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ARS 28-1381

What to do when Arrested for DUI with a CDL (Arizona Commercial Drivers License)

If you have a commercial driver’s license (CDL) and are arrested for a DUI in your personal vehicle, it’s going to have an impact on your license. Today I’m going to walk you through potential outcomes of a Phoenix DUI and discuss your options for dealing with a DUI with a CDL.

If you’re stopped while driving and willingly provide a blood, breath or urine test above .08 percent Blood Alcohol Content (BAC), your license will be suspended for 90 days. Instead, if you meet certain criteria, you may be eligible for a 30/60 day permit. A 30/60 day permit means 30 days of no driving and 60 days of driving restricted to going to and from work, school or a doctor’s office. This is preferable to a 90-day suspension. This suspension is called an “Administrative Per Se” suspension, or “admin per se” for short. In order to qualify for the restricted driving permit after the first 30 days, you’ll have to go through alcohol screening. As part of this process, they’ll tell you that you need to take a certain amount of classes, but completing these classes isn’t required to get the 30/60 permit.

Law enforcement officers may obtain a warrant to compel you to provide a test sample if you aren’t willing to volunteer one. The default suspension for forcing them to get a warrant, called a refusal, is much longer than if you comply. Under implied consent laws (laws that state you agree to BAC testing by driving), your license will be suspended for a full year. This is called an implied consent suspension, and like the admin per se suspension, it can be commuted to a three-month/nine-month permit. Like the 30/60 permit, this allows driving to work, school or a doctor for the last nine months and requires an alcohol screening. You’ll also need an SR-22. An SR-22 will increase your insurance rates and allow your insurance company to “rat you out” if your insurance ever expires.

Click Here to Get a Free Consultation with a DUI Lawyer

As an additional requirement, you’ll have to put an interlock device or breath-testing device on your car’s steering wheel. In order to start your car or continue driving it, you’ll have to blow into this device every 15 minutes. If you fail to blow into it every 15 minutes, your engine will turn off. Every 90 days, you’ll have to take the car in to have the chip in the interlock or breath-testing reviewed to make sure you never blew above a .020 BAC. This BAC requirement has built-in leeway to account for alcohol that may be contained in medicines or absorbed through methods other than drinking. It’s below the BAC most people blow after a single drink, so if you have any drinks and drive, you’ll fail the review.

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Arizona DUI Defense: No Reasonable Suspicion to Stop

Law enforcement personnel must have “reasonable suspicionto stop and/or detain a motorist. Absent this, any resulting arrest is “pre-textual” and any charge(s) are subject to summary dismissal. Moreover, any evidence obtained is inadmissible in a court of law.

“Lack of reasonable suspicion to stop” is a valid legal defense to a DUI charge. As the label implies, “reasonable suspicion” requires a rational basis. Race, physical appearance, dress, or mere presence in a particular area is insufficient legal grounds for reasonable suspicion or detention. Rather, police must have some specific objective factual basis to suspect criminal activity. Thus, the fact that you were driving in an area where there are many bars during the wee morning hours does not, by itself, constitute reasonable suspicion to stop.

David Cantor explains the DUI Defense, No Reasonable Suspicion to Stop:

Arizona’s controlling legal precedent on reasonable suspicion to stop is a case called Livingston v. State of Arizona. In that case, officers from a specialized drug task force claimed to have seen the defendant weave six inches across the yellow line three times. At the time, the motorist was driving through a large curved area of highway near Globe, Arizona at about 50 miles per hour. During the subsequent vehicle stop and search, officers found several hundred pounds of marijuana.

The court later rejected the officers’ “hunch” based on the motorist’s alleged erratic driving and race as insufficient legal justification to reasonably suspect illegal activity. Consequently, it ruled the initial stop “pre-textual” and dismissed the entire case.

We frequently see similar scenarios in DUI cases. For instance, a common situation involves an officer staked out near a local bar who claims that our client weaved in the road, made a California stop, or improper turn. We are able to get many of those DUI charges dismissed due to lack of reasonable suspicion to stop. See the “Victory” section for details about specific cases we have won in such instances.

Contact us today via email or phone for a free initial consultation and expert case evaluation. DM Cantor is available 24 hours a day by calling (602) 307-0808 or via our secure and confidential web form.


Aggravated DUI with Child in Car – Arizona DUI

A DUI with a child in the car is referred to as “Aggravated DUI with Kid in Car”. This is a felony charge and carries more severe penalties than a typical misdemeanor DUI charge in Arizona.

In this short video, David Cantor explains what an Aggravated DUI with Kids in the Car means:

If you are stopped for a DUI with a child in the car under the age of 15, you will be charged with an Aggravated DUI and will usually be arrested on the scene. Your car will be impounded, and either a family member or Child Protective Services will be contacted to take the child home.

