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The Ultimate Mesa DUI Lawyer (2025)

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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The Ultimate Mesa DUI Lawyer (2025)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona
DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor
Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 4,000+ DUI/Vehicular Crime Dismissal and Reduction DUI Case Victories!!

Click Here to See DUI/Vehicular Crime Defense Victories


Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending DUI/Vehicular Crimes Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless DUI/Vehicular Crimes cases.

Every Major Felony DUI/Vehicular Crimes case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.


The Best Mesa DUI Defense Firm

Start with experience. David Michael Cantor, a former prosecutor and DUI lawyer since 1989, founded DM Cantor after serving as an Assistant City Prosecutor in Phoenix. Known as one of Arizona’s top DUI attorneys, he and his team know the criminal justice system inside and out and will aggressively fight DUI charges on your behalf.

DM Cantor stands out with unmatched results. Both David and his partner Christine Whalin are Board-Certified Criminal Law Specialists—an achievement few firms can claim. With more complete jury trial acquittals than any other DUI defense firm in Arizona, their track record speaks for itself.

If you’ve been arrested for DUI in Mesa, get expert help from a team with over 100 years of combined experience.

Click Here for Questions to Ask When Interviewing a DUI Defense Attorney


Mesa DUI: Charges and Potential Consequences

If you’re an Arizona driver charged with a DUI in Mesa, it’s crucial to hire a DUI attorney who fully understands the penalties and potential jail time you could face in Mesa Jail. The experienced DUI defense team at DM Cantor knows the strict DUI laws and sentencing guidelines in Mesa—whether it’s a first offense or you have prior convictions. Founder David Cantor, a former prosecutor and now a top-rated Mesa DUI attorney, built a team of skilled defense lawyers dedicated to fighting DUI charges.

Regular DUI — ARS 28-1381

(A1) DUI – Impaired to the Slightest Degree
Definition: Operating or being in actual physical control of a motor vehicle while impaired to the slightest degree.

  • Blood or breath alcohol concentration (BAC) is irrelevant.
  • No requirement for police to obtain a blood or breath sample.

(A2) DUI – BAC Between .08 and .149
Definition: Operating or being in actual physical control of a motor vehicle with a BAC of .08 to .149, regardless of actual impairment.

(A3) DUI – Drug Impairment
Definition: Operating or being in actual physical control of a motor vehicle while impaired by drugs to the slightest degree, regardless of the type or quantity of drug.

  • Legal Drugs: Prescription drugs lawfully prescribed to the driver.
  • Illegal Drugs: Substances like cocaine, methamphetamine, heroin, etc., for which no legal prescription exists.
  • Illicit Drugs: Drugs with legal prescriptions, but the driver did not possess a valid prescription.

Mandatory Minimum Punishments for Regular DUI (A1, A2, A3)

First Offense:

  • 10 days jail (9 suspended with alcohol counseling)
  • 90-day driver’s license suspension
  • 1-year ignition interlock device
  • Alcohol screening and classes
  • Fines over $1,500
  • Jail costs: $267 for first day, plus $80 home detention monitoring fee (if applicable)

Second Offense:

  • 90 days jail (60 suspended with alcohol counseling)
  • 1-year driver’s license revocation
  • Fines over $3,500
  • Jail costs: $267 (first day) + $82/day (additional days, total $2,645)
  • $80 monitoring fee (if home detention allowed)
  • 30 hours of community service

Extreme DUI — ARS 28-1382(A1)

BAC Between .150 and .199

First Offense:

  • 30 days jail (21 suspended with alcohol counseling)
  • 90-day license suspension
  • 1-year ignition interlock device
  • Fines over $2,700
  • Jail costs: $267 (first day) + $82/day (additional days, total $922)
  • $80 home detention monitoring fee (if applicable)

Second Offense:

  • 120 days jail (no suspension)
  • $3,800 in fines
  • Jail costs: $267 (first day) + $82/day (totaling $10,025)
  • $80 monitoring fee (if home detention allowed)
  • 1-year license revocation
  • 30 hours of community service

Super Extreme DUI — ARS 28-1382(A2)

BAC .20 or Higher

First Offense:

  • 45 days jail (31 suspended with alcohol counseling)
  • 90-day license suspension
  • 18-month ignition interlock device
  • Alcohol screening and classes
  • Fines over $3,200
  • Jail costs: $267 (first day) + $82/day (totaling $2,157)
  • $80 monitoring fee (if home detention allowed)

Second Offense:

