If you are arrested due to a DUI or driving under the influence in the state of Arizona, you will need a good DUI defense lawyer. David Michael Cantor is highly skilled in this area and can provide you with all the assistance you need in precharge felony DUI or misdemeanor DUI cases.
In Phoenix or anywhere else in Arizona, if you are arrested and subsequently questioned and then released without receiving a citation, or if the police contact you to about criminal allegations from someone else, this means you are in the “precharge” or “investigation stage” of a criminal case. You will want to ensure that you receive the services of a highly skilled DUI defense lawyer if you are arrest and accused of drunk driving. Needless to say, it is more beneficial to never be charged than to be charged and have those charges dismissed later, even if it is only five minutes later. After the charge, the information will be entered into the system and it will always follow you. This means that you will have to explain it any time you are applying for a job. Also, in certain cases, if you are charged, you may be placed in custody and deemed as “non-bondable” until the resolution of the case. In other words, even if you have money for a bail bond, you might still find yourself in prison for a year or longer while waiting for the case to resolve.
When you are stopped by a police officer for DUI, there is usually a blood or breath test and then you are released without any paperwork or citations. Police do this because they are waiting to get results from the tests, or they plan on doing a “long form” complaint and send the police report to the prosecutor’s office so that a decision can be made on whether you should be charged. In the case of a precharge misdemeanor DUI, there is one year for charges to be filed before the Statute of Limitations expires. If it is a precharge felony DUI, there are seven years in which the charges can be filed before the expiration of the Statute of Limitations. One thing to be aware of is that there is no Statute of Limitations for vehicular first degree murder. When DUI charges are in the precharge stage, it is absolutely essential for the attorney to convince the prosecutor to file lesser charges such as “reckless driving” or speeding or a lesser DUI or to not file charges at all.
In some instances, you might be served with what is known as an “administrative per se” or “implied consent” form, which is a DMV affidavit when you are arrested. This paper can be distinguished by its pink and yellow colors. A request for a hearing will then be made with the DMV. If the case involves a DUI, breath test results have to come back so it can be determined whether they were above or below 0.08. If they are higher than 0.08, the arresting officer will make a request for suspension with the DMV and then the DMV will contact you with a “notice of suspension”. It is important to contact your DUI defense lawyer immediately if you get this notice so you can have a hearing.
Your attorney will try to obtain a police report pertinent to your case. Generally, the lawyer is not permitted to have access to this document when the investigation is pending, but sometimes, there are mistakes made that can adversely affect your case. While the investigation is taking place, your attorney will make sure to tie up any loose end and interview witnesses during the precharge stage.
David Michael Cantor has over 25 years of experience in Arizona Criminal Law. David was designated a Certified Criminal Law Specialist by the Arizona Board of Legal Specialization. His law firm, DM Cantor is AV® rated (highest rating possible) by Martindale-Hubbell®. Over the years David has helped clients successfully defend themselves in precharge cases, if you would like to speak with our offices about your situation, call us at (602) 307-0808 to schedule a free consultation. We can also be reached via email, by using our secure and confidential form.