Phoenix DUI Law Blog

Arizona Has Some of the Harshest Penalties for Those Convicted of Driving Under the Influence, Even for First-Time Offenders
James Novak

Given the manner in which Arizona DUI laws are written and enforced, most people who are arrested and charged with an Arizona DUI offense have no idea that they were over the legal limit or were still under the influence of an intoxicating substance. Thus, the fact that Arizona has one of the strictest –…

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What Are Miranda Rights and How Do They Apply in Arizona DUI Cases?
James Novak

The Sixth Amendment to the United States Constitution provides that those who are charged with criminal offenses have the right to counsel at all critical stages of a legal proceeding. Relatedly, the Fifth Amendment provides that no person can be compelled to be a witness against themselves in a criminal trial. Thus, in the 1966…

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Court Discusses Notice Requirement in Recent Arizona Aggravated DUI Case
James Novak

Recently, a state appellate court issued a written opinion in an Arizona aggravated DUI case that was brought against a man who was arrested for driving while under the influence while his license was suspended. The case required the court to determine if the lower court properly instructed the jurors that they could presume the…

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Arizona Court Condones Officer’s Arrest of Defendant, Despite Potentially Innocent Explanation for Signs of Intoxication
James Novak

Late last month, a state appellate court issued a written opinion in an Arizona DUI case in which the court had to determine if the officer’s arrest of the defendant was supported by probable cause. The case gave the court the opportunity to discuss probable cause in the DUI context, and what the prosecution must…

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When Can an Officer Pull a Motorist Over Based on a Belief of Intoxication?
James Novak

While getting pulled over may seem random – and indeed, sometimes it is – police officers are not permitted to pull motorists over for no reason. In fact, when a traffic stop is challenged, police officers must be able to articulate the reasons they relied upon for stopping a motorist. If a police officer does…

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Court Discusses “Medical Draw Exception” to Warrant Requirement in Recent Arizona DUI Case
James Novak

In a recent opinion, an Arizona state court discussed the “medical draw exception” to the general requirement that police obtain a search warrant before taking the blood of someone they suspect to be under the influence. The case offered the court the opportunity to clarify the narrow set of circumstances under which the exception applies.…

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Court Discusses When Police Can Legally Stop a Motorist for Swerving in Recent Arizona DUI Case
James Novak

Earlier this year, a state appellate court issued a written opinion in an Arizona DUI case, discussing when a police officer has cause to pull a motorist over for swerving. Ultimately, the court concluded that the defendant’s driving did warrant the officer’s traffic stop, and thus affirmed the denial of the defendant’s motion to suppress.…

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Arizona Appellate Court Upholds DUI Conviction Over Defendant’s Operation Challenge
James Novak

Recently, a state appellate court issued an opinion in an Arizona DUI case requiring the court to determine if the evidence presented by the prosecution was sufficient to convict the defendant. Specifically, the defendant challenged the finding that she was operating the vehicle. Ultimately, the court upheld the defendant’s conviction, finding that the fact that…

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Recent Entries

The Importance of Handwriting in an Arizona Criminal Case A person’s handwriting can come back to haunt them, and evidence in the trial court’s record of the defendant’s handwriting can end up helping the...

When Can an Officer Reasonably Prolong a Traffic Stop in Arizona? In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the...

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...

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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.

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