Depending on the results of the blood or breath test and if you do not have a prior DUI conviction, you can be sentenced to as little as 10 days in jail or as many as 45 days. Fines and jail costs range from $1,667 for a typical conviction to nearly $7,000 for a Super Extreme DUI with a blood or breath test blood alcohol content registering .20 or higher. The penalties are increased for a driver with prior DUI convictions, especially if the conviction occurred within the last seven years.

You will also lose your driver’s license for one year. If you choose to drive once your license has been reinstated then you will be required to have an Interlock Ignition Device installed on the car’s steering wheel at a cost of $1,200 per year ($2,400). This device requires a driver to blow into it in order to start the car and requires that the driver continue to blow into it every 15 minutes while the car is in operation. Every 90 days, you will be required to go to an interlock facility to have the device’s chip downloaded, in order to verify that you have not driven the vehicle with alcohol in their system.

Also, you will be required to have an SR-22. Under this high-risk auto insurance provision, the insurance companies report the driver to the DMV any time there is a lapse in coverage. The SR-22 policy is usually $500 per year and required for 3 years ($1,500). If you choose to continue to drive you can also expect an increase in your car insurance premiums. The average premium increase after a DUI conviction is $3,000 per year for 3 years ($9,000).

If convicted of any felony DUI, expect to lose any professional licenses, the right to vote, and any gun licenses. If you are engaged in a child custody dispute, you will be presumed unfit as a parent based on this conviction.

DM Cantor has been successful in many Aggravated DUI cases with children in the car. We can and will work to have the charges reduced to a regular misdemeanor DUI in order to avoid the more severe penalties that come with a felony conviction. Call (602) 307-0808 today to schedule a free initial consultation. The consultation will take about 30 minutes and will allow us time to review your case. Our offices can be reached 24 hours a day via email or by calling us at (602) 307-0808.


DUI Defense: No Actual Physical Control

The DUI law in Arizona used to read that any intoxicated person sitting in a car with the keys in the ignition is in “actual physical control” of their car. However, in 1995, David Michael Cantor took the case, State vs. Love, to the Arizona Supreme Court in order to change the law. He argued and won the case. Since 1995, the definition regarding whether a person has actual physical control of their vehicle while intoxicated depends on a totality of the circumstances. For example, if a person pulled over and stopped only to turn the air conditioner or heater on, then they cannot be charged with being in physical control of their vehicle. Other situations where a person would not be in “actual physical control” of a vehicle would be if a person is sitting in the car and waiting for a ride, or if an intoxicated driver is “sleeping it off”. David Michael Cantor has argued and won countless cases pertaining to individuals being charged with DUIs.

Watch this short video about the DUI Defense, No Actual Physical Control:

Each case is different, but our firm is very good at defending DUI cases. We defend individuals who may not have been in actual physical control of their vehicles during their brief intoxication. Some of the possible indications of the ‘No Actual Physical Control’ DUI defense are: if the engine or parking brake were on or off during the arrest; if the car was off the main travel road; if the car was in neutral; and if the car was in a bus pullout, parking lot or outside of a drive-thru. These are instances where attorneys can argue that the individual, though intoxicated, was not in actual physical control of their vehicle because the vehicle was not moving or putting anyone in harm’s way. However, it would be hard to argue if a person was passed out a green light, hit a pole or blew out their tires while intoxicated. This is evidence that the person was intoxicated and in actual physical control of their vehicle prior to passing out.

Get a Free DUI Case Review, Click Here.

If one of these situations applies to you, then contact our offices at 602-307-0808 or send us an email to get a Free Case Consultation. We are ready to discuss your case with you and find the best possible defense for your case.

 

 


Second Offense Misdemeanor DUI Penalties in Arizona

Before you can be charged with a second DUI offense in Arizona, you must have a BAC (Blood Alcohol Content) of .08 to .149 and have a previous DUI conviction on your record. Arizona has a look-back period of seven years after the first DUI conviction. That means your first conviction will remain on your record for seven years. If you are arrested during your look-back period, you will be charged with a second DUI.

Arizona’s DUI laws are strict, and second drunk driving charges are taken very seriously. Compared to the first offense, the second DUI offense carries much stiffer penalties and fines.

Find what you’re looking for? Here are links for 1st Offense Misdemeanor DUI or Third Offense Misdemeanor DUI Penalties.

