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Tag Archives: arizona dui defense

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.

Denial of right to counsel is an important defense for DUI cases. When being arrested, you always have a right to legal counsel, but it is particularly vital in the case of a DUI arrest. If you are prohibited from talking to an attorney which prevents you from obtaining his advice, your body will naturally eliminate the evidence of blood alcohol content that can be used for or against you. The police may tell you that your blood alcohol content is above the legal limit, but it may not be; in the meantime, your body is burning off the alcohol, making the determination more difficult.

David Cantor explains the DUI Defense of Denial of right to counsel:

The key cases on this issue are Holland v. State of Arizona, Juarez v. State of Arizona, McNut v. State of Arizona, Edwards v. State of Arizona and the latest one, Penney v. State of Arizona. In Edwards v. State of Arizona, which went up to the United States Supreme Court, Mr. Edwards said, “I think I should talk to a lawyer.” The Court said that was equivocal, or ambiguous, and Mr. Edwards needed to be unequivocal when requesting a lawyer. Instead, Edwards should have said “I want to talk to a lawyer” or “I need to talk to a lawyer.” The minute you say this, the police have to get you to a phone and a phonebook in a private area so you can talk to a lawyer.

The Holland v. State of Arizona case deals with eleven specific questions a lawyer will ask you. These include, “what did you drink?”; “when did you start drinking?”; “when did you stop drinking?”; “when was the last time you ate?” Certain information needs to be known so the lawyer can approximate what your blood alcohol content will be so you can decide whether to submit to a blood or breath alcohol test. The attorney will also be able to tell you to request to be released in order to get an independent chemical test at a hospital.

The additional guidance a lawyer can provide is important. A lawyer can tell you not to answer any further questions, not to do any further physical tests, and probably get a blood or breath test because the police will likely get a warrant for it and get a test by force. But if you’re stopped for a DUI and you request a lawyer but were not given a lawyer or the police were not quick to respond, contact our firm. You can set up an appointment at www.DMCantor.com or call 602-307-0808 at any time to get a Free Case Review. An initial consultation is free and takes just 30 minutes.

Be sure to visit our DUI case victories for a sampling of DUI cases we’ve won in Arizona.

The DUI law in Arizona used to read that any intoxicated person sitting in a car with the keys in the ignition is in “actual physical control” of their car. However, in 1995, David Michael Cantor took the case, State vs. Love, to the Arizona Supreme Court in order to change the law. He argued and won the case. Since 1995, the definition regarding whether a person has actual physical control of their vehicle while intoxicated depends on a totality of the circumstances. For example, if a person pulled over and stopped only to turn the air conditioner or heater on, then they cannot be charged with being in physical control of their vehicle. Other situations where a person would not be in “actual physical control” of a vehicle would be if a person is sitting in the car and waiting for a ride, or if an intoxicated driver is “sleeping it off”. David Michael Cantor has argued and won countless cases pertaining to individuals being charged with DUIs.

Watch this short video about the DUI Defense, No Actual Physical Control:

Each case is different, but our firm is very good at defending DUI cases. We defend individuals who may not have been in actual physical control of their vehicles during their brief intoxication. Some of the possible indications of the ‘No Actual Physical Control’ DUI defense are: if the engine or parking brake were on or off during the arrest; if the car was off the main travel road; if the car was in neutral; and if the car was in a bus pullout, parking lot or outside of a drive-thru. These are instances where attorneys can argue that the individual, though intoxicated, was not in actual physical control of their vehicle because the vehicle was not moving or putting anyone in harm’s way. However, it would be hard to argue if a person was passed out a green light, hit a pole or blew out their tires while intoxicated. This is evidence that the person was intoxicated and in actual physical control of their vehicle prior to passing out.

If one of these situations applies to you, then contact our offices at 602-307-0808 or send us an email to get a Free Case Consultation. We are ready to discuss your case with you and find the best possible defense for your case.

A DUI conviction in Arizona can potentially lead to loss of employment, loss of driving privileges and a significant increase in how much you pay for automobile insurance. Fortunately, professional Arizona DUI defense attorneys with extensive experience in representing individuals charged with DUI know a variety of legal and effective defense strategies that may result in a reduction of the charges or dismissal of all charges. The cost of a DUI defense attorney will be more than made up if the case is reduced or the charges dismissed. Trust us, you really want to avoid the current and future consequences of a DUI conviction.

The “No Reasonable Suspicion to Stop” DUI Defense

In Arizona, law enforcement cannot detain or stop a person based on his her age, religious preference, race, gender or any other reasons that could be considered discriminatory or legally invalid. If a police officer stops you for DUI without providing evidence that supports this type of investigatory detention, i.e., evidence that can prove the person being detained is engaging in criminal activity, then the stop is considered unconstitutional and illegal.

The “No Actual Physical Control” DUI Defense

If an officer finds someone behind the wheel of a running car who is intoxicated but not driving the vehicle because he or she has pulled over due to being drunk, that officer cannot arrest the person for DUI. In Arizona, this scenario legally indicates someone who is not physically controlling the car and therefore is not considered to be “driving while intoxicated”.

The “No Probable Cause for Arrest” DUI Defense

This particular DUI defense is used for individuals who were given improperly administered field sobriety tests, or FSTs. Guidelines provided by the National Highway Traffic Safety Administration state that DUI suspects should not be asked to take FSTs when:

The person is overweight (more than 50 pounds)
The person is over 65 years of age
The person has ankle, hip, knee, back or leg injuries that affect the validity of the test
The person has additional disabilities that may affect his or her balance
The person’s shoes have heels over two inches high

DUI suspects should also be aware that refusing to take an FST is completely within their rights, regardless of what law enforcement may say about refusing the test.

The “Denial of Right to Counsel” Defense

When applicable, an experienced DUI defense attorney may prove that a suspect was denied the right to counsel due to police ignoring the suspect’s request to talk to counsel or because police waited too long to provide the suspect with access to counsel without reasonable cause. Successful use of this defense is grounds for dismissal of a DUI case.

The “Inaccuracy of the Breath or Blood Testing Device” Defense

Arizona’s Department of Health Services establishes guidelines that police are expected to follow concerning regular maintenance and calibration of breath-testing tools. Defense attorneys can investigate the validity of maintenance checks to determine whether a suspect’s breath test was given by an uncalibrated breath device and possibly have the case thrown out of court.

Having a knowledgeable and experienced DUI defense attorney on your side if you are arrested for DUI can make all the difference in Arizona, between suffering the consequences of a conviction or possibly having the charges reduced or even dismissed entirely.

If you would like to schedule a free consultation to speak with a DUI defense lawyer about any of the defenses listed on this page, please call us 24 hours a day at (602) 307-0808. You can also send us a confidential email by using our secure form. If you have been charged with an Aggravated DUI in Arizona or an Extreme DUI in Arizona, please refer to those pages for specific information about those charges.

Our team of lawyers have successfully defended DUI cases in Scottsdale, Tempe, Mesa, Gilbert, Chandler, in addition to Phoenix and the rest of the State of Arizona.

November 3, 2010

Arizona DUI Lawyer David M Cantor talks about the dui defense of “no actual physical control”. If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI or DWI.

In 1995 David M Cantor took a case to the Arizona Supreme Court where his client had decided to stop his car and sleep with the Air Conditioner on. David won this case and set the precedent for the no actual physical control defense.

Our law firm offers free case reviews, click here to schedule time to speak with an attorney. Or give us a call at (602) 307-0808.


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