  • 180 days jail (no suspension)
  • Fines over $4,700
  • Jail costs: $267 (first day) + $82/day (totaling $14,945)
  • $80 monitoring fee (if home detention allowed)
  • 1-year license revocation
  • 2-year ignition interlock device (after license reinstatement)
  • 30 hours of community service

Felony Aggravated DUI — ARS 28-1383

Aggravated DUI can be charged for:

  1. A third DUI offense within 7 years
  2. DUI while license is suspended, revoked, or restricted
  3. DUI with a child under 15 in the vehicle
  4. DUI while driving the wrong way on a one-way street

With Child in Vehicle (Class 6 Felony):

  • Penalty may range from a misdemeanor-level sentence to up to 2 years in prison, depending on BAC and prior offenses.
  • Legal counsel is strongly recommended.

All Other Felony Aggravated DUIs (Class 4 Felony):

  • 4 months to 3.75 years in state prison
  • Loss of voting and firearm rights
  • 3-year license revocation
  • Ignition interlock device after license reinstatement
  • Mandatory alcohol assessment and classes

Second or Third Felony Aggravated DUI:

  • Significantly harsher penalties, including up to 15 years in prison

Top 20 DUI Defenses in Mesa, Arizona

At DM Cantor, our team has a long track record of success in Mesa DUI cases, achieving numerous Not Guilty verdicts and case dismissals. With over 30 years of experience, founding attorney David Cantor and his team are highly trained in the most effective DUI defense strategies.

We handle all types of DUI cases in Mesa Municipal Court and apply a wide range of defenses—some based on investigative technique, others requiring advanced scientific knowledge such as Headspace Gas Chromatography and Infrared Mass Spectrometry.

Explore our top 20 DUI defenses to see which may apply to your case.

1. No Reasonable Suspicion to Stop
This issue arises when a police officer conducts a traffic stop without “reasonable suspicion” that a crime has been committed. In Arizona, this can lead to suppression of all subsequent evidence.

2. No Actual Physical Control
If the police cannot demonstrate that the accused was in actual control of the vehicle at the time of contact, this defense may apply—especially if the person was sleeping or not in the driver’s seat.

3. Inability to Establish Time of Driving
In cases involving a single-car accident or a sleeping driver, officers may be unable to establish exactly when the vehicle was driven, which is essential for DUI charges.

4. No Witness to Driving
If no witness can testify to the individual actually driving the vehicle, the prosecution may not be able to meet its burden of proof.

5. Corpus Delicti Defense
Arizona law requires evidence beyond a defendant’s own statements. If no other evidence exists to prove they were the driver or when the driving occurred, this defense can be highly effective.

6. Improperly Administered Field Sobriety Tests
Field sobriety tests must be properly administered. They are unreliable if given to people over 65, those with balance issues, individuals who are significantly overweight, or those wearing certain types of footwear.

7. No Probable Cause for Arrest
An arrest must be based on probable cause. If this legal standard is not met, the entire case may be dismissed.

8. No Miranda Rights Given or Ignored Invocation of Rights
If an officer fails to read Miranda rights or ignores a suspect’s request to remain silent or for an attorney, statements made after the arrest may be inadmissible.

9. Denial of Right to Counsel or No Private Phone Call Provided
Arizona courts have ruled that suspects must be allowed to consult privately with an attorney in a timely manner. Denial of this right may violate due process.

10. Breath Test Flawed Machine
Breath test devices must be properly calibrated and maintained by the Department of Health Services. Any failure in this process can invalidate the results.

11. The “Disconnect Defense” (Breath Test vs. Observations)
A high breath test result that doesn’t match the suspect’s behavior or appearance at the scene can raise doubt about the test’s accuracy.

12. Breath Test Affected by Physical or Dietary Issues
Medical conditions or certain diets (e.g., keto) can affect breath test accuracy. These physiological variables may create false positives.

13. Improper Blood Draw
If a blood sample is taken improperly—whether due to contamination, non-sterile equipment, or incorrect procedure—the results may be suppressed.

14. Improper Blood Storage or Handling of Vial
Once blood is drawn, it must be refrigerated immediately. Improper storage can lead to fermentation or contamination, invalidating the test.

15. Blood Test Flawed Machine
Just like breath test machines, blood testing devices must follow strict calibration and maintenance protocols to ensure valid readings.

16. “Disconnect Defense” Repeated
If a blood alcohol concentration (BAC) is extremely high, yet inconsistent with observed sobriety, this disconnect can form the basis for reasonable doubt.

