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Misdemeanor DUI Penalties in Arizona

The Facts About a Misdemeanor DUI in Phoenix & Scottsdale, Arizona

Yes, Arizona’s DUI penalties are bad.  However, for purposes of getting you to sleep tonight, you should know that most misdemeanor DUI cases DO NOT result in long terms of jail. 

Even the thought of spending a minute in jail can be is terrifying. Accordingly, your lawyer should do everything possible to prevent you from spending even one minute in jail.   But, in the event of a conviction, the required time in jail is likely not as long as you imagined.

Jail math does its best to tell you that 2 + 2 = 7. Let’s see if we can make things add up correctly.

Misdemeanor DUI Penalties

MANDATORY MINIMUMS

*CURRENTLY in Maricopa County home detention is only permitted in city courts.  If your case is prosecuted in a justice court then home detention is not permitted.  Thus, an Extreme DUI can only be reduced to 9 days jail and a Super-Extreme DUI to 14 days jail.  And yes...this makes no sense.

Learn More About Home Detention

Second DUI Penalties

MANDATORY MINIMUMS

*PREVIOUSLY in Maricopa County home detention is only permitted in city courts.  If your case is prosecuted in a city court then home detention is available after 20% of your sentence.  Therefore, a person sentenced to a 2nd Extreme DUI could serve 24 days in hail and then serve the remainder of the sentence on home detention.  A second Super-Extreme DUI conviction would require an initial 36 days of jail before home detention.  That changed in September 2020.

Learn More About COVID-19 & DUI Home Detention

Arizona DUI Penalties in the News

Maricopa County Jail Information

Almost all Arizona DUI convictions that require jail allow you to self-surrender. That is, in Maricopa County, you can generally choose a date and surrender yourself to the jail.

Where Do You Self-Surrender?

Go to the east side of the building and then follow the sign for parking for Self-Surrenders.

Medical Screening

For stays longer one day you may be required to get a medical screening prior to beginning your term of jail. 

Lower Buckeye Jail

3250 W. Lower Buckeye Road,
Phoenix, AZ 85009
(602) 560-7837
(602) 560-7837

MCSO WEBSITE

COVID-19 & DUI Home Detention

Here is the latest administrative order regarding home detention for Arizona DUI cases: 2020-83

Subsection I, of Arizona’s Extreme DUI statute (A.R.S 28-1382) provides a method to substantially reduce the amount of jail if convicted of Extreme or Super-Extreme DUI.

After a conviction, the Arizona Motor Vehicle will be notified by the court of conviction and then issue an interlock requirement. Notice of the requirement is sent through the mail. This process can take weeks (in some cases even longer). Under subsection I, if you get the interlock at the time of sentencing (instead of waiting until MVD issues it after sentencing) the court can reduce your sentence as follows:

Keep in Mind:

  • Discretionary - the court has to order it.
  • First Offenses - not eligible for 2nd offenses.
  • Extents Interlock - no credit for early installation.

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Hiring an Experienced DUI/DWI Attorney in Phoenix, AZ

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations. 

An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.

You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.

An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602) 560-7837 or visit our contact page.

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    We fight to protect our clients’ constitutional rights, restore their dignity, and help them regain control of their lives. Your case is not just another file—it’s your future, and we are here to help you move forward.

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    We have an in-depth understanding of forensic science, which allows us to uncover flaws in evidence that others often miss. By challenging faulty forensic tests, we’ve achieved countless successes for our clients.

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    Our attorney is frequently invited to train lawyers in Arizona and across the nation on DUI and vehicular crime defense. This reputation as a trusted educator demonstrates the depth of our knowledge and expertise.

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    With over 20 years of combined experience as a former DUI prosecutor, Attorney Koplow brings unparalleled knowledge to the table.

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See What Our Clients Have to Say

At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Great trial attorney."

    Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.

    - Jesse S.
    "Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."
    As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.
    - Ryan M.
    "You cannot go wrong with Lawrence."

    Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.

    - Charity C.
    "No other lawyer knows the science of DUI like Lawrence does."
    Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!
    - Greg S.
    "It was miracle!"

    It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.

    - Joe C.
    "One of the best."
    Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.
    - Jack L.
    "You cannot go wrong with Lawrence."
    Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
    - Charity C.
    "Nobody knows the court and laws better than him."
    Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.
    - David E.

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