The Ultimate Guide to Mandatory Minimums
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.
STANDARD DUI | EXTREME DUI | SUPER-EXTREME DUI | |
---|---|---|---|
JAIL | 1 Day | 2 Days / 7 Days Home Detention* | 3 Days / 11 Days Home Detention* |
FINES | Yes | Yes | Yes |
CLASSES | Yes | Yes | Yes |
INTERLOCK | 1 Year | 1 Year | 1.5 Years |
*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.
STANDARD DUI | EXTREME DUI | SUPER-EXTREME DUI | |
---|---|---|---|
JAIL | 30 Days | 120 Days* | 180 Days* |
FINES | Yes | Yes | Yes |
CLASSES | Yes | Yes | Yes |
INTERLOCK | 1 Year | 1 Year | 2 Years |
COMMUNITY RESTITUTION | 30 Hours | 30 Hours | 30 Hours |
*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.
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.
Go to the east side of the building and then follow the sign for parking for Self-Surrenders.
For stays longer one day you may be required to get a medical screening prior to beginning your term of jail.
3250 W. Lower Buckeye Road,
Phoenix, AZ 85009
602-876-7300
602-876-1236
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:
MINIMAL JAIL | WITH SUBSECTION 1 | |
---|---|---|
EXTREME DUI | 30 Days | 2 Days + 7 Days Home Detention |
SUPER-EXTREME DUI | 45 Days | 3 Days + 11 Days Home Detention |
Discretionary - the court has to order it.
First Offenses - not eligible for 2nd offenses.
Extents Interlock - no credit for early installation.
Real Client's Husband, 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.
That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.
Real Client's Husband, Phoenix, AZ
"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.
REAL CLIENT, PHOENIX, AZ
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.
For more information, call our office at (602) 494-3444 or fill out the form and we will get back to you.
The best DUI defense stuff that only a few know and none want to share. A one of a kind annotated resource for lawyers, people accused, or anyone who wants to see what’s going on in our justice system with DUI cases…and how to fix it.
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