signs of drug use, including odd behavior and the inability to respond to routine questions.

The officer typically administers a Breathalyzer test to assess your blood alcohol content (BAC). If he or she rules out alcohol but still suspects that you are under the influence of drugs, then he or she can request that you take a chemical test. The chemical test examines your blood to determine which chemicals are in your system.

Individuals holding an Arizona drivers’ license have submitted to implied consent laws by default. Implied consent is an agreement you made to submit to breath and chemical tests at the request of a police officer under good cause. The state automaticallysuspends your driver’s license for refusal to take these tests.

Penalties for a First-Time Prescription Drug DUI

Arizona is a state known for having the strictest DUI laws in the country while imposing even more stringent penalties. Even with a valid prescription, police officers can still arrest you for driving under the influence of narcotics and psychoactive medications.

Prescription drug DUIs are classified and treated in the same manner as alcohol and illegal drug-related DUIs. A first-time prescription drug DUI in Arizona is a Class I Misdemeanor in most cases. Prosecutors can elevate charges in the event of an aggravated circumstance such as hitting a pedestrian or having minors in the vehicle.

Penalties for a first-time DUI in Arizona may include:

  • A jail sentence of no less than ten days (courts can suspend up to nine days)
  • A minimum fine of $1,250
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service

Penalties for anaggravated or extreme prescription DUI carry even harsher sentences and may include the following consequences:

  • A jail sentence of no less than thirty days
  • A minimum fine of $2,500
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service
  • No possibility of probation

As you can see, the stakes are high when charged with a prescription drug DUI. Consider discussing your options with the insight of an experienced an Arizona DUI attorney. He or she protects your rights while providing the best possible defense in the courtroom.

How a DUI Attorney Defends You in Court

A DUI attorney licensed to practice in Arizona offers you a fighting chance at beating or reducing the charges pending against you. Some defenses and counterarguments he or she uses may include:

  • The responding officer did not have probable cause to pull you over in the first place.
  • Blood and chemical tests were contaminated or improperly administered.
  • The state lacks enough evidence to prove you were under the influence of prescription drugs.
  • You were not aware that your prescription drug caused impairment.

Facing prescription drug DUI charges is stressful when you feel no one is in your corner. Hiring a DUI attorney can help you feel like you are getting the best help possible. He or she can fiercely advocate and negotiate on your behalf before and during the trial phase.

Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is a leading DUIlawyer in Phoenix, AZ, known for her bold yet client-centered approach. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s requestform.

Beat a DUI Arrest

Okay, if you google searched “beat a DUI arrest” chances are high that you need an attorney. If your DUI was straight forward and you have no prior convictions a Scottsdale DUI Attorney can easily help you. Say you got pulled over during one of Scottsdale’s routine holiday DUI check points, and you blew over the limit, you got detained. The next morning you were released on your own recognizance and you just need help navigating the legal waters. If this is the case, give Arja Shah a call and she can offer you an affordable solution. “However, what happens if it is not so “simple” of a case? Keep reading for more information.

How to Beat a DUI Arrest

In our opinion there are two types of DUI clients. Those who are guilty and those who are innocent. If you happen to be guilty we need to work on minimizing your legal exposure. Things like keeping you on the road, your licenses in good standing so you can work, and even defending a professional license like a commercial driver’s license are all things we help manage for you.

If you are innocent, we have an uphill battle. It sounds backwards right? If you are guilty it should be harder to defend then if you are innocent. Some time(s) it is true, especially if you have priors or if there are circumstances such as an injury or a weapon involved. An extreme DUI case is definitely hard as well to defend. BUT let’s go back to why an innocent case is so hard to fight in court. How to beat a DUI arrest is searched all the time online. Very few lawyers know how to do it.

Beat a DUI Arrest Attorney

When you are truly innocent for a DUI arrest we need to challenge the motive an or system that lead to your charge and detainment. First, a Scottsdale DUI Lawyer needs to request your arrest records. By identifying why you were pulled over, how your sobriety field test went, and the results of the breathe test are all vital to building your defense. To prove your innocence your lawyer NEEDS to show that the arrest itself and tests were wrong.

To beat a DUI arrest we need to figure out what went wrong. Was the breath test machine faulty? Were you pulled over incorrectly? There are a plethora of things that can lead to a wrongful accusation. BUT we need to move QUICKLY to defend your rights and to protect your driving status.

Can you challenge a DUI in Scottsdale, AZ?

The answers is YES. The truth, it is not that simple. Tucson News and other reporting agencies show stories every now and then of DUI attorneys beating the odds and challenging a DUI arrest. While is can be done, it does require a lot of work. Most of all, in our opinion, it requires knowledge of the law.

