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ARS 28-1383

Denial of Right to Counsel – Arizona DUI Defenses

Denial of right to counsel is an important defense for DUI cases. When being arrested, you always have a right to legal counsel, but it is particularly vital in the case of a DUI arrest. If you are prohibited from talking to an attorney which prevents you from obtaining his advice, your body will naturally eliminate the evidence of blood alcohol content that can be used for or against you. The police may tell you that your blood alcohol content is above the legal limit, but it may not be; in the meantime, your body is burning off the alcohol, making the determination more difficult.

David Cantor explains the DUI Defense of Denial of right to counsel:

The key cases on this issue are Holland v. State of Arizona, Juarez v. State of Arizona, McNut v. State of Arizona, Edwards v. State of Arizona and the latest one, Penney v. State of Arizona. In Edwards v. State of Arizona, which went up to the United States Supreme Court, Mr. Edwards said, “I think I should talk to a lawyer.” The Court said that was equivocal, or ambiguous, and Mr. Edwards needed to be unequivocal when requesting a lawyer. Instead, Edwards should have said “I want to talk to a lawyer” or “I need to talk to a lawyer.” The minute you say this, the police have to get you to a phone and a phonebook in a private area so you can talk to a lawyer.

The Holland v. State of Arizona case deals with eleven specific questions a lawyer will ask you. These include, “what did you drink?”; “when did you start drinking?”; “when did you stop drinking?”; “when was the last time you ate?” Certain information needs to be known so the lawyer can approximate what your blood alcohol content will be so you can decide whether to submit to a blood or breath alcohol test. The attorney will also be able to tell you to request to be released in order to get an independent chemical test at a hospital.

The additional guidance a lawyer can provide is important. A lawyer can tell you not to answer any further questions, not to do any further physical tests, and probably get a blood or breath test because the police will likely get a warrant for it and get a test by force. But if you’re stopped for a DUI and you request a lawyer but were not given a lawyer or the police were not quick to respond, contact our firm. You can set up an appointment at www.DMCantor.com or call 602-307-0808 at any time to get a Free Case Review. An initial consultation is free and takes just 30 minutes.

Be sure to visit our DUI case victories for a sampling of DUI cases we’ve won in Arizona.


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.


First Offense Extreme DUI Misdemeanor Penalties in Arizona

In the State of Arizona any DUI with a blood alcohol content (BAC) of .150 to .199 is an Extreme DUI (A.R.S. §28-1382). The Extreme DUI charge will be considered a first offense, assuming you don’t have any prior DUI convictions in the last 7 years.

Are you looking for something different? Here are the links for 2nd Offense Extreme DUI and 3rd Offense Extreme DUI in Arizona.

Here’s a short video of David explaining the punishments for 1st Offense Extreme DUI in Arizona:

The consequences of a First Offense Extreme DUI is 30 days in jail, although 21 days can be suspended if you install an ignition interlock device. If not, the 30 days in jail will cost you $2,500. The fines and surcharges are $2,787, and the screening for substance abuse classes is $50. The court can give you between 16 and 36 hours, but it is almost always 36 hours, and the costs are $585. You will also lose your license for a minimum of three months, and when your license is reinstated you will need to get an ignition interlock device if you haven’t already, which you have to blow into every time you start your car and every fifteen minutes thereafter. That costs $1,000 to $1,200, and you have to take the device in every 90 days so the data can be downloaded and analyzed to ensure you have not been driving with alcohol in your system.

You will also need to maintain an SR-22 insurance policy, which is a special type of high-risk insurance where the insurance company contacts the DMV should your insurance lapse at any time. The SR-22 insurance costs $500 per year, and you need to maintain it for three years, totaling $1,500. In addition to that, your insurance will go up $3,000 per year for the next three year – that’s another $9,000.

After receiving a First Offense Extreme DUI if you simply avoid driving and take public transportation, you will still have to pay $7,122 to the government and state agencies. If you decide to continue to drive once your license has been reinstated, you will have to pay a total of approximately $17,622 over three years.

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If you have a CDL, or commercial driver’s license, you’ll lose it. If you’re a doctor, nurse, pilot, lawyer, have a real estate license, an SEC license, government, military – it’s going to affect your job, especially if you do outside sales. For insight into how DM Cantor can help you, browse the victory section on our website, DMCantor.com, to see how our firm gets cases dismissed completely or reduced from an extreme DUI to a regular DUI, which saves thousands of dollars and 29 days in jail. In some cases, extreme DUIs can be reduced to reckless driving, which requires just a fine.

