Articles Posted in Implied Consent

In our practice, we often meet with clients who are not familiar with their rights when pulled over by a police officer. Because officers will be more attentive and aggressive during the upcoming holiday season, it is especially important to learn the relevant laws so that you can know exactly what to say and do…

Too often in our practice, we meet with clients that are not aware of their rights when on the road in Arizona. If a police officer pulls you over for suspected driving under the influence, there are laws that are important to know and remember as you interact with the officer. Perhaps most importantly, Arizona’s…

At The Law Office of James E. Novak, we too often speak with clients in Arizona who are not fully aware of their rights when they get pulled over for a suspected DUI or DWI. Part of our job as defense attorneys is to ensure that you are well prepared for any interaction with law…

Too often, our clients come to us concerned because of charges resulting from a DUI stop. At the Law Office of James E. Novak, we know and understand how frightening it is to get pulled over, and that when alcohol is involved, the stakes are high. It is thus crucial to know your rights when…

Seeing the red and blue lights of a police cruiser in the rear-view mirror is among the worst fears for many motorists, especially those who have had a few drinks. Part of what makes getting pulled over for an Arizona DUI so nerve-wracking is the knowledge gap between police officers who do this every day,…

In the vast majority of Arizona DUI cases, the applicable law that governs the case is that of the jurisdiction where the offense occurred. However, in very rare circumstances, another state’s laws may apply. This puts state courts in the difficult position of applying a foreign jurisdiction’s law. In a recent Arizona DUI case, the…

In April 2019, the U.S. Supreme Court heard oral argument in a case that may call into question the constitutionality of a significant part of Arizona’s implied consent statute. The specific question posed by the case is whether a law that allows a blood test from an unconscious driver provides an exception to the Fourth…

The issue of implied consent has been a hot topic in courts across the United States since the Supreme Court decided Birchfield v. North Dakota, which allowed warrantless breath tests to be conducted (but disallowed warrantless blood tests). In its most recent Arizona DUI opinion, the Arizona Supreme Court discussed whether Arizona’s implied-consent statute requires…

A few posts ago, we discussed Arizona’s implied consent statute, which provides that anyone who operates a vehicle on a public road implicitly consents to chemical testing if police suspect they are under the influence. In the post, we also discussed that while motorists have no legal basis for refusing a test, they cannot be…

The most common type of chemical test performed by police in Arizona DUI cases is breath testing. Breath testing measures the amount of alcohol in a person’s breath and converts the figure to blood-alcohol content. Police prefer breath testing in many cases because it is faster and less expensive than blood or urine testing. Practically…