The Ultimate Gilbert DUI Lawyer (2025)
By DM Cantor, the #1 Ranked DUI Law Firm in Arizona for the last 5 years in a 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 Gilbert 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.
Quick Links
The Best Gilbert DUI Lawyer Team in Arizona
How do you know who has the best Gilbert DUI Defense Firm in Arizona? You start by looking at Experience. David Michael Cantor is a former Prosecutor, and a highly skilled Gilbert 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 Gilbert DUI lawyer who knows the Arizona DUI laws inside and out and will vigorously fight the Gilbert DUI prosecutor on your behalf. So, whether you have a single Gilbert AZ charge, or multiple DUI charges, contact DM Cantor today!
In addition to Phoenix Area Experience, you next specifically look to the Gilbert 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. If you need a Top-Rated Criminal Lawyer or an experienced DUI Attorney to represent you in the Gilbert DUI Courts, then contact DM Cantor today! Click on the link below to receive a list of DUI Defense Questions to Ask when Interviewing a Gilbert DUI Attorney to represent you in your court case.
Gilbert DUI Charges and Their Possible Punishments
If you received a DUI in Gilbert AZ, you need to make sure the Arizona DUI Attorney you hire for legal representation thoroughly knows the potential punishments you face in Gilbert Jail. A skilled Gilbert DUI Lawyer, such as the DUI Defense Attorneys at DM Cantor know not only the aggressive Gilbert laws and Court regarding First Time DUI offense punishment, but also the harsh ranges for those with prior DUIs. If you have received a DUI arrest and need a drunk driving lawyer to answer your questions about DUI penalties, then contact DM Cantor, and talk with a seasoned DUI Lawyer today! 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, 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 Gilbert 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 Gilbert 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 Gilbert DUI Lawyers Today!
MVD Issues Separate From the Criminal Charges
In Arizona, if you receive a Gilbert 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 Gilbert 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 Gilbert.
The 20 Best DUI Defenses in Gilbert, Arizona
At DM Cantor, we have had an enormous amount of DUI defense success receiving Not Guilty verdicts, or outright Dismissals of Gilbert DUI charges for our clients using the following Defenses. DM Cantor consists of skilled Gilbert, 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 Gilbert Police Department for over 30 years, and all members of his Firm are extensively trained on these Defenses. Some of these Gilbert 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. DM Cantor is comprised of Criminal Defense Lawyers with a combined 100-plus years of experience handling Marijuana DUI and other traffic violation tickets in both the Gilbert Municipal Court and the Highland Justice Court.
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:
Gilbert 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 Gilbert 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 Gilbert 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 Gilbert 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 Gilbert 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. David Cantor is an experienced Attorney and former prosecutor who became a Top Rated drunk driving defense Lawyer in Gilbert courts.
If your DUI Case is a Misdemeanor, most times we can appear for you at the Gilbert City Court or Highland Justice 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 Gilbert DUI lawyer, regarding your Gilbert DUI case or criminal defense matter, contact us today!
Below you will find information from the Best Gilbert DUI Lawyers which will answer 99% of your questions regarding the progression of your Misdemeanor Gilbert DUI charge, or your Felony Aggravated DUI charge.
Holiday DUI Task Force Information
Due to the increase in DUI fatalities and Gilbert DUI cases which were taking place during the holidays in 1990, the Governor’s Office of Highway Safety decided to create what is known as the Holiday DUI Task Force. During certain holidays, or large annual events (such as the Phoenix Open), teams of DUI Officers from all over the Valley will saturate specific areas, and will conduct Holiday DUI Checkpoints. For example, the East Valley DUI Task Force will focus on Gilbert, Tempe, and Mesa, heavily during the holidays, plus when the Barrett Jackson Auto Auction and Phoenix Open are taking place. The West Valley DUI Task Force focuses over by the Cardinal Stadium during the Christmas Holidays. These times are when the bulk of DUI arrests occur throughout Arizona. In order to read some DUI Lawyer information regarding what you should or should not do if you are stopped during the DUI Task Force, Client the link below.
Gilbert DUI Lawyer FAQs
When am I allowed to refuse a blood or breath test in Gilbert?
Arizona operates with an Implied Consent Law. What this means is that you “Impliedly Consent” to give a test of your blood, breath, or urine at an Officer’s request if you are driving on the streets of Arizona, and he has Probable Cause to believe you are under the influence. This applies whether you have a driver’s license in Arizona or not. You don’t even have to live in this State for this law to apply. If you refuse to provide a breath or blood test, then the Officers can then obtain a Search Warrant with a 24-hour on-call Judge, and this will compel you to give blood, breath, or urine. If you still refuse, they can strap you down to a “restraint chair” and forcibly remove your blood. Also, any refusal (either before or after you are shown the Warrant), can result in a one-year Suspension of your driving privileges in Arizona.