 

Watch this short video where David Cantor explains the penalties for a Second Offense Misdemeanor DUI in Arizona:


Minimum Possible Penalties for Second Offense Regular Misdemeanor DUI in Arizona

  • 90 days in jail with the possibility of 60 days suspended if Alcohol classes are completed. Minimum jail cost: $2,500
  • Alcohol Screening: $50
  • 36 Alcohol Classes: $585
  • Fines, Surcharges, and Assessments: $3,500
  • 1 year driver’s license suspension, followed by 1 year of Ignition Interlock Device: $1,000 – $1,200
  • 30 hours of Community Service
  • SR-22 Car Insurance Policy $500 per year for 3 years: $1,500
  • Car Insurance Increases up to $3,000 per year for 3 years: $9,000

Grand Total: $18,335 (with car insurance) or $7,835 (without car insurance)


What Happens After You are Charged with a Second Offense DUI?

Because each case is different, there is no right answer to what will happen in your situation. The outcome depends on the circumstances of your arrest and your defense strategy. While you will face jail time, you will not necessarily be ordered to go to jail. The best way to get accurate advice about your case and reduce your damages in court is to give DM Cantor a call to get a Free DUI Case Review.

Call 602-307-0808 now to schedule a free consultation. You can also send us a message using our secure and confidential contact form. Click the following link to review our DUI Case Victories.

To review the other misdemeanor DUI charges in Arizona check these links: 1st Offense Misdemeanor DUI, 3rd Offense Misdemeanor DUI.


Statute of Limitations for Misdemeanor DUI in Arizona

In Arizona, many DUI offenses are classified as misdemeanors. Although the jail time and fines associated with different types of DUIs can vary based on whether it is a first or second offense and depending upon how high the blood alcohol level was, the statute of limitations in Arizona for misdemeanor DUIs remains the same.

Are you looking for the Statute of Limitations for Felony DUI? Click here.

Watch this short video where David Cantor explains the Statute of Limitations for a Misdemeanor DUI in Arizona:

What is the Statute of Limitations for DUI in Arizona?

Under A.R.S. § 13 – 107, misdemeanors in the state of Arizona have a statute of limitations of one year. This statute of limitations requires the State to formally file charges against you within that time period. According to ARS § 13–107 (E), the time limitation does not include any time in which your identity is unknown. The statute of limitations also begins once the State actually becomes aware of the offense. Although this typically means a year from when you are arrested for committing the DUI, there may be exceptions to this.

For example, if you are commit a DUI in Arizona while you are visiting and then leave the state, the statute of limitations will not include the time that you are no longer in the state. According to ARS § 13–107 (D), if you are on the run or entirely absent from the state, the statute of limitations is “tolled.” This means that the time period that the State has to bring charges against you is suspended until you are found or return to Arizona.

Another exception may exist if previous charges against you are dismissed before the time limit has expired. According to ARS § 13–107 (G), a new prosecution against you can begin anytime within six months after the dismissal has been finalized, or at the original one year mark; whichever is longer.

Since the laws regarding the statute of limitations for misdemeanor DUIs in Arizona can be quite complex, if you have questions about impending charges, you should call DM Cantor for a Free Case Consultation. We can be reached by phone at (602) 307-0808 or click here to send us an email using our secure and confidential form.


What to Do if You’re Charged with Underage Drinking and Driving

If you have been charged with Underage Drinking and Driving and you’re a minor, you’re going to require a skilled Arizona Juvenile Attorney.

The main dui defenses for Underage Drinking and Driving are:

  • “No Reasonable Suspicion to Stop” Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other possible unjustifiable reasons.
  • “No Actual Physical Control” If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI, DWI, or Underage Drink and Drive.
  • “No Probable Cause for Arrest” If an officer did not have probable cause that a person had consumed alcohol, then the arrest will be invalidated (i.e. if the Field Sobriety Tests (FSTs) were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:
    • is 50 pounds or more overweight
    • has any back, hip, leg, knee, or ankle injuries
    • has any disability effecting balance
    • is wearing shoes with heels two (2) inches or higher

Click here to learn more about possible defenses and/or punishment for Underage Drinking and Driving.


What to Do if You’re Charged with DUI, DWI or Extreme DUI in Arizona

If you have been charged with a DUI, DWI or Extreme DUI in Arizona, you’re going to require a skilled DUI attorney. There are many defenses to DUI, DWI, & Extreme DUI charges. If Stopped for DUI, DWI or Extreme DUI in Arizona:

DO:

  • Do Ask to speak with a DUI Lawyer in Arizona immediately!
  • Do show your drivers’ license, registration and proof of insurance.
  • Do ask to be released to obtain an independent blood test from a hospital.
  • Do behave courteously.

 

DON’T:

  • Don’t agree to take a Breath, Blood or Urine test until calling and talking with a DUI Lawyer in Arizona!
  • Don’t answer questions or agree to be videotaped.
  • Don’t take the eye test.
  • Don’t admit anything or take coordination tests.
  • Don’t try to talk your way out or be rude.

*These do’s and don’ts apply to most, but not all situations.

Click here to learn more about possible defenses and/or punishment for a DUI, DWI or Extreme DUI in Arizona.


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