The Ultimate Scottsdale DUI Lawyer (2024)

By DM Cantor, the #1 Ranked DUI Law Firm in Arizona for the last 5 years in as row by Ranking Arizona magazine! (2020, 2021, 2022, 2023, 2024)

134 Complete DUI Acquittals and Vehicular Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single Law Firm!

Plus an additional 3,000 DUI/Vehicular Crime Dismissal and Reduction DUI Case Victories!!

Beware:  Any law firm or Attorney can have DM Cantor’s Scottsdale DUI Attorney website information rewritten by Artificial Intelligence (AI), and then they can post it online as their own “knowledge base.”  But, they cannot falsely list our Jury Trial Complete Acquittals, or our Board Certifications, as their own.  Also, many attorneys claim that they “specialize” in criminal defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

The Best Scottsdale DUI Lawyer Team in Arizona

How do you know who has the best Scottsdale DUI Defense Firm in Arizona?  You start by looking at Experience.  David Michael Cantor is a former Prosecutor, and a highly skilled Scottsdale DUI Attorney who became a member of the State Bar of Arizona in 1989, and began his Arizona legal practice as an Assistant City Prosecutor and DUI Lawyer for the City of Phoenix.

Considered as the Top Arizona DUI Defense Lawyer, he then founded his own Criminal Defense firm and Arizona DUI team, DM Cantor . David Cantor is an experienced Scottsdale DUI lawyer who knows the Arizona DUI laws inside and out and will vigorously fight the Scottsdale DUI prosecutor on your behalf. So, whether you have a single Scottsdale AZ charge, or multiple DUI charges, contact DM Cantor today!

In addition to Phoenix Area Experience, you next specifically look to the Scottsdale DUI Lawyers Defense Results and Certifications.  In addition to David being a Board-Certified Criminal Law Specialist , his two partners (Christine Whalin and Joey Hamby) are also Board-Certified Criminal Law Specialists.  No other DUI Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor .  Click on the link below to receive a list of DUI Defense Questions to Ask when Interviewing a Scottsdale DUI Attorney to represent you in your court case.

Scottsdale DUI Charges and Their Possible Punishments

If you received a DUI in Scottsdale AZ, you need to make sure the Arizona DUI Attorney you hire for legal representation thoroughly knows the potential punishments or DUI penalties you face in Scottsdale Jail. A skilled Scottsdale DUI Lawyer, such as the DUI Defense Attorneys at DM Cantor know not only the aggressive Scottsdale laws and Court regarding First Time DUI offense punishment, but also the harsh ranges for those with prior DUIs. Check below for your DUI charge and its possible punishment.

Regular DUI/Impaired Driving — ARS 28-1381(A1)

Definition:  A Regular DUI (A1) is defined as “operating or being in Actual Physical Control of a motor vehicle while being impaired to the slightest degree.”  It is irrelevant what the blood or breath alcohol content is, or whether the Police even obtained a blood or breath sample.

Regular DUI/BAC(.08 – .149) — ARS 28-1381(A2)

Definition:  The definition of a Regular DUI (A2) with a BAC of .08 to .149 is “operating or being in Actual Physical Control of a motor vehicle with a blood or breath alcohol concentration of .08 to .149”, regardless of whether the driver is impaired at all.

Regular DUI/Drug Impairment — ARS 28-1381(A3)

Definition:  A DUI Drug-impairment case is defined as “operating or being in Actual Physical Control a motor vehicle while impaired by drugs to the slightest degree.”  This is regardless of the amount of drugs, or whether the drugs were legal, illegal, or illicit.

• Legal Drugs include all drugs to which the driver possesses a valid prescription.
• Illegal Drugs are drugs that cause a psychotropic impairment to which there is not a legal prescription.  For example, cocaine, methamphetamine, heroine, etc.
• Illicit Drugs are drugs which prescriptions are available, but the driver did not possess a valid prescription for the drug found in their system at the time they were driving.

