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ARS 28-1383

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.


DUI Attorney and Dealing with the DMV in DUI Cases

A DUI attorney can guide you through the complex process of dealing with the Department of Motor Vehicles in cases involving DUI, DWI and Extreme DUI charges. This article will discuss the process of dealing with the DMV in regards to DUI cases and how a DUI attorney can help you understand this difficult process and assist in guiding you through this process.

Blood and Urine Cases:
If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your results come back above or below a .08%. It usually takes anywhere between one (1) and six (6) months to get your results back. If your blood results are above a .08% the officer will forward a request for suspension to the DMV office.

The DMV office will then notify you with a “Corrective Action Notice” (i.e., notice of suspension). The moment you receive this from the DMV, contact a DUI attorney immediately so they can request a hearing on your behalf. This request needs to be done within fifteen (15) days of the date of that suspension notice. What can be confusing is that the Corrective Action Notice will state that the suspension will not go into effect until twenty (20) days after mailing of the notice. Do not let them fool you with this extra five (5) days; you must request a hearing within the fifteen (15) day period.

If you are pulled over by an officer after a DUI attorney has requested a hearing, you will not have a yellow copy of a temporary driver’s license in your possession. His computer should reveal that they have requested a hearing on your behalf. If he still writes you a ticket for driving on a suspended license, do not panic. Simply bring it to they DUI attorney and they will take care of it. If he arrests you for driving on a suspended license, you can sue the DMV for not imputing the hearing request into the computer (assuming you were not already suspended prior to your DUI, DWI, or Extreme DUI arrest).

Prior to the actual DMV hearing, if you have retained a DUI attorney, they will have you in for a “Pre-DMV consultation”. At this consultation, a DUI attorney will go over the police report with you in detail and discuss whether it will be necessary for you to appear at the hearing or not. The DUI attorney will also discuss various options regarding whether to “Void” the suspension, or whether to actually “Stipulate” to the suspension in order to receive a “Work Permit”. This will also have ramifications nullifying any potential future suspension with regards to the first offense situations which could result from the criminal case. All of this will have to be discussed one-on-one with a DUI attorney.

Insurance – Additional Punishment for DUI, DWI, Extreme DUI
Until DUI, DWI, or Extreme DUI guilt is established, an insurance company should not–although some do–cancel your insurance coverage. If convicted of a DUI, DWI, or Extreme DUI, you will either be unable to get insurance coverage or you will pay roughly $3,000 or more a year, for the next three (3) years, above your current rate.

Some Final Realities on DUI, DWI, Extreme DUI
DUI also includes driving under the influence of drugs. DUI, DWI, & Extreme DUI charges are filed thousands of times every year against people from all walks of life. These charges are serious, but defensible, with assistance from a DUI attorney experienced in DUI, DWI, & Extreme DUI law.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about a DUI Attorney, visit our site.


DUI Defenses for a DUI arrest in Arizona

If you have been charged with a DUI in Phoenix, you’re going to need a skilled DUI Defense Lawyer.

There are many defenses to DUI, DWI, & Extreme DUI charges. Don’t believe the prosecutor – there are very few hopeless cases. A DUI or DWI conviction has lifelong consequences and, depending on the facts surrounding the individual case, Dismissal or Acquittal is possible. In fact, here is a list of possible defenses for DUI in Phoenix:

  1. No Reasonable Suspicion to Stop
  2. No Actual Physical Control
  3. No Probably Cause for Arrest
  4. Denial of Right to Counsel
  5. Inaccuracy of Breath or Blood Testing Device
  6. Retrograde Extrapolation below .08% BAC at Time of Driving

There are many ways in which a criminal defense lawyer can help with a DUI in Phoenix. One is to challenge the facts of the case and possibly have the charge thrown out or reduced. Are you ready to stand before a judge to conduct trial? When you hire a DUI Lawyer you get the power of a team of people, including a lawyer, paralegal, and other support staff.

Click here to see a list of our DUI case victories.

At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our DUI Lawyers in Phoenix know the system well. It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled DUI Lawyer in Phoenix, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its DUI Lawyers in Phoenix are listed in the Bar Register of Preeminent Lawyers®. For a free initial consultation, call us at 602-307-0808, or contact DUI Lawyer David Michael Cantor.


DUI Attorney Arizona Gets DUI Case Dismissed Due to a Miranda Rights Violation

According to court records, DUI Attorney Arizona David Michael Cantor’s office was able to convince a Globe Regional Justice Court judge to dismiss a DUI case due to the officer’s improper reading of the clients Miranda rights.

In the case of State v. Gaona (Globe Regional Justice Court Case No. TR2008002096) Gaona was arrested for an alleged DUI violation. Gaona’s original stop was due to his license plate light being burned out. He participated in only one field sobriety test, on which he performed well, and the officer administered an eye test, which he was not certified to administer. Gaona was arrested and was not told that he had the Constitutional right to speak to an attorney, which is standard in all Miranda rights readings.

At the hearing the officer never identified Gaona in court as the person who he had stopped. When the State was finished presenting their evidence, an associate of DUI Attorney Arizona David Michael Cantor made a Motion to Dismiss the case based on lack of identification and improper administration of Miranda rights. The judge agreed and the entire case was dismissed.

“This is why it is important to make sure that the prosecutors and the police officers check every single box when dealing with a defendant’s rights,” said Arizona DUI Attorney David Cantor. “In this case they failed to do so and as a result we were able to get Mr. Gaona’s case dismissed.”

DM Cantor enjoy an excellent reputation as DUI Attorneys in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about DM Cantor visit DUI Attorney Arizona.

About DM Cantor

DM Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.


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