17. Denial of Independent Blood Test
Police must inform DUI suspects of their right to obtain an independent chemical test. Failure to provide this opportunity can violate constitutional rights.

18. Sloppy or Misleading Police Report
Officers sometimes use generic templates or omit key facts. Discrepancies and inaccuracies in these reports can be used to challenge credibility.

19. Additional DUI Drug Defenses
Prescription drug DUI cases require the state to prove impairment. A valid prescription alone is not enough to sustain a conviction.

20. Involuntary Intoxication
If a person unknowingly consumed alcohol or drugs—such as being drugged or given a spiked drink—this defense may be applicable.

Bonus: Officer Changing or Embellishing Their Story
Over time, inconsistencies often emerge in an officer’s testimony. Identifying and highlighting these contradictions can seriously damage the prosecution’s case.


What to Expect When DM Cantor Represents You

At DM Cantor, our mission is simple: “We help people navigate through the toughest times of their lives.” When we take on your Mesa DUI case, we approach it with three core principles: Hard Work, Exceptional Trial Skills, and most importantly, High-Touch Client Service.

For Misdemeanor DUI cases, we can typically appear in Mesa City Court on your behalf—so you don’t have to miss work or school. If you’re facing a Felony Aggravated DUI, you’ll need to appear with us in Maricopa County Superior Court—unless the judge grants an exception (often available for out-of-state clients) after we file a motion and you acknowledge the next court date in writing.

We understand how stressful a DUI charge can be. That’s why we focus on providing clear guidance and peace of mind. As we like to say: “You pay us to get the ulcers.”

Contact us today for a free consultation with an experienced and affordable Mesa DUI lawyer.

Below, you’ll find detailed information to answer nearly all your questions about how your Misdemeanor or Felony DUI case will progress in Mesa.

Click here for Misdemeanor DUI Case Progression Information

Click here for Felony Aggravated DUI Case Progression Information


Mesa DUI Lawyer FAQs

Can I refuse a blood or breath test in Mesa?
Under Arizona’s Implied Consent Law, any driver—whether a resident or not—automatically consents to a blood, breath, or urine test if an officer has probable cause to suspect DUI. Refusal can lead to a search warrant, and officers may use a restraint chair to obtain a sample. Refusing may also trigger a one-year driver’s license suspension.

Will an Arizona suspension affect my license in another state?
Yes. Arizona reports suspensions through the Interstate Compact, meaning your home state will likely suspend your license until you obtain a Clearance Letter from the Arizona MVD.

What is an Ignition Interlock Device, and when is it required?
After a DUI conviction or administrative suspension, you may need to install a Certified Ignition Interlock Device (IID). You’ll need to blow into it to start your car and at intervals while driving. Missed or failed tests can lead to revocation of your driving privileges.

What if I don’t live in Arizona but get a DUI in Mesa?
Ignoring the DUI charge won’t make it go away. A warrant may be issued, and your home state can suspend your license. You’ll need a Mesa DUI attorney to handle your case, even if you’re out of state.

How could a DUI impact my professional license or job?
Many professions—such as healthcare, aviation, real estate, and education—require disclosure of DUI convictions to their licensing boards. At DM Cantor, we represent clients before various professional boards and help protect their careers.

How long will a DUI stay on my record in Arizona?

  • For insurance purposes: 39-month look-back period
  • For prior offense enhancement:
    • Misdemeanor DUIs remain allegeable for 7 years
    • Felony Aggravated DUIs are lifetime allegeable, which can lead to a minimum 4.5-year prison sentence for repeat offenses

Can I get a DUI conviction expunged in Arizona?
Arizona doesn’t offer true expungement for DUIs. However, you may request to have the Judgment of Guilt Set Aside, which many employers view as similar to a dismissal. A DM Cantor attorney can help guide you through this process and how to disclose it on applications.


Holiday DUI Task Force Information

Due to the increase in DUI fatalities and Mesa 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 Scottsdale, 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 Mesa DUI Lawyer information regarding what you should or should not do if you are stopped during the DUI Task Force, Client the link below.


Work with a Mesa DUI Lawyer Today

If you’ve been charged with a DUI in Mesa, contact us for a free consultation and case evaluation with one of our experienced DUI attorneys. Call our 24-hour DUI hotline at 602-307-0808, or schedule your free consultation. Our dedicated Mesa DUI defense lawyers are ready to fight for you—aggressively, effectively, and with your best outcome in mind.

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