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September 12, 2019
Posted on Author By dmcantor Categories Blog

What is a DUI with Drugs in Arizona?

There has been a large increase of DUI for drug cases over the last decade in the State of Arizona. Even if you aren’t under the influence of alcohol while operating your vehicle, you can still be charged with a DUI (Driving under the influence) if you are under the influence of drugs or controlled substances. If you’re convicted of the DUI drug case, serious consequences will most likely occur but there are many ways that an attorney can fight these cases.

So what is a DUI with Drugs charge? Under the Arizona Revised Statutes 28-1381, the law states that if an individual is driving or is in actual physical control of a vehicle “while under the influence of any drug, vapor releasing substance containing a toxic substance, and any combination of alcohol and drugs and they are impaired to the slightest degree” or “If any controlled substance is found in their body” they may be convicted with a drug DUI offense.

Some of the most common types of drugs defined that may result in a drug DUI charge are marijuana, cocaine, methamphetamines, amphetamines, nitrous oxide, psilocybin mushrooms, ecstasy, or opiates such as, hydrocodone, oxycodone, codeine, and heroin. Basically any type of intoxicating drug can result in a drug DUI charge. Drug DUI charges can also be known as: Metabolite DUI, Weed DUI, THC DUI, or Pot DUI.

When you are pulled over and a law enforcement official suspects that you may be under the influence of drugs, they will almost always conduct a field sobriety test. These tests may include the heel-to-toe test, the finger-to-nose test, a one leg stand, alphabet recitation, or an eye test called the “horizontal gaze nystagmus” test. If they suspect you are under the influence, they may also ask for you to submit a blood chemical or urine test. There are times when it is wise to take these tests and there are times when it is best to refuse these tests. An attorney can offer legal advice for these types of scenarios.

DUI Drug offenses can be charged as a misdemeanor or a felony but first time offenders with no accident involved are typically charged with a misdemeanor. The presumptive sentence of a first time offender according to Arizona Revised Statutes section 13.707 is six months in jail and/or fines of no less than $250. There are also court fees and drug education classes that may be involved in the sentencing. People accepting plea bargains and those with lawyer representation normally get reduced sentences with some or all jail time being suspended, which it is wise to seek legal representation.

Because the mere presence of controlled substances in your system is enough to charge you for a drug DUI offense, it is usually wise to seek legal advice. Attorneys can often help get these charges dropped or sentences reduced because there are many factors that may need to be determined for a conviction.

If you live in Arizona and would like a free consultation on a DUI charge, please call our offices at (602) 307-0808 to schedule your appointment. We can also be reached via email by using our secure confidential form.

August 24, 2019
Posted on Author By dmcantor Categories Blog

Statute of Limitations for Misdemeanor DUI in Arizona

In Arizona, many DUI offenses are classified as misdemeanors. Although the jail time and fines associated with different types of DUIs can vary based on whether it is a first or second offense and depending upon how high the blood alcohol level was, the statute of limitations in Arizona for misdemeanor DUIs remains the same.

Are you looking for the Statute of Limitations for Felony DUI? Click here.

Watch this short video where David Cantor explains the Statute of Limitations for a Misdemeanor DUI in Arizona:

What is the Statute of Limitations for DUI in Arizona?

Under A.R.S. § 13 – 107, misdemeanors in the state of Arizona have a statute of limitations of one year. This statute of limitations requires the State to formally file charges against you within that time period. According to ARS § 13–107 (E), the time limitation does not include any time in which your identity is unknown. The statute of limitations also begins once the State actually becomes aware of the offense. Although this typically means a year from when you are arrested for committing the DUI, there may be exceptions to this.

For example, if you are commit a DUI in Arizona while you are visiting and then leave the state, the statute of limitations will not include the time that you are no longer in the state. According to ARS § 13–107 (D), if you are on the run or entirely absent from the state, the statute of limitations is “tolled.” This means that the time period that the State has to bring charges against you is suspended until you are found or return to Arizona.

Another exception may exist if previous charges against you are dismissed before the time limit has expired. According to ARS § 13–107 (G), a new prosecution against you can begin anytime within six months after the dismissal has been finalized, or at the original one year mark; whichever is longer.

Since the laws regarding the statute of limitations for misdemeanor DUIs in Arizona can be quite complex, if you have questions about impending charges, you should call DM Cantor for a Free Case Consultation. We can be reached by phone at (602) 307-0808 or click here to send us an email using our secure and confidential form.

