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ARS 28-1382

False DUI Breathalyzer Results from Foreign Substances

When you are suspected of DUI and administered a breathalyzer test, there are a multitude of substances that can affect your test results. Even if you have not been drinking alcohol, you can still be arrested if your breathalyzer test registers over the national legal limit of 0.08 percent for blood alcohol content (BAC).

When a proper defense is needed for your breathalyzer test results as part of a DUI case, it is important to get the help of a lawyer as soon as possible. Your criminal defense attorney can help you build a strong, aggressive defense against these charges.


What Causes Breathalyzers to Register Positive for BAC?

When you have not been drinking, but have a positive result for BAC during a breathalyzer test, there are several things that may have caused this “false positive.” These include asthma inhalants, administered by patients directly through a device much like a breathalyzer, called an inhaler. (more…)


Best Tempe DUI Defense for Charges of Driving Under the Influence

Tempe DUI Lawyer Defense

With students back in school and part-time residents – or “snowbirds” as the locals might say – are slowly starting to arrive, Tempe restaurants, late-night clubs and local watering holes will be seeing an increase in customers consuming alcohol. In return, the City of Tempe DUI Task Force will be in full effect as well. In late August, there were already 147 DUI arrests near the ASU campus.

Getting a DUI charge in Tempe can be a very frightening process. You may feel fear over the potential consequences of your charges and a possible DUI/DWI conviction. To fight the charges, you also have to find the right criminal defense lawyer to ensure you don’t suffer maximum penalties.

DM Cantor’s DUI defense attorney team has the extensive experience of the DUI laws in Tempe and the defense know-how that you need on your side. You may have been arrested as part of a Tempe traffic stop or a DUI task force action. Either way, our team will work tirelessly to defend you against your charge of driving under the influence to ensure that the penalties are dismissed or reduced, altogether. (more…)


Can I Refuse a Field Sobriety Test when Pulled Over for DUI?

Whenever a driver is stopped under suspicion of DUI, the law enforcement officer asks if the driver is willing to submit to a Standard Field Sobriety Test. There are reasons to refuse this test. In most cases, these tests are voluntary and an officer’s request does not require people to take them in most situations.

These tests can be difficult to pass for even non-intoxicated individuals. If the test is not successfully passed, law enforcement can use the failure as incriminating evidence in a case against you. It is always best to refuse to take the test and gain the help of a DUI Arizona defense attorney for any ramifications of the refusal or the roadside stop, itself.

Refusing to take a field sobriety test may be misconstrued as an admission of guilt. But a DUI defense attorney can explain the refusal away as part of a defense case for a DUI violation trial. By refusing a field sobriety test, you are not providing law enforcement with any new evidence of driving while under the influence, aside from an initial admission of guilt. By not taking the test, the potential of self-incrimination is reduced. (more…)


How Manslaughter or Murder Charges are Determined in a DUI Accident

Drinking and driving can result in a DUI accident. These tragic accidents can lead to fatalities that are devastating to everyone involved, especially the loved ones left behind. Death of a loved one in an accident is a huge loss to deal with, even for the driver of the vehicle that caused the accident.

The driver may feel guilty, ashamed and terrified of how the accident will affect his or her future. Criminal charges, such as DUI vehicular manslaughter / vehicular negligent homicide, are often filed in these cases. What type of charges will be filed is determined by the circumstances surrounding the fatality and other aspects of the accident. There are many factors involved that can affect these charges. (more…)


Common Consequences of a DUI or DWI

Consequences of a DUI or DWI

Most states have taken a strong stance against drunk/intoxicated driving in the past two decades, and the enhanced penalties mean that a conviction for driving under the influence can create both short and long-term problems after the fact. Even a first conviction for DUI can result in automatic jail time and a license suspension, as well as significant fines and expenses related to court ordered drivers education. In addition, the conviction record generally stays on the defendant’s criminal history for up to 10 years in many states, and any subsequent arrests and convictions will lead to even harsher penalties. This is especially true when there are aggravating circumstances. When all things are considered, it can be vital to retain an experienced and aggressive criminal defense attorney to represent your case even in an apparently simple case because evidence can often be contested. (more…)


Is an Extreme DUI the same as an Aggravated DUI in Arizona?

Extreme DUI vs Aggravate DUI in Arizona

Extreme DUI vs. Aggravated DUI in Arizona

In Arizona, being charged with driving under the influence of drugs or alcohol (DUI) is not as simple as one set of charges and penalties. There are a multitude of factors that can lead to felony charges when you are pulled over for a DUI. A DUI in the state of Arizona can be considered “extreme” or “aggravated,” beyond just a regular DUI case.

Extreme DUI penalties in Arizona are determined according to the severity of the crime, with a DUI rated as a regular misdemeanor, an aggravated DUI or extreme DUI.

Some of the possible penalties of a conviction for driving under the influence (DUI) include: (more…)


Charged with DUI in Arizona with Suspended License

Arrested for DUI in Arizona

Driving under the influence of drugs or alcohol while your license is revoked, canceled, suspended or refused in the state of Arizona is considered an Aggravated DUI charge, as specified in Arizona Revised Statutes, ARS 28-1383(A)(1). There are a multitude of reasons why an individual’s license may have been revoked or suspended, including the below:

  • Driving under the influence (DUI) – ARS 28-1381
  • Extreme and super extreme DUI – ARS 28-1382
  • DUI involving serious injury or death – ARS 28-1385
  • Other reasons, as enough points are incurred against the driver’s license

If you are caught driving with a suspended license while under the influence, it is very important that you immediately contact an attorney who knows Arizona law and can help you defend yourself in court. These are serious issues with serious penalties for which you will need the help of a good criminal defense lawyer. (more…)


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.

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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.

(more…)


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