First Offense – Mandatory Minimum Punishment for Regular DUI (A1), (A2), or DUI Drugs (A3):  The punishment for both of these charges is the same, whether you’re convicted of one or both of these charges.  The punishment is as follows:

• 10 days Jail/9 suspended with alcohol counseling.
• Driver’s license Suspension for 90 days.
•  Interlock Ignition Device installed for one year.
• Alcohol screening and classes.
•  Fines totaling over $1,500, plus jail costs of $267 for the first day, and $80 monitoring fee if home detention allowed.

Second Offense – Mandatory Minimum Punishment for either Regular DUI (A1), Regular DUI (A2), or DUI Drugs (A3) is the same whether you’re convicted of one or both of these charges, and is as follows:

• 90 days Jail time/60 suspended with alcohol counseling.
•  Driver’s license Revoked for one full year.
•  Fines totaling over $3,500, with jail costs of $267 for the first day, $82 for each additional day (totaling $2,645), and an $80 monitoring fee, if home detention allowed.
• 30 hours of community service.

Extreme DUI/BAC(.150-.199) — ARS 28-1382(A1)

Definition:  The definition of Extreme DUI with a BAC of .150 to .199 is “operating or being in Actual Physical Control of a motor vehicle with a blood or breath alcohol concentration of .150 to .199,” regardless of whether the driver is impaired at all.

First Offense – Mandatory Minimum Punishment for Extreme DUI is as follows:

• 30 days Jail/21 suspended with alcohol counseling.
• Driver’s License Suspension for 90 days.
• Ignition Interlock Device installed for one year.
• Fines totaling over $2,700, plus jail costs of $267 for the first day, $82 for each additional day (totaling $922), and an $80 monitoring fee if home detention allowed.

Second Offense – Mandatory Minimum Punishment for Extreme DUI is as follows:

• 120 days Jail with no days suspended!
•  $3,800 fines plus jail costs of $267 for first day, and $82 for each additional day (totaling $10,025), and an $80 monitoring fee if home detention allowed.
• Driver’s license Revoked for one full year.
• 30 hours of community service.

Super Extreme DUI/BAC .20 and above — ARS 28-1382(A2)

Definition:  The definition of a Super Extreme DUI with a BAC of .20 or higher is “operating or being in Actual Physical Control of a motor vehicle with a blood or breath alcohol concentration of .20 or higher,” regardless of whether the driver is impaired at all.

First Offense – Mandatory Minimum Punishment for Supreme Extreme DUI is as follows:

• 45 days Jail/31 Suspended with Alcohol Counseling
• Driver’s license Suspension of 90 days.
• Ignition Interlock Device installed for 18 months.
• Alcohol Screening and Classes.
• Fines totaling over $3,200, plus jail costs of $267 for the first day, $82 for each additional day (totaling $2,157), and an $80 monitoring fee if home detention allowed.

Second Offense – Mandatory Minimum Punishment for Super Extreme DUI is as follows:

• 180 days Jail with none suspended!
• Fines of $4,700 plus jail costs of $267 for first day of jail, and $82 for each additional day of jail (totaling $14,945) and an $80 monitoring fee if home-detention allowed.
• Driver’s license Revoked for one full year..
• 24 months of Ignition Interlock Device, after license reinstated.
• 30 hours of community service.

Felony Aggravated DUI — ARS 28-1383

Definition:  Felony Aggravated DUI can occur four different ways in Arizona:

• A third offense DUI within 7 years of the first offense;
• A DUI while your license is Suspended, Revoked, or Restricted (even if this is your first DUI);
• A DUI with a child 15 years or younger in the car (even if this is your first DUI);
• A DUI in which you are driving the wrong way on a one-way street (even if this is your first DUI).

Possible Punishment for a Felony Aggravated DUI with a child 15 years of age or younger in the car:  This particular offense is a Class 6 Felony DUI, and can be punished anywhere from a matching Misdemeanor penalty, depending on whether this is your First Offense, and what the blood alcohol concentration is, or, it can be Prison up to 2 years in the Department of Corrections. You will need to get a top Scottsdale DUI Lawyer today if you have been charged with a Felony “kid in car” case.