August 22, 2019
Posted on Author By dmcantor Categories Blog

Second Offense Misdemeanor DUI Penalties in Arizona

Before you can be charged with a second DUI offense in Arizona, you must have a BAC (Blood Alcohol Content) of .08 to .149 and have a previous DUI conviction on your record. Arizona has a look-back period of seven years after the first DUI conviction. That means your first conviction will remain on your record for seven years. If you are arrested during your look-back period, you will be charged with a second DUI.

Arizona’s DUI laws are strict, and second drunk driving charges are taken very seriously. Compared to the first offense, the second DUI offense carries much stiffer penalties and fines.

Watch this short video where David Cantor explains the penalties for a Second Offense Misdemeanor DUI in Arizona:


Minimum Possible Penalties for Second Offense Regular Misdemeanor DUI in Arizona

  • 90 days in jail with the possibility of 60 days suspended if Alcohol classes are completed. Minimum jail cost: $3,300
  • Alcohol Screening: $100
  • 36 Alcohol Classes: $1,000
  • Fines, Surcharges, and Assessments: approximately $3,500
  • 1 year driver’s license suspension, followed by 1 year of Ignition Interlock Device: $1,500
  • 30 hours of Community Service
  • SR-22 Car Insurance Policy $500 per year for 3 years: $1,500
  • Car Insurance Increases up to $3,000 per year for 3 years: $9,000

Grand Total: $18,400 (with car insurance) or $7,900 (without car insurance)


What Happens After You are Charged with a Second Offense DUI?

Because each case is different, there is no right answer to what will happen in your situation. The outcome depends on the circumstances of your arrest and your defense strategy. While you will face jail time, you will not necessarily be ordered to go to jail. The best way to get accurate advice about your case and reduce your damages in court is to give DM Cantor a call to get a Free DUI Case Review.

Call 602-307-0808 now to schedule a free consultation. You can also send us a message using our secure and confidential contact form. 

September 25, 2015
Posted on Author By dmcantor Categories Blog

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.

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.

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September 12, 2013
Posted on Author By dmcantor Categories Blog

Second Offense Super Extreme DUI Misdemeanor Penalties in Arizona

In this short video, David Cantor explains 2nd Offense Super Extreme DUI Penalties in Arizona:

What is a Super Extreme DUI? Technically, in Arizona, we have an Extreme DUI, which is Blood Alcohol Content (BAC) of .15 up to .199, but there’s an enhancement provision in the statute: if you have a .20 BAC or above, according to A.R.S. §28-1382(D)(1) that’s called a Super Extreme DUI. Additionally, if you have a DUI with .20 BAC or higher, and you have one prior DUI in the last seven years, then you are subject to these following consequences and mandatory minimum penalties:

  • You’ll be facing 6 months in jail. That’s 180 days in jail with none of them suspended, meaning you have to serve every one of those days. The jail costs will be $18,500, and the fine and surcharge on top of that will be approximately $3,300.
  • You will be required to do a substance abuse screening, and whatever classes they recommend. It is $100 for the screening. The 36 classes are the minimum, and they cost $1,000.
  • As far as the license suspension, you’ll get a one year license suspension, and then for the next two years after you get your license back, you’ll be required to have an ignition interlock device on your steering wheel, which will run approximately $3,000 over that 2 years. Now, what is this device? It’s a breath testing device that you have to blow into on your steering wheel to start your car, and every 15 minutes after it’s running, you have to blow into it again to keep it running. Then, every 90 days, you’ll have to take it down and get it tested. They will download the chip to make sure that you haven’t been driving with alcohol in your system.
  • On top of all of that, your increased insurance costs will be $3,000 a year higher than it is now for the next 3 years, so that’s $9,000 in increased insurance costs. And the SR22 requirement, which is a reporting provision, where the insurance company will tell the DMV if you don’t maintain insurance. This will run you $500 a year, or $1,500 over your next 3 years.
  • Lastly, they will require you do 30 hours of community service.

So, if you are stopped and convicted of your Second Offense Super Extreme DUI A.R.S. §28-1382(D)(1), then served your 6 months jail time, paid your $18,500 in jail costs and another $3,300 or more in fines, and said “I will just take the bus,” it will still cost you $21,800 over the next 3 years. And if you do want to drive and decide to get insurance, add $9,000 on top of that. Now you’re past $30,000, this is very serious stuff! Other repercussions: if you have a CDL, it will be gone, if you’re a doctor, nurse, pilot, lawyer, if you have a real estate license, if you’re a government or military, you will probably lose your job, lose your clearance, and lose your professional status.

