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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.

That covers the DMV components of a DUI. What’s our advice if you get pulled over while driving and you’re facing a DUI with a CDL? We always advise people that, if they’re in their own, personal vehicle, they should submit to a blood, breath or urine test if they’ve never been cited with a DUI before. On the second offense, if it’s within seven years of the first offense, we also advise people to submit to the test because you’re still eligible for the restricted driving permit. In the case of a third offense, while driving on a suspended license, or if you have someone under 15 years of age with you, don’t submit to the test. If any of those conditions are met, the DUI offense becomes a felony instead, and it’s better to make the police get a warrant before submitting to a blood, breath or urine test.

If you have a clean record and you’re in your own, personal vehicle you’re likely to get hit with a one-year CDL disqualification if the DUI is upheld (read more information about: Arizona DUI Penalties and Arizona DUI Fines) . What exactly does that mean? Your Class A license will be downgraded to a Class D, or regular driver’s license. As long as you adhere to the terms of your 30/60 permit, you can apply to have your Class A status reinstated after one year. But, there’s a kicker: if you are convicted of a DUI at any time after you started your CDL suspension but before the one-year disqualification period is up, that period starts over again. The conviction could come three months, six months, or a year and a half after the initial date of disqualification. It doesn’t matter; the disqualification period will be reset.

Because of the one-year disqualification, it’s important to try to beat the Phoenix DUI charge and suspension. An experienced Phoenix DUI attorney, like the attorneys at the Law Offices of David Michael Cantor, are familiar with the laws and can help you try to avoid a conviction and lengthy CDL suspension.

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The advice we try to always give people, if they’re stopped for a DUI with a CDL, is to give the same answer to police no matter what question they ask: “I’m not going to answer any questions or take any test until I talk to my lawyer.” It doesn’t matter if they’re asking whether you’ve been drinking, if you robbed a bank, or if you killed 10 people, the answer you give should always be the same. By giving police this answer, you’re telling the truth and haven’t confessed to any crime. Instead, give us a call and we can provide more specific guidance based on the exact nature of your situation.

Even before getting pulled over, take my advice if you’re out, you’ve been out drinking and you have a CDL: the instant you order a third beer or third any kind of drink, commit to calling a cab or arranging for UBER or a friend to pick you up. Don’t risk a Phoenix DUI. Driving is your livelihood. Even a short CDL suspension can cause serious financial problems on top of the costs of the DUI, and it’s not worth the risk.

If you’ve been charged with or arrested for a DUI with a CDL, or a friend or loved one has found themselves in this situation, give us a call. We’re happy to meet with you for free. The consultation doesn’t cost anything but 30 minutes of your time, and we’ll go over every detail of your case, from top to bottom, in our office. We can answer questions and concerns about how CDLs are affected by DUI allegations and help you make the best choices for your career and livelihood.

What are my Options After a Conviction?

Just because you have been convicted of a crime does not mean that you have lost your case entirely. There is a Post Conviction Issues/Appeals process that seeks to overturn your conviction or modify the terms of a sentence. If you have lost civil rights due to a conviction, such as the right to vote, these right can sometimes be restored. An experienced criminal defense attorney can appeal your case in order to seek a more favorable outcome.

Post Conviction Relief Arizona: Filing PCR Petitions:
If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with public defender cases); newly discovered evidence has been found which supports his innocence; or there has been a substantive change in the law, then he can file a “Post Conviction Relief Petition” (PCR).

Read more on Post Conviction Relief in Arizona.

You are here:Home » Post Conviction Issues/Appeals » Appeals
Appeals David Michael Cantor Free Consultation 602-307-0808 Phoenix Arizona LawyerA Defendant has 14 days from the date of their sentencing to file a “Notice of Appeal”. Also filed along with that is a “Designation of Record”. This will designate all of the documents and court reporter transcripts which will be necessary for the appeal. The higher court then issues a “Briefing Schedule” which gives time limits on when the “Appellant’s Brief” is to be filed.

Read more on Appeals.

Habeas Corpus:

“Habeas Corpus” is a Latin term for “that you have the body”. A Writ of Habeas Corpus is a motion which is filed most frequently to ensure that a Defendant’s imprisonment or detention is not illegal. It is sometimes used to test the legalities of an arrest or a commitment.

Read more on Habeas Corpus.

Sentence Modifications:

A “Motion to Modify Sentence” or “Motion to Modify Probation” can be filed at any time after the original Sentencing has occurred. Sometimes this can be as simple as asking for monthly probation fee or restitution fee to be reduced due to the financial hardship on a Defendant. Other times, it can include the deferral or deletion of jail time which was scheduled to begin at a future date.