Possible Punishment for any other type of Felony Aggravated DUI is a Class 4 Felony, and includes the following:

• A minimum of four months in Prison in the Department of Corrections, with a maximum of 3.75 years in Prison.
• The loss of your right to vote, and bear arms.
• Driver’s license Revoked for three full years.
• Ignition Interlock Device being required after your license is reinstated.
• Alcohol assessment and classes.

The penalties for a Second or Third Offense Felony Aggravated DUI in Scottsdale AZ are much more severe, and includes significant amount of Prison time (up to 15 years in the Department of Corrections).  If this is your situation, come in to meet with the Attorneys at DM Cantor as quickly as possible, and meet with one of their Scottsdale DUI Lawyers Today!

MVD Issues Separate From the Criminal Charges

In Arizona, if you receive a  Scottsdale DUI charge, you will have to deal with the MVD.  This is true whether you’re ultimately convicted, or whether the charges are Dismissed.  Once you have been arrested for a DUI, the Officer’s will always ask for, or attempt to obtain, a test of your blood, breath, or urine.

This request will involve a form known under Arizona law as the “Implied Consent/Administrative Per Se Affidavit.”  It is at this point in time that certain time limits come into effect.  Most notably, the 30-day deadline to Request a Hearing.  Below you will find detailed information about the MVD process and how it affects you, whether they cited you on the spot for DUI, or not.

Impounded Car Issues

In Arizona, the Scottsdale DUI Police Officers are allowed by the court to Impound your car if you are arrested for a DUI.  There are, however, Court imposed limitations on how long they can hold your car, depending on the type of charge and your anticipated Blood Alcohol Concentration result.  The specifics of the law are contained in Arizona Revised Statute 28-3511.  Below you will find detailed information regarding how to Request a Hearing that we provide to all of our clients if their car was impounded by the Police, following an arrest for a DUI in Scottsdale.

The 20 Best DUI Defenses in Scottsdale, Arizona

At DM Cantor, we have had an enormous amount of DUI defense success receiving Not Guilty verdicts, or outright Dismissals of Scottsdale DUI charges for our clients using the following Defenses. DM Cantor consists of skilled Scottsdale, Arizona DUI lawyers who can handle any type of DUI case or criminal defense matter. Top DUI Lawyer David Cantor has successfully used these Defenses against the Scottsdale Police Department for over 30 years, and all members of his Firm are extensively trained on these Defenses.

Some of these Scottsdale DUI Defenses involve simply investigation techniques, while others involve an extreme understanding of the science needed regarding Headspace Gas Chromatography, and Infrared Mass Spectrometry.  Please review these Defenses to see if any apply to your DUI case, or your specific situation.

No Reasonable Suspicion to Stop:

A “No Reasonable Suspicion to Stop” issue occurs in Arizona when the Police Officer pulls a person over and conducts a traffic stop without a “Reasonable Suspicion” that a crime has been committed. Read More

No Actual Physical Control:

“No Actual Physical Control” means that the Police cannot show that a person was actually “controlling” the motor vehicle at the time they were contacted. Read More

Inability to Establish Time of Driving:

This defense is quite common.  If there is a single-car accident, and a person is contacted outside the vehicle, or if the Officer pulled up when someone is sleeping in their vehicle, then it could be possible for the Officer to be unable to establish the exact “time of driving.” Read More

No Witness to Driving:

Scottsdale DUI laws mandate that this defense occurs when there is no actual witness who will show up to testify as to when a person was driving. Read More

Corpus Delecti Defense:

Arizona lawmakers codified that this defense occurs when there is no evidence that a person was the driver of the car, or the time they drove the car, other than that person’s statement that they were the driver of the car that was (usually) involved in a single-car accident. Read More

Improperly Administered Field Sobriety Tests:

Any properly trained Scottsdale DUI Attorney will know that standardized Field Sobriety Tests should not be given to people 65 years of age or older, or 50 pounds or more overweight, or who have various back or balance issues, or who are wearing heels two inches or higher, or those who have certain medical conditions. Read More