Please visit our Case Victories section and you’ll see that we’ve handled thousands of these and many times we can prevent admission of the prior conviction, which means 180 days drops down to 45 days. Not only blow up the prior, but potentially reduce a super extreme or an extreme DUI to a regular DUI. Now jail time drops all the way down to 1 day in jail. Our firm has done this numerous times. So, if this applies to you, or a loved one, go to our site, fill out a contact form or give us a call at (602) 307-0808 and we will set-up a free initial consultation with you. Give us a call and we’ll take good care of you.

 

 

September 11, 2013
Posted on Author By dmcantor Categories Blog

First Offense Felony Aggravated DUI Penalties in Arizona

What is an Aggravated DUI? An Aggravated DUI is any DUI that is a third offense within seven years. For example, if you have a prior DUI six years ago, four years ago, and now you’ve been charged again, that this charge will be an Aggravated DUI. More commonly, an Aggravated DUI is any DUI in which your license was suspended when you got the DUI. That one is a serious one, because a lot of people fail to appear in court and deal with minor traffic tickets, their license is then suspended, and suddenly they are facing an Aggravated DUI. There is a third type of Aggravated DUI, that’s with a child in the car when you’re driving and you get a DUI, you can read more about that here.

David Cantor explains the Penalties for a 1st Offense Aggravated DUI in Arizona:

For an Aggravated DUI in Arizona, the mandatory minimum is four months in prison. Think about that – prison – what happens to your job? Your mortgage? Your family? This is 24 hours a day, no work release. It’s four months of actual prison time. The fine is normally waived, but you’ll still have to do a substance abuse screening for $100 and take 36 hours of classes which runs you $1,000. You’ll lose your license for three years and then after that, for the next two years, you’ll have to get an ignition interlock device on your vehicle – that runs approximately $3,000 for that two-year period.

What is an ignition interlock device? That’s a breath testing device that’s installed on your steering wheel. You have to blow into it to start your car and every fifteen minutes after your car is running you have to blow into it again. Every 90 days, you have to take it down to the facility where they download the chip to make sure you haven’t been driving with alcohol in your system.

Insurance-wise, you’ll be required to obtain an SR-22. That is a special provision in which you pay the insurance company to tell the DMV if your insurance lapses. And they will charge you $500 per year for three years for that privilege. On top of that, your insurance will go up $3,000 a year higher than it is now for the next three years – that’s $9,000.

Let’s recap the Costs of an Aggravated DUI in Arizona:

  • 4 Months in Prison
  • Substance Abuse Screening & 36 Classes: $100 + $1,000: $1,100
  • Ignition Interlock Device $1,500 per year: 2 years $3,000
  • SR-22 $500 per year: 3 years $1,500
  • Increase in Car Insurance Premiums $3,000 per year for 3 years: $9,000

Total Costs after 4 months in Prison and 3 years license revocation: $13,54,5

Other repercussions besides losing your job, professional status as a doctor, nurse, pilot, lawyer, if you trade stocks and have an SEC license, a real estate license, government or military – you are going to lose your job if you get convicted of this felony. You’re also going to lose your right to vote and your guns rights. That attaches to any type of felony.

Please review our Case Victories section of our website. You’ll see that we win Aggravated DUI cases all the time. We either get them dismissed or reduced to a misdemeanor DUI, which means instead of doing four months in prison you could be doing just one day in jail. The Aggravated DUI costs – approx $14,600 – can drop dramatically if we get the felony reduced. Or, we can just get the charges dismissed or win it in certain situations, if the flaws of the case are there. You’d be surprised how often that happens.

If this situation applies to you, a family member or loved one, fill out a form on our website or call us at (602) 307-0808 to set up an appointment. It doesn’t cost you anything, but it takes about 30 minutes of your time, and hopefully we’ll be able to find a way out of this for you.

August 30, 2013
Posted on Author By dmcantor Categories Blog

Third Offense Regular Misdemeanor DUI Penalties in Arizona

A third offense regular driving under the influence (DUI) charge in Arizona is any DUI where the blood alcohol level is .149 or less (or DUI drugs) and it is the third offense within seven years. The term is actually a misnomer because technically, a third offense in seven years is charged as a first offense felony (an aggravated DUI) in which the mandatory minimum punishment is four months in prison. Sometimes, the city prosecutor will decide not to charge the crime of third offense DUI as a felony, but rather as a misdemeanor. If the prosecutor alleges the two prior convictions, they will want 180 days of jail time on the third conviction.