Hiring a lawyer to defend a First Offense Extreme DUI charge is crucial, because you don’t want to end up subjected to this harsh punishment:

  • 30 days in jail: $2,500
  • DUI Fines: $2,787
  • Requirement to install an ignition interlock system: $1,200
  • Alcohol Screening: $50
  • Up to 36 hours of alcohol education classes: $585
  • SR-22 Policy $500 per year: $1,500
  • Increase Car Insurance Premiums $3,000 per year: $9,000

If you choose to legally drive after a conviction for a First Offense Misdemeanor Extreme DUI then you are looking at approximately $17,622 in costs associated with the sentence.

If you are faced with these circumstances please give our office a call at (602) 307-0808 to get a Free Case Review. We’re also available 24 hours a day via answering service or by using our secure web form.


Second Offense Felony Aggravated DUI Penalties in Arizona

An Aggravated DUI (driving under the influence) is charged as a felony in Arizona if it is your third such offense within seven years, or your license has already been revoked or suspended at the time you were stopped for DUI. A second offense Aggravated DUI occurs if you are picked up on a drunk driving charge and you have any prior felony. It does not have to be a DUI felony and it could have happened 20 years ago.

Watch this short video where David Cantor explains the punishment for a 2nd Offense Felony DUI in Arizona:

A second offense Aggravated DUI is a very serious offense in Arizona. Like child molestation, such a charge is “forever allegeable.” That means a conviction for aggravated DUI can be forever used against you and could be cited as “prior felony conviction” if you are once again charged with any felony.

A conviction of second offense Aggravated DUI in the State of Arizona can mean: 2.5 to 7.5 years in PRISON. You will lose your driver’s license for at least 3 years. In addition, if you decide to regain your license after three-year suspension, you must install an ignition interlock device for a two-year span at a cost of $2,000 – $2,400 to you. This device hooks onto the steering wheel, and you must blow into it in order to start your car. You also have to blow into it every 15 minutes to keep the car running. Every 90 days, you are required to take your car to have the interlock device tested to determine if you have been drinking and driving during that period.

Your car insurance provider will require an SR-22 policy in order to insure you, and that will cost $500 per year for a total of $1,500 over 3 years. Your auto insurance costs after an Aggravated DUI will increase at least $3,000 per year (for 3 years) for a total increase of $9,000. In addition, if you have a professional license, a gun license, or military job, you will lose it. You will even lose the right to vote.

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Let’s review the consequences of a conviction for a 2nd Offense Felony Aggravated DUI in Arizona:

  • 2.25 to 7.5 years in PRISON, 4 years in Prison is the average sentence
  • Driver’s License Revocation 3 years
  • Interlock Ignition Device: $2,400
  • SR-22 Insurance Policy $500 per year for 3 years: $1,500
  • Car Insurance Policy increase $3,000 per year for 3 years: $9,000

An Aggravated DUI is a very serious charge in the State of Arizona. If you or a loved one is facing these charges, give us a call at (602) 307-0808. We may be able to reduce the charge to a first offense DUI, which means less jail time, shorter loss of license, and fewer penalty costs. View our DUI Case victories to see a sampling of the results we’ve gotten for our clients. Call or email us for a free evaluation of your case today.

Click one of the following links for more information on different DUI charges: First Offense Aggravated DUI, First Offense Super Extreme DUI, Second Offense Super Extreme DUI, First Offense Misdemeanor DUI, Second Offense Misdemeanor DUI, Third Offense DUI.


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.

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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 Super Extreme DUI Misdemeanor Penalties in Arizona

In this short video, David Cantor explains 2nd Offense Super Extreme DUI Penalties in Arizona:

What is a Super Extreme DUI? Technically, in Arizona, we have an Extreme DUI, which is Blood Alcohol Content (BAC) of .15 up to .199, but there’s an enhancement provision in the statute: if you have a .20 BAC or above, according to A.R.S. §28-1382(D)(1) that’s called a Super Extreme DUI. Additionally, if you have a DUI with .20 BAC or higher, and you have one prior DUI in the last seven years, then you are subject to these following consequences and mandatory minimum penalties:

  • You’ll be facing 6 months in jail. That’s 180 days in jail with none of them suspended, meaning you have to serve every one of those days. The jail costs will be $14,500, and the fine and surcharge on top of that will be $4,649.
  • You will be required to do a substance abuse screening, and whatever classes they recommend. It is $50 for the screening. The 36 classes are the minimum, and they cost $585.
  • As far as the license suspension, you’ll get a one year license suspension, and then for the next two years after you get your license back, you’ll be required to have an ignition interlock device on your steering wheel, which will run $2,000 to $2,400 over that 2 years. Now, what is this device? It’s a breath testing device that you have to blow into on your steering wheel to start your car, and every 15 minutes after it’s running, you have to blow into it again to keep it running. Then, every 90 days, you’ll have to take it down and get it tested. They will download the chip to make sure that you haven’t been driving with alcohol in your system.
  • On top of all of that, your increased insurance costs will be $3,000 a year higher than it is now for the next 3 years, so that’s $9,000 in increased insurance costs. And the SR22 requirement, which is a reporting provision, where the insurance company will tell the DMV if you don’t maintain insurance. This will run you $500 a year, or $1,500 over your next 3 years.
  • Lastly, they will require you do 30 hours of community service.

So, if you are stopped and convicted of your Second Offense Super Extreme DUI A.R.S. §28-1382(D)(1), then served your 6 months jail time, paid your $14,500 in jail costs and another $4,600 in fines, and said “I will just take the bus,” it will still cost you $21,684 over the next 3 years. And if you do want to drive and decide to get insurance, add $9,000 on top of that. Now you’re up to $30,000, this is very serious stuff! Other repercussions: if you have a CDL, it will be gone, if you’re a doctor, nurse, pilot, lawyer, if you have a real estate license, if you’re a government or military, you will probably lose your job, lose your clearance, and lose your professional status.

Please visit our Case Victories section and you’ll see that we’ve handled thousands of these and many times we can prevent admission of the prior conviction, which means 180 days drops down to 45 days. Not only blow up the prior, but potentially reduce a super extreme or an extreme DUI to a regular DUI. Now jail time drops all the way down to 1 day in jail. Our firm has done this numerous times. So, if this applies to you, or a loved one, go to our site, fill out a contact form or give us a call at (602) 307-0808 and we will set-up a free initial consultation with you. Give us a call and we’ll take good care of you.

 

 


A.R.S. §28-1382 – Super Extreme DUI Arizona: 1st Offense Penalties

Driving under the influence is a dangerous thing to do, especially if the person driving is extremely drunk. If you or someone you know lives in Arizona, it’s a good idea to research the consequences of a first offense super extreme DUI (A.R.S. §28-1382) before anyone does something they’ll regret.

Watch this short video of David Cantor explaining the First Super Extreme DUI Penalties:

Super Extreme DUI: Penalties

What are the penalties for a Super Extreme DUI in Arizona? First, a DUI is considered “super extreme” if the blood alcohol content of a driver is 0.20 or more. If you get convicted of a super extreme DUI and have not had any other DUI convictions within the last seven years, you’re mandatory minimum sentence will be 45 days in jail. You’ll also have to pay back jail costs of at least $3,750 and additional fines of $3,244. You will then have to pay $50 to have a substance abuse screening, plus another $585 so you can take 36 alcohol abuse classes.

For three months after you’re convicted, you won’t be able to drive. Once you get your license back, you’ll have to have an ignition interlock device hooked up to your car, which can cost anywhere from $1,500 to $1,800. This means you’ll have to do a breath test every time you start your car and in 15 minute intervals if you’re driving for longer than a quarter of an hour. An SR22 policy is also required. You’ll have to pay a $500 fee every year for three years (for a total of $1,500) so your insurance agency can contact the DMV if you somehow stop being insured. Speaking of insurance, yours will go up $3,000 for each of the next three years because of your conviction (for a total of $9,000!).

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A lot of these fees are only applicable if you decide you want to drive after you get your license back. If you decide to forego driving for a few years, you will still owe $9,429 for your DUI. It’ll be much more if you decide to own and insure a car – $19,929.

The State of Arizona is very strict when it comes to driving under the influence. Even if you think you’re capable to drive, just remember that $20 for a taxi is much better than paying the state and your insurance company $20,000(!!) once you are convicted of a DUI in Arizona.

The only way to reduce the fines and penalties is to fight the DUI with the help of a DUI Defense lawyer. To get a Free Consultation for a Super Extreme DUI in Arizona, call DM Cantor at (602) 307-0808 or send us an email. Our offices are available 24 hours a day.

Click here, to view our DUI Case Victories.

 

 


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