No Probable Cause for Arrest:

The Police must have Probable Cause that a crime was actually committed in order to arrest somebody for a drunk driving charge. Read More

No Miranda Rights given, or ignored Invocation of Rights:

A skilled Criminal Defense Attorney will know that Police are required to give arrested person their Miranda Rights prior to conducting any type of investigatory questioning. Read More

Denial of Right to Counsel, or No Private Phone Call provided:

It has been held by Arizona DUI Courts that a person has been denied their Right to Counsel if they request to speak with an Attorney, and then they are not either allowed to do so, or they are not allowed to have a Private Phone Call. Read More

Breath Test Flawed Machine:

Breath test devices in a DUI charge have to undergo scrutiny by the Department of Health Services. Read More

Flawed Breath Tests Also Give Rise To The “Disconnect Defense”:

This defense occurs during DUI representation whenever there is a high breath test reading that does not match the physical evidence. Read More

Breath Test Physical/Dietary Issues:

During a breath test, in some cases, certain physical conditions and dietary habits can affect the breath test. Read More

Improper Blood Draw:

Various improprieties can occur during a Scottsdale DUI prosecution regarding the blood testing procedure, which can result in the reading being Suppressed. Read More

Improper Blood Storage or Handling of Vial:

After the Officers are done with the blood draw, they are required to place the two vials into cold storage as quickly as possible. Read More

Blood Test Flawed Machine:

A skilled Criminal Defense Lawyer knows that blood testing devices are required to go through an extensive protocol to make sure they are accurately measuring Blood Alcohol Content. Read More

Again, the “Disconnect Defense”

This defense can be used against a Scottsdale City Prosecutor if a reading is incredibly high, but does not match what was observed by the Police Officers on the scene. Read More

Denial of Independent Blood Test:

The Police are required to inform you that you have a Right to an Independent Chemical Test (i.e., usually a blood draw at a hospital) as quickly as possible from being released from the Police Station, or while at the Police Station. Read More

Sloppy or Misleading Police Report:

Many times, Police Officers are in a rush, so they simply produce police reports which appear to be a “cut and paste” version. Read More

Additional DUI Drug Defenses:  

DUI Drug Defenses are wide-ranging and varied.  Assuming that a person has a prescription for the medication that shows up in their blood stream, then it is up to the State to prove that this medication impaired that person’s ability to drive.  Read More

Involuntary Intoxication:

Sometimes we can raise the Involuntary Intoxication defense in court if we can show that a person was “slipped a mickey,” “given a roofie,” or served a drink which they did not know contained alcohol. Read More

The Officer Changing or Embellishing their Story:

Almost nobody can tell the same story the same way two times in a row.  This includes Police Officers.  The more times they tell a story the more discrepancies will be discovered. Read More

What We Do When We Represent You

At DM Cantor, when we represent you for a Scottsdale DUI charge, or potential DUI charges, we always keep our Core Purpose in mind:  “We are here to help people navigate through the toughest time of their lives.”  And we perform our DUI Attorney services by employing three separate principles:  (1) Hard Work; (2) Trial Skills, and (3) perhaps the most important – High Touch Client Service.

If your DUI Case is a Misdemeanor, most times we can appear for you at the Scottsdale City Court for your Court date so you won’t miss work or school.  If your charge is a Felony Aggravated DUI, then you must appear in the Maricopa County Superior Court with us, unless we file a Motion, and the Judge allows you to not appear (usually for out-of-state Clients), as long as you sign a document avowing that you know of the next Court date.

Although having a DUI charge hanging over your head can be one of the most stressful times of your life, at DM Cantor we strive to give you peace of mind, and we remind you that “you pay us to get the ulcers.” If you need a free consultation with an affordable Scottsdale DUI lawyer, regarding your Scottsdale DUI case or criminal defense matter, contact us today!

Below you will find information from the Best Scottsdale DUI Lawyers which will answer 99% of your questions regarding the progression of your Misdemeanor Scottsdale DUI charge, or your Felony Aggravated DUI charge.

