Skip to Content
The Koplow Law Firm The Koplow Law Firm
Call Now: 602-560-7837
Top
Home Detention Approved For Maricopa County In DUI Cases

Home Detention

Arizona's Home Detention Statutes for DUI

Extreme and Super-Extreme DUI Attorney in Phoenix AZ

Arizona has an incarceration problem. We incarcerate people at a higher rate than most other states and many other countries.

Incarcerating such a high rate of people comes with both a social and economic cost. To address these issues, several years ago the Arizona legislature passed a law that authorized a portion of a jail sentence to be served by house arrest.

In Arizona we call this “home detention“, “continuous alcohol monitoring” or “electronic monitoring.” However, home detention has not been available in all Arizona courts.

Arizona's Two Home Detention Statutes

County Home Detention Law

The Arizona legislature passed A.R.S. § 11-251.15. This law authorized the county Board of Supervisors to approve a home detention program as a sentencing option in misdemeanor DUI cases.

Ahome detention program allows a DUI defendant, following an initial mandatory period in custody, to serve the remainder of the sentence on home detention.

Municipal Home Detention Law

The Arizona legislature also passed A.