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Tag Archives: arizona DUI lawyer

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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November 3, 2010


In todays post David M Cantor, Arizona DUI Lawyer, discusses the Arizona DUI Defense known at Denial of Right to Counsel. When arrested for DUI, DWI, or Extreme DUI, upon requesting a DUI Lawyer in Arizona, the police must get you to a phone as soon as it is reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal.

Arizona DUI Lawyer Advice: The Right to Remain Silent-Use It!

Constitutional rights prohibit an officer from asking too many questions because the suspect might not know their purpose, or they could trick a suspect into making statements that might unfairly indicate guilt. Do not answer questions and do not admit anything.

The officer might ask (sometimes coerce) a DUI, DWI or Extreme DUI suspect to take coordination or field sobriety tests. Sometimes these tests are videotaped. Unlike the breath or blood test, the field sobriety tests are not objective. They are tests of a driver’s balance and dexterity. Only the officer at the scene determines the results. Do not do these tests. A subjective analysis is not something to which a person should submit.

Once a person has been taken into custody (or otherwise deprived of his or her freedom in any significant way), a police officer must advise that person of their Miranda Rights prior to asking any questions. If this is not done, then any illegally obtained statements may be suppressed.

If you are facing a DUI charge in Arizona, please call our offices today at (602) 307-0808 for a free case consultation.

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.

 

October 29, 2010

Arizona DUI Lawyer David M Cantor talks about the recent discovery of a 1988 Arrest involving Jan Brewer, current GOP candidate for Arizona Governor. David points out a few interesting parts of the story like the Police’s defense for dropping the charges based on Mrs. Brewer’s status as an Arizona Senator at the time. He also talks about how Jan Brewer has been involved with making current DUI laws much tougher and wonders how that might have changed had she actually been charged with a DUI back in 1988. Watch the video and let us know what you think.

Arizona DUI Lawyer David M Cantor talks about various types of DUI Defenses that his Law Offices will use in various DUI cases. It is important to know that just because you have been arrested you still have legal options and rights to exercise as an American citizen.

Arizona DUI Lawyer Defenses based on type of offense:

The Cantor Defense Team is highly versed in all areas of vehicular criminal law, including felony and misdemeanor charges of:

  • DUI
  • DWI
  • Vehicular manslaughter
  • Aggressive driving
  • Reckless driving
  • Unlawful flight from police
  • Hit and run
  • Other vehicular-related crimes

Almost every attorney on our DUI and Vehicular Crimes Defense Team is a former prosecutor. In fact, DM Cantor, P.C., have included former prosecutors from the following jurisdictions: the State of Arizona Attorney General’s office, the City of Phoenix prosecutor’s office, the City of Mesa prosecutor’s office, the City of Glendale prosecutor’s office, the City of Goodyear prosecutor’s office, the Maricopa County Attorney’s office, and the U.S. Attorney’s office.

October 2, 2010

After many video posts we felt it was a good time to give you some background on who David M Cantor, Arizona Criminal Attorney and Arizona DUI Lawyer, is, where he came from, and why he practices law. In this video David talks about how he ended up following in his parents footsteps, his experiences at law school, and how his law career came to be. He discusses his impressive experience as a prosecutor with an undefeated Jury Trial record and his extensive training in DUI prosecution and training of Arizona Judges, Prosecutors, and Police Officers.

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