What Our Clients Say

 
 
 
 
 
 
 
  
 
 
  
DM Cantor is a very professional attorney office. I strongly recommend them. Before engaging with them, I have done a lot of researches and interviewed 6 attorney offices. The price may not be the lowest but they definitely delivered! You got what you paid for. Joshua Sene was assigned to us. He kept very clear communication. He was very patient explaining each step which made us very comfortable and having peach in mind. He took time answering many of my questions. He was able to get the case dismissed out right.
  
 
 
 
  
 
 
 Hugo 
 
July 23, 2023
 
 
 
  
 
 
  
DM Cantor is hands down the best law office I could have chosen. I don’t think I’d feel nearly as confident with my case if I was in anyone else’s care. They get to the point, they handle the job, and they know what they are talking about. I felt supported, heard, and overall good about what my options were. Everyone in their office is kind, professional, and understanding. If you find yourself needing a law team, this is the office to hire - they will be on your side through it all
  
 
 
 
  
 
 
 Callendra Schutze 
 
July 11, 2023
 
 
 
  
 
 
  
DM Cantor was an ally from start to finish! Put their card in your wallet now and keep it on hand in the event that you ever need an attorney. Complete professionalism, tact, facts and results. Let them do their job! They are the best situated to bring the outcome you seek.
  
 
 
 
  
 
 
 Lissa Victoria 
 
July 1, 2023
 
 
 
  
 
 
  
Jason Karpel and Joshua helped me with the defense on my original charge and then 4 years later helped me restore my rights and get my record set aside! I also have to credit Joey Hamby, he was able to help when Jason and Josh weren't available

They are very informative and badass attorneys and will give you the best possible defense! If you are on the fence about DM Cantor, this is your sign to choose them. They are worth the money.
  
 
 
 
  
 
 
 Nathan Jarvis 
 
June 11, 2023
 
 
 
  
 
 
  
Josh was assigned to my case, and I couldn’t have asked for a better attorney to help me through my DUI case. He was very thorough and diligent in digging into my case and finding all the faults in the case and building up the ammo needed to go at the prosecutor. He was very generous with his time and answering questions where as other attorneys would just blow off your line of questioning and shoot you down. He ran through the scenarios of my questions and provided me with the guidance needed to navigate my case. Even when we thought we would only get a certain type of plea deal, we said the hell with it and let’s throw the kitchen sink at them and go for broke which took me from a DUI to a wreckless driving deal with only a $770 fine. It could’ve been so much worse. I plan on never being in this situation again, but if I need it I would not hesitate to have Josh represent me again, and I would recommend him to anyone needing representation.
  
 
 
 
  
 
 
 Michael Brewer 
 
June 9, 2023
 
 
 
  
 
 
  
Mr. Jared Ahern was flawless in court and got the results I wanted. Words cannot express how grateful I am for his help. DM Cantor gave me a fighting chance and I will only be referring them from here on out.
  
 
 
 
  
 
 
 Peter Alvarez 
 
June 4, 2023
 
 
 
  
 
 
  
Very helpful & professional. You get what you pay for & I'm grateful for the outcome I received. As long as you follow their advice & put in your end of the work everything turns out favorable. Mr. Joey Hamby & Mr. Michael Alarid were very helpful & worked with me even though I worked in a remote location. The staff covered every angle as well, ensuring I was on the same page & even provided an additional attorney when my assigned two were unavailable. I would use them again should the need ever arise.
  
 
 
 
  
 
 
 F. K. 
 
March 28, 2023
 
 
 
  
 
 
  
Jason Karpel handled my case at the end of 2022 and was amazing! His whole team/staff were super professional, friendly and accommodating. Not to mention he is AMAZING at his job and got my case resolved and all charges dropped, pretty quickly too. He’s a really nice guy who knows his stuff and I’d recommend all my friends and family to him if they ever needed counsel. Thank you Jason and DM Cantor for all you do!
  
 
 
 
  
 
 
 Kevin Glenn 
 
March 9, 2023