Are you looking for the penalties for a 1st Offense Misdemeanor DUI or 2nd Offense Misdemeanor DUI?

Watch this short video on the 3rd Offense DUI Penalties in Arizona:

Typically, the jail time can be work release (12 hours in jail per day, 12 hours out per day) for six days a week as the individual goes to work. The problem with this is that the jail costs will run up to $18,500 for 180 days, plus a $3,500 fine! In addition, the individual will lose their license for well over a year and be required to have an ignition interlock device on their vehicle for over a year (at a cost of $1,500)!

The reason the city court will charge the DUI as a third offense rather than routing it to the Maricopa County Attorney’s Office for a felony DUI charge is because there is usually a proof problem or an issue with one of the prior DUI convictions. For example, if an individual has a DUI in Arizona and one in another state, the Arizona court does not know if they can get an accurate prior conviction packet from the other state.

Additionally, if the judge in the prior DUI case didn’t properly read the guilty plea proceeding advisement, or the individual wasn’t told they could have an attorney which was waived in writing, there can be some serious flaws in the case. The city court would then have to fly someone from the other state in order to testify that a defendant has a valid prior conviction. As you can see, the whole process of including prior DUI convictions can become problematic for a city court. Therefore, a prosecutor will try to charge it to a third offense DUI to see if they can get someone to plead guilty and serve 180 days in jail.

If you or someone you know has a third DUI arrest you need to call our offices immediately. Our team is highly experienced and can assist you in obtaining the best possible outcome for your case. To get a Free Case Consultation, please call or email our offices. We are available 24 hours a day at (602) 307-0808.

Please take a few minutes to look over our Arizona DUI Case victories.

Here are links to other misdemeanor DUI charges in Arizona: 1st Offense Misdemeanor DUI, 2nd Offense Misdemeanor DUI.

August 28, 2013
Posted on Author By dmcantor Categories Blog

Temporary Driving Permit After Being Stopped for DUI in Arizona

Watch this short video where David Cantor explains the Temporary Driver’s Permit after being stopped for DUI in Arizona:

Can I still drive after a DUI arrest in Arizona?

Being pulled over and arrested for a DUI in Arizona is a confusing and scary experience. However, just because you are arrested does not mean you can no longer drive. The officer may take your plastic driver’s license but will hand you an Implied Consent / Administrative Per Se Affidavit that consists of a pink piece of paper with a yellow copy attached. Once you receive this, you have 15 days to request a hearing. If you do not, then in 90 days to 1 year you may lose your license. You need to bring these papers to your lawyer for review and have them request the hearing for you. Once you’ve requested a hearing, you will be handed the yellow copy of the Implied Consent / Administrative Per Se Affidavit. On the back is a temporary driving permit which allows you to drive even after the 15 days has run. If you are pulled over for any reason after your citation, this is what you will show the police officer. It shows that you are legally able to drive in the state of Arizona. Remember that this yellow sheet of paper is your actual license until your DMV hearing, which may be two to three months down the road.

If you are suspected of DUI, your license will be suspended if you refuse a blood alcohol test or if you have a blood alcohol level of .08 or higher. When the officer first pulls you over you have a choice of breathalyzer or a blood test. Should you choose the blood test; the results will take longer to arrive. They might not give you the Implied Consent / Administrative Per Se Affidavit, but will mail it to you later after the results of the blood test are determined to be a .08 or above. However, sometimes you will not receive the temporary driver’s permit in the mail. You will still be legal to drive for two to three months or until your hearing.

Whenever you are pulled over, it is advised that you seek a lawyer immediately. Call DM Cantor at (602) 307-0808 to get a Free DUI Case Consultation. If you prefer, you can use our confidential web form to send us an email. Our offices are available 24 hours a day.

For more information about DUI in Arizona, click here. We also invite you to take time to look at our DUI case victories.

August 27, 2013
Posted on Author By dmcantor Categories Blog

A.R.S. §28-1382 – Super Extreme DUI Arizona: 1st Offense Penalties

Driving under the influence is a dangerous thing to do, especially if the person driving is extremely drunk. If you or someone you know lives in Arizona, it’s a good idea to research the consequences of a first offense super extreme DUI (A.R.S. §28-1382) before anyone does something they’ll regret.

