Phoenix DUI Law Blog

Arizona Appeals Court Upholds DUI Convictions for Prescription Drug Use Within the Therapeutic Range
James Novak

An Arizona appeals court recently affirmed a defendant’s DUI convictions in a DUI case involving the use of prescription drugs, that the defendant claimed were used as prescribed. According to the evidence presented at trial, the defendant was driving down a two-lane road one evening while speeding and passing other vehicles. At some point, the…

Continue reading ›
Arizona Court Affirms Denial of Motion to Suppress after Applying Nevada State Law
James Novak

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…

Continue reading ›
Arizona DUI Arrests Over Memorial Day Weekend Show Year-Over-Year Increase
James Novak

Law enforcement officers frequently focus their DUI enforcement efforts on long weekends and holidays under the assumption that people are more likely to drink and drive when they are out celebrating with friends and family. According to a recent news report, there were a total of 503 Arizona DUI arrests over Memorial Day weekend. Of…

Continue reading ›
SCOTUS Will Decide Case that May Impact the Constitutionality of Arizona’s Implied Consent Statute
James Novak

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…

Continue reading ›
Court Rejects Defendant’s Expert Testimony in Recent Arizona DUI Case
James Novak

Expert testimony is often necessary in Arizona DUI cases. Therefore, understanding the use and limits of expert testimony is essential. In a recent Arizona DUI case, an appellate court considered whether the trial court exceeded its authority in limiting expert testimony. According to the court’s decision, the defendant was driving in Tucson, when his car…

Continue reading ›
Arizona Appellate Court Allows Illegal Sentence Due to Timing of Court’s Decision
James Novak

In a recent case, an Arizona court of appeals held that an Arizona DUI sentence should stand because the court’s correction of the unlawful sentence was made too late. According to the court’s opinion, in 2016, the defendant was convicted of aggravated driving under the influence and aggravated driving with a Blood Alcohol Content (BAC)…

Continue reading ›
Court Determines Defendant’s Knowledge of an Underage Passenger’s Age Is Not an Element of an Arizona Aggravated DUI
James Novak

Recently, a state appellate court issued an opinion in an Arizona DUI case discussing the elements of an aggravated DUI under Arizona Revised Statutes (A.R.S.) section 28-1383(A)(3). Ultimately, the court determined that the prosecution established evidence of each element, and affirmed the jury’s guilty verdict. According to the court’s opinion, the defendant was driving a…

Continue reading ›
Arizona Court Issues Yet Another Implied-Consent Case
James Novak

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…

Continue reading ›
Court Issues Opinion Discussing Arizona’s Implied Consent Statute
James Novak

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…

Continue reading ›

Recent Entries

What Are the Differences Between DUI, Extreme DUI, and Aggravated DUI in Arizona? In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are...

Arizona Defendant Unsuccessfully Argues Prosecution Improperly Used Accomplice’s Statements During Trial In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for...

Relevance of Autopsy Photos in Homicide and Murder Cases in Arizona In a criminal case revolving around homicide or murder, it is a long-standing rule in Arizona that photos of the victim’s body are automatically...

Winning Defense Strategies Book

Free eBooks

Free DUI & Criminal Defense eBook

stacked-badges.jpg

About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.

Client Reviews

 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

Contact Us

  1. 1 Free Initial Consultation
  2. 2 Available 24/7
  3. 3 Defends ALL Types of DUI Cases
Fill out the contact form or call us at (480) 413-1499 to schedule your free initial consultation.

Leave Us a Message