If I am Suspended in Arizona, but live in another State, will this affect my driver’s license there?
Any Suspension you receive in Arizona will be relayed to any of the other 49 states through what is known as the Interstate Compact. Your home State will then send you a letter suspending your license to drive there until you receive a “Clearance Letter” from the Arizona MVD. In other words, you can’t just leave Arizona without addressing a DUI charge or MVD Suspension, without it having consequences in your home State.
What exactly is a Certified Ignition Interlock Device, and when is it required in Gilbert?
Upon the Suspension of your license per the MVD’s Implied Consent/Administrative Per Se Affidavit and/or Hearing – or after any DUI conviction – you may be required to get an Ignition Interlock Device placed on your car. Once this Device is in your car, you have to blow into it in order to start your vehicle, and approximately every 15 minutes after its been running you will blow again, in order to keep the engine on. If you miss any of these tests, or if you end up showing that you’ve had alcohol, the Ignition Interlock Device company will notify MVD, and then they can Revoke your driving privileges entirely.
What happens if I don’t live in Arizona, but I get a DUI while visiting Gilbert?
You cannot merely just leave the State and ignore your traffic citation or the Arizona MVD. If you do this, a Warrant will issue for your arrest (which may or may not be effective across State lines), and your license will be Suspended (which will extend across State lines). This means if you just ignore the citation and return home, ultimately your home State will suspend your driving privileges there. Plus, there is a risk the police will show up and arrest you at your door. You will need a Gilbert DUI Lawyer to handle your case while you are out-of-state.
How will a DUI affect my professional licenses or employment?
Many professions have a governing Board which have specific rules regarding a DUI conviction. At DM Cantor we help people with all types of Board Representation, which can be potentially attached to their DMV record. We’ve appeared in front of Medical Boards, the Nursing Boards, the Board of Real Estate, the FAA, Teachers Boards, and every other Board you can possibly think of. It’s important to hire a Top Gilbert DUI Attorney, such as those at DM Cantor, who know the ins-and-outs of the collateral consequences of a DUI conviction.
If I am convicted of a DUI, how long will this stay on my record in Arizona?
For purposes of increased insurance, most insurance companies only do a “look-back” of 39 months. For purposes of an alleged “prior conviction,” the law states that any Misdemeanor DUI will stay on your record and be alleged against you if it within the last 7 years. As to a Felony Aggravated DUI, those are lifetime allegeable.
This means that if you have a prior Felony Aggravated DUI 20 years ago, and you get another Felony Aggravated DUI charge today, the new one can be considered as a Second Felony Offense, which puts you at risk for a mandatory minimum of 4-1/2 years in Prison. Call DM Cantor to set a time to secure a DUI case consultations slot and consult with a Gilbert DUI Attorney today!
Can I get my Gilbert DUI conviction expunged?
Technically, Arizona does not have an “Expungement” law regarding DUIs. However, you can get the “Judgment of Guilt Set Aside,” which many employers regard as a Dismissal/clean record. Consult with your DM Cantor DUI Attorney about how to fill out a background check/employment application after having a Judgment of Guilt Set Aside.
Does any other firm have more Board-Certified Criminal Law Specialists, or DUI wins, than DM Cantor?
No. DM Cantor is the only firm in all of Arizona that has Three Board-Certified Criminal Law Specialists. In addition, we have the most Jury Trial Complete Acquittals, and most Dismissals/Reductions in the State of Arizona. We list all of them on our website, and we have the proof to back it up! Remember, DM Cantor are experienced Gilbert lawyers whose law office handles DUI cases for clients, not just in the Gilbert City Court, but also DUI charges throughout Maricopa County.
What to Do if Stopped for a DUI in Gilbert
Besides a simple list of Do’s and Don’ts regarding what to do when being stopped for DUI, you will find our Top DUI Lawyer information that can help you prepare in advance for this unfortunate possibility. Criminal Attorney David Cantor has given numerous speeches to various groups throughout Arizona for years. David always starts by telling people that they should take Uber, Lyft, or have a designated driver if they are going to go out drinking. After that, David provides very specific DUI Lawyer information that can protect you, a loved one or a friend, should they find themselves in the position of being pulled over.
Please Click the link below to receive information that can help you prepare if you are ever pulled over by an Officer who requests that you submit to a blood or breath test.
Work with a DM Cantor Gilbert DUI Attorney Today
For a free consultation and free case evaluation with one of our Gilbert DUI Attorneys, call our 24 hour DUI Lawyer Gilbert and Gilbert DUI Attorney hotline at 602-307-0808 , or click here for a free consultation on any criminal cases. Our aggressive DUI Lawyers always offer free consultations for an initial visit with our Gilbert DUI Defense Lawyers.
