First DUI

Experienced Tempe DUI Defense Lawyer Fighting to Keep Clients Out of Jail and on the Road

If you’ve been arrested for your first DUI in Arizona, unless it’s an aggravated DUI or an extreme DUI, the offense is a misdemeanor. However, just because it is your first Arizona DUI does not mean that the case isn’t serious. Arizona DUI laws are some of the harshest in the country, and a conviction will follow you for the rest of your life. To stand the best chance of beating the case against you, you will need an experienced Arizona DUI lawyer. At the Law Office of James E. Novak, we have more than 25 years of hands-on experience fighting on behalf of our clients charged with DUI offenses. We know what it takes to beat these tough cases and are looking forward to discussing how we can help with your defense. Give us a call at your convenience to schedule a free consultation.

Penalties for First DUI Offense in Arizona

It comes as a surprise to many, but current Arizona law calls for mandatory jail time for any DUI conviction. Yes, even a first-time DUI conviction will result in a jail sentence by default. However, there are ways around this, as judges can suspend all but one day of a jail sentence. However, it is up to the judge’s discretion to fashion a punishment, and some judges are more lenient than others.

Regardless, that one day is non-negotiable. There is no way to defer the sentence, and there is no option for community service or any other alternative to imprisonment. This is because Arizona law does not give judges discretion to impose a probation-only sentence. All courts in Maricopa County, including Phoenix City Court, Tempe City Court, Mesa Court, Gilbert Court, Chandler Court, and Scottsdale Court, must comply with Arizona’s tough mandatory guidelines.

Defending Against a First Offense DUI

Your best chance of getting a first-time drunk driving case dismissed is to hire an AZ criminal defense attorney who regularly handles DUI charges. For example, if your charges are in Maricopa County, you will want to hire an experienced DUI lawyer like James Novak to defend you.

Attorney Novak is a veteran DUI defense lawyer and former prosecutor for DUI and criminal charges in Arizona. More importantly, the Law Office of James E. Novak focuses exclusively on criminal defense. If you bring us onto your case, James Novak will immediately begin fighting for your rights.

He will conduct a thorough investigation, looking for favorable evidence. He will then determine the best defense strategy before tailoring a compelling defense based on the facts of your case. Often, Attorney Novak finds himself educating the court on new legal developments and binding case law that supports his client’s position. The bottom line is that we stop at nothing to get your DUI charges reduced or dismissed.

While every case is unique and requires individualized analysis, some of the most successful DUI defenses are:

Improper Stop by Law Enforcement

One of the most common defenses is challenging the legality of the traffic stop. Police must have a valid reason, such as a traffic violation, to stop a vehicle. If the stop was made without reasonable suspicion, any evidence gathered afterward, including breathalyzer results or an officer’s observations, may be inadmissible in court.

Inaccurate Breathalyzer or Blood Test Results

Breathalyzer devices and blood tests are not infallible and can produce inaccurate results due to improper calibration, maintenance issues, or errors in administration. An experienced DUI lawyer can challenge the accuracy of these test results by examining how the tests were conducted.

Field Sobriety Test Issues

Field sobriety tests (FSTs) are subjective and often influenced by external factors such as poor lighting, uneven pavement, or medical conditions. A defense attorney can argue that these external factors, not impairment, affected your performance on these tests.

Rising Blood Alcohol Defense

In some cases, a defendant’s BAC may have been below the legal limit while driving but rose to an illegal level by the time the test was conducted. Alcohol takes time to be absorbed into the bloodstream, and if the test was administered long after the stop, it might not accurately reflect your BAC while driving.

Schedule a Free Consultation to Start Fighting Your DUI Case Today

If you are facing your first DUI in Maricopa County, call the Law Office of James E. Novak today to schedule your free initial consultation. For more than 25 years, Attorney James Novak has stood alongside good people charged with serious crimes, helping protect their futures. We understand the stakes in Arizona DUI cases and will do everything possible to ensure your interests are protected at every step of the way. To learn more, and to schedule a free consultation with our Maricopa County DUI defense lawyer, give us a call at 480-413-1499. You can also reach us through our secure online contact form.