Read more on Sentence Modifications.

Petition for Early Termination of Probation:

It is possible to terminate the probation in many cases when the Defendant has served approximately 50% of his probation term. In some cases, this can be done at a much earlier date. In fact, we have had numerous cases where a person has been placed on “lifetime probation” and we have had them terminated at a much earlier date (in one case, after a mere year and a half (1.5 years) from the date of sentencing).

Read more on Petition for Early Termination of Probation.

Expungement / Restoration of Civil Rights:

In Arizona, there is no such thing as a “Expungement”. However, Arizona does provide for what is known as a “Judgment of Guilt Set Aside” and a “Restoration of Civil Rights”. In essence, if the Judge grants the Motion to Set Aside Judgment of Guilt, then a Defendant can tell people that he has not previously been convicted of a crime.

Read more on Expungement / Restoration of Civil Rights.

Arizona Rule 32:

Under rule 32 of the Arizona Rules of Criminal Procedure, an individual may appeal a conviction for one of three reasons: ineffective assistance of counsel, newly discovered evidence, or substantive change of law. Ineffective assistance of counsel refers to situations in which a defendant’s lawyer provided unprofessional or substandard representation that materially affected the outcome of the court proceedings. It is not enough to prove that a defendant received poor representation; you must also prove that the outcome of the case would have been better had you received more effective counsel.

Read more on Arizona Rule 32.

If there is an avenue for an Appeal of your case or a way to modify the terms of a conviction, the Cantor Criminal Defense Attorneys will find it and utilize it to your benefit.

The Cantor Arizona Defense Lawyers Team – BEYOND AGGRESSIVE!!!

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Defense Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it’s lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.

The Criminal Defense Attorneys on the Cantor Team offer BEYOND AGGRESSIVE legal defense for Appeals and Post Conviction Relief issues in all courts in the Phoenix metro area, including Scottsdale, Mesa, Tempe, Glendale, Goodyear, Chandler, Gilbert, Fountain Hills, Buckeye, Avondale, Paradise Valley, Peoria, Surprise, Sun City, El Mirage and in all city, state and federal court jurisdictions throughout the State of Arizona.

Contact The Law Offices of David Michael Cantor and speak to an Arizona Defense Lawyer about your case. We will assist you with your Post Conviction Issues.

Man arrested second time for stabbing stranger in Phoenix

PHOENIX – 27-year-old Christopher Gale was arrested on Sunday for a second time on suspicion of aggravated assault and attempted first-degree murder. The incident took place at a Phoenix Walgreens store.

According to police reports, the crime actually occurred in September 2013 when Gale stabbed a stranger using an eight-inch knife he had bought from a Walmart store just a few hours before the stabbing. He went to a Walgreens store about four miles away from the Walmart store, approached a woman who was shopping and stabbed her in the neck from behind. The woman started screaming and an armed off-duty federal agent, who happened to be in the store, ran over from the checkout line where he was standing and pulled the weapon away from the woman and ordered Gale to get on the ground and put the knife down.

Gale was arrested for a previous crime but was found incompetent to stand trial for the charges he was facing. The charges against Gale were dismissed in May 2013 by a court commissioner and he was ordered to receive treatment at a psychiatric facility which he did. After his release from Desert Vista Behavior Health, a mental health facility in Mesa, Gale was subsequently arrested for the stabbing. According to the court documents, when Gale stabbed the woman at the Walmart store, she turned around to face her attacker who told her, “I’m killing you to save the world.”

The woman suffered a puncture wound which needed several staples. She was able to push away her attacker.

Gale later told the police that he bought the eight-inch knife to “stab and kill” someone.

According to Jerry Cobb, a spokesman for the Maricopa County Attorney’s Office, it is not yet decided if any charges will be filed again against Gale.

Gale had a run-in with the law in 2012 also when he was arrested on the suspicion of indecent exposure and drug-related offenses. He pled guilty to the reduced charges in that case.

Gale appeared in Maricopa County Superior Court on Friday for an initial appearance and is being held on $1 million bond on charges of attempted first-degree murder and aggravated assault. His lawyer , Roger Margolis, did not immediately return a call Friday for comment. The attorney was appointed on the orders of a commissioner to represent Gale in court.

Online court records did not describe the alleged crimes which Gale is facing. However, the commissioner who ordered Gale to undergo psychiatric treatment said in a May 29 order that Gale was a danger to others as well as to himself. He also said that he is unable to understand the nature of proceedings against him and needed assistance in his defense.


Author Bio:

Law Office Of Mark Rosenfeld provides strong and aggressive legal representation for DUI Cases in Beverly Hills, California.

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