Watch this short video of David Cantor explaining the First Super Extreme DUI Penalties:

Super Extreme DUI: Penalties

What are the penalties for a Super Extreme DUI in Arizona? First, a DUI is considered “super extreme” if the blood alcohol content of a driver is 0.20 or more. If you get convicted of a super extreme DUI and have not had any other DUI convictions within the last seven years, you’re mandatory minimum sentence will be 45 days in jail. You’ll also have to pay back jail costs of at least $4,900 and additional fines at least $3,300. You will then have to pay $100 to have a substance abuse screening, plus another $585 so you can take 36 alcohol abuse classes.

For three months after you’re convicted, you won’t be able to drive. Once you get your license back, you’ll have to have an ignition interlock device hooked up to your car, which can cost approximately $1,500. This means you’ll have to do a breath test every time you start your car and in 15 minute intervals if you’re driving for longer than a quarter of an hour. An SR22 policy is also required. You’ll have to pay a $500 fee every year for three years (for a total of $1,500) so your insurance agency can contact the DMV if you somehow stop being insured. Speaking of insurance, yours will go up $3,000 for each of the next three years because of your conviction (for a total of $9,000!).

A lot of these fees are only applicable if you decide you want to drive after you get your license back. If you decide to forego driving for a few years, you will still owe $9,300 for your DUI. It’ll be much more if you decide to own and insure a car – $19,800.

The State of Arizona is very strict when it comes to driving under the influence. Even if you think you’re capable to drive, just remember that $20 for a taxi is much better than paying the state and your insurance company $20,000(!!) once you are convicted of a DUI in Arizona.

The only way to reduce the fines and penalties is to fight the DUI with the help of a DUI Defense lawyer. To get a Free Consultation for a Super Extreme DUI in Arizona, call DM Cantor at (602) 307-0808 or send us an email. Our offices are available 24 hours a day.

Click here, to view our DUI Case Victories.

April 3, 2013
Posted on Author By dmcantor Categories Blog

DUI Charge with Marijuana in Arizona

The Court of Appeals in Arizona ruled in February 2013 that upholds the right of prosecutors to move forward with charges against marijuana smokers in the state for driving under the influence regardless of the presence of physical evidence. As reported by the Associated Press, authorities in Arizona need only blood test or urine sample results showing the presence of chemical compounds known to be in marijuana as present in the body at the time of arrest. Regardless of your level of impairment, or how long ago you may have used marijuana, police can arrest you for driving under the influence. Any amount of marijuana or its metabolites in your system could be sufficient to bring marijuana DUI charges in Arizona. A DUI for Marijuana charge can also be known as one of  the following: Metabolite DUI, Pot DUI, or Weed DUI.

Impairment to the Slightest Degree

To prove that you were under the influence of marijuana at the time of your traffic stop, authorities must show what is known in Arizona law as “impairment to the slightest degree.” In other words, prosecutors must show marijuana use impaired your driving, even to the slightest extent. Any traffic citation – as evidence of a driving error – issued by the arresting office could be sufficient to overcome this burden. Officers might also ask you to perform field sobriety tests during the traffic stop as a means of determining impairment.

By law, you do not have to submit to field sobriety tests. Politely decline the request. This right doesn’t usually extend to providing breath, urine or blood samples. If you choose not to cooperate, officers may obtain a warrant for your bodily fluids, which you cannot legally refuse.

Penalties for Marijuana DUI in Arizona

First Time Marijuana DUI Offense: misdemeanor punishable by a minimum of one day to a maximum of six months in jail. Fines and associated court fees are a minimum of $1,470, but may be more depending on judicial discretion. Mandatory participation in substance abuse program and required installation of an interlock device on vehicle ignition. One-year suspension of driver’s license.

Second Marijuana DUI Offense: Misdemeanor level offense with a mandatory minimum of 30 days in jail, minimum $3,340 fine, and a minimum of 30 hours of community service. License suspension for 18 months and required installation of interlock device on vehicle.

Third Marijuana DUI Offense: If the third marijuana DUI offense occurs within seven years of the last conviction, there was a child present in the vehicle or your license is suspended, you could be charged with a felony level offense. You may face a lengthy mandatory minimum prison sentence and heavy fines.

 

If you have any questions about the State of Arizona and the DUI Drug laws, please give our offices a call (602) 307-0808. Our offices are available 24 hours a day and we offer free consultations. Call or email us now.
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