Arja Shah has been practicing criminal defense in the state of Arizona for over a decade. She has defended hundreds of individuals, from DUI to life changing high profile felonies. Attorney Shah ONLY practices criminal defense. She dedicates her time and career towards defending the rights of those accused. She puts the needs of her clients first.

Are DUI Breath Tests Wrong?

DUI arrests are meant to keep our roads and highways safe. Most of us enjoy a good time. A lot of us who enjoy going out like to have a drink or two. DUI checkpoints are not meant to “ruin” our free time activities. They are deterrents so that we can cut down on DUI related accidents that lead to death.

In order to determine if someone is over the legal limit a field sobriety test is performed. Over this 2018 Halloween weekend DUI checkpoints were out in full force. AZ Central News reported dozens of events throughout Scottsdale and Phoenix. These events were accompanied by police and DUI breath tests. The breath test is utilized to help confirm that you are over the limit. However, the tests can by faulty. DUI Breath Tests can be wrong.

Hire an Attorney to Beat DUI Arrest

When searching for a Scottsdale DUI Attorney you have a lot of options. Some people look for the “best” DUI lawyer. Unfortunately, that doesn’t exist. What makes someone the best attorney is if they are the “best attorney FOR YOU and YOUR CASE”. How do you figure this out? Easy, do your homework and ask questions.

Arja Shah has been fighting criminal defense cases in Scottsdale for over a decade. She is an awarded and decorated Scottsdale Criminal Defense Lawyer. She has dozens of glowing reviews online from REAL clients. She prides herself in providing the most effective defense possible while keeping her prices affordable. See below for some of her attorney highlights. Call today for a free confidential consultation.

Arizona Court of Appeals Contradicts the Medical Marijuana Act

The Arizona Court of Appeals decided State v. Jones in a questionable 2-1 decision that appears to ignore the Arizona Medical Marijuana Act (“AMMA”).   Defendant Rodney Jones was a registered qualifying patient under AMMA allowing him to possess under 2.5 ounces of usable marijuana.  Despite having a valid medical marijuana card, he was arrested and charged for possessing a jar containing 0.05 ounces of cannabis.  Considering Mr. Jones was a medical marijuana patient, he was convicted for possession of a narcotic drug and drug paraphernalia.  Mr. Jones was sentenced to 2.5 years of prison–for that 0.05oz jar of marijuana resin.

You can read the full opinion here: http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2018/CR16-0703%20OP.pdf

Writing for the majority,  Justice Thompson distinguished the resin extracted from the marijuana plant as different from marijuana itself.  This distinction is based on old case law prior to 2015.

Medical marijuana is defined as “all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.”–not excluding resin.  This incredible decision seems to make their own conclusions, ignoring case law,.

Avoid DUI’s, Domestic Violence and Other Crimes this Halloween

Halloween is not just for kids, especially in 2018. People, dressed up or not, look forward all year to dressing up and going out. Festive Halloween themed drinks and parties are looked forward to all year. 

While there is nothing wrong with having a few drinks in the spirit of Halloween, there will likely be an issue with drinking too much and what it can lead to. Every year, criminal damage, domestic violence, criminal assaults and other crimes that can be associated with over drinking spike. While this can arguably be good for Criminal Defense lawyers, it’s never good for clients and their families.  

If you plan to drink, you will require some way to get home.  Simply using Uber of Lyft if your city offers their services is responsible and practical. For those who neglect the dangers of drinking and driving the consequences can be severe. You can lose your license, spend time in jail and possible lose your job. All of this can be avoided.

Secondly, if not planning on driving, there is another danger far scarier than any haunted house you will find… other people who have had too much to drink. Who hasn’t had the pleasure of interacting with someone who has far exceeded their alcohol intake? Tempers can flare, words can be misinterpret, events can escalate in chaos. Almost like clockwork, criminal damage and disorderly conduct charges spike around 10/31. Penalties and restitution can easily exceed $3000 and typical lawyers charge over $3000 on top of this to handle the case…

By this point in the blog, you may be thinking that we recommend you stay home and barricade the doors. Which is absolutely not the case. Life is meant to be lived. Celebrations and parties are one of life’s great pleasures and should be enjoyed (pumpkin flavored beer is delicious!). The reminder is, plan ahead and make responsible arrangements to avoid a lasting party favor or court fees and other ramifications. Life calls for celebration, but it also has a way of throwing the unexpected into the picture. The lesson is simple. If you’re going to drink, don’t drive. Make sure that your group has a driver who hasn’t been drinking or utilize the services offered in your area. Your last drink could cost you more than the bar tab you’ve rang up.



Where Self Driving Cars Will Take Us

I came across this article that I found interesting in regards to self driving cars. Obviously, it affects DUI laws, but I overlooked how self driving cars can and will change the restaurant industry and others.

 https://www.thefix.com/how-self-driving-cars-could-potentially-impact-alcohol-industry

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