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ARS 28-1383

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…)


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 “pretextual” 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 “pretextual” 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.

The Law Offices of David Michael 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.


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