Mandatory Jail for a DUI in Arizona?
A primary concern for anyone arrested for DUI is whether they will have to go to jail. There isn’t a simple answer to that question. The maximum amount of time someone can be sentenced to serve in jail for a misdemeanor DUI is six months in Arizona.
However, depending on a person’s blood alcohol content and other factors, that time can be significantly reduced. But what makes Arizona DUI laws so harsh is that jail time is mandatory for a DUI conviction. Hiring an attorney for DUI is the best way to mitigate any potential penalties.
Will I Go to Jail for a DUI?
Most DUI charges are class 1 misdemeanors, the highest level of misdemeanor criminal offenses in Arizona. For any criminal offense in Arizona, there are intricate sentencing guidelines and various ranges of penalties that can be increased or decreased depending on mitigating and aggravating factors.
In a DUI case, a primary consideration for determining the length of a jail sentence is how high over the legal threshold the defendant’s blood alcohol concentration (BAC) was at the time of the DUI. Of equal consideration is whether the accused has any prior DUI convictions. For a Marijuana or Drug DUI, the prosecutor or judge will look at the overall quantity of the drug in a person’s blood.
Jail Time for DUI
If you’ve been charged with a DUI in Phoenix, AZ for the first time you may initially face a 10- day jail sentence. However, since it is a first time offense, it is possible for an attorney to argue to reduce that sentence down to just one day, which in turn could effectually be less than 24 hours.
Second-time offenders face 90 days in jail but may be eligible for home detention after serving a number of days in jail. Following the advice of a skilled Phoenix DUI attorney is the best way to ensure you receive the minimum penalty.
Jail Time for Extreme DUI
A first-time offender for extreme DUI in Arizona will face 30 days in jail with the possibility of serving some of that time on home detention. They may also have the ability to have some of that jail time “suspended,” depending on the court. A second offense carries 120 days in jail with the possibility of home detention.
Jail Time for Super Extreme DUI
For a super extreme DUI, a first-time offender will be ordered to serve a minimum of 45 days in jail, with some of the jail time being eligible for home detention and to be suspended depending on the court. A second offense super extreme DUI in Phoenix committed within seven years of a prior DUI carries a 180-day sentence with home detention after serving 36 jail days.
Factors that Increase Jail Time for a DUI
The law allows for a maximum sentence of six months in jail for a misdemeanor DUI. There are several common factors that can move a court or prosecutor to increase the sentence length.
These factors include:
- The person’s blood alcohol concentration
- Whether the person was involved in an accident
- If there is a combination of drugs and alcohol in the person’s system
- Whether the person has any prior DUI or drug or alcohol related criminal convictions
Consequently, there are certain specific factors that can aggravate a misdemeanor DUI into a felony DUI. These factors could significantly increase the potential length of incarceration and create the possibility of being sentenced to the Arizona Department of Corrections as opposed to a local jail.
Aggravating factors include:
- Transporting a child younger than 15 as a passenger
- Having an ignition interlock device installed at the time of the DUI
- Being charged with DUI while your license is suspended
- Driving the wrong way on the highway
- Being charged with a third DUI in an 84-month period
DUI Penalties Go Beyond Just Jail Time
In addition to mandatory minimum jail time, the penalties for a DUI conviction include fines and surcharges that can total thousands of dollars, mandatory drug and alcohol screening, education classes, and a term of community service.
The court will also likely order a term of supervised release in which you will be assigned a probation officer to oversee and enforce the terms of the sentence. Serving a term of probation can involve restrictions that impact a person’s ability to live a normal life, and a violation of probation can mean serving time in jail.
A DUI conviction will also result in a temporary loss of driving privileges, and one of the most severe DUI penalties is the requirement that those convicted must install an ignition interlock device in any vehicle they drive.
Because of the harsh penalties attendant to a DUI conviction, it is recommended to contact a DUI lawyer in Phoenix to review the specific facts and circumstances of your case to explore all possible defenses in order to beat a DUI charge.
Unexpected Consequences of a DUI Conviction
In addition to the penalties stated above, a DUI conviction can result in other unexpected consequences.
Endangerment of employment and driving privileges—a criminal record can harm your chances of getting or keeping a job, particularly for anyone who drives as part of their employment. For those that hold a commercial driver’s license, a report to MVD indicating a DUI charge with a BAC of 0.04% or greater can mean a one-year revocation of license privileges. Pragmatically, it will be more difficult to commute to school, work, mandatory education classes, and even to grab fast food from your favorite restaurant.
Installation of ignition interlock device—installing a court-ordered ignition interlock device for a year is expensive. If you are found guilty of a DUI, you must pay to rent the device in addition to having it inspected and maintained.
Impounded vehicle—If police have probable cause to believe your BAC is greater than 0.15% at the time of arrest, your vehicle can be impounded for 30 days.
From these examples, you get a sense of how DUI cases can vary in complexity. You can also see why it’s best to have an attorney for DUI by your side from arrest to resolution.
Ultimately, a knowledgeable DUI lawyer can put you in the best position to get your case dismissed, or at a minimum, reduce the penalties of a DUI conviction.
A DUI Defense Starts at the Traffic Stop
The moment a police officer pulls you over or comes in contact with you is when your DUI defense begins. This is because law enforcement is looking for a number of signs to establish probable cause, from the moment they first spot your vehicle until the moment they speak with you.
For instance, during a traffic stop the officer is actively looking for signs and symptoms of impairment. He or she will be acutely aware of your mannerisms, your ability to divert your attention, and your overall demeanor.
It’s important to be polite and respectful if you find yourself in this situation. It is also important to remember that everything you say can become evidence. Furthermore, you have a constitutional right to remain silent when asked any potentially incriminating questions, such as, “How much have you had to drink tonight?”
Our DUI lawyers advise you to politely tell the officer you are exercising your right to remain silent to avoid making any statements that may be harmful to you and could result in a DUI case.
If you do end up getting arrested for a DUI, you will then be asked to submit to a breath or blood chemical test. Refusal to submit to either test will most likely lead to these outcomes:
- Your license will be suspended.
- Police will get a telephonic search warrant resulting in a court order to draw your blood.
Fear not, an experienced attorney for DUI will have a number of possible defenses to fight your DUI charge. For more information about Arizona DUIs, check out our Arizona DUI Laws FAQs or talk to one of our Phoenix DUI attorneys.
Contact a Phoenix Attorney for DUI
If you or a loved one has been arrested and charged with DUI, we know your primary concern: “Will I go to jail?” Contact Lerner and Rowe Law Group today to schedule your free consultation and to begin your legal defense. Don’t lose hope. It may be possible to negotiate with the prosecution to reduce the charge, such as a first time regular DUI negotiated down to a reckless driving charge.
The DUI lawyers at Lerner and Rowe Law Group may be contacted 24/7, day or night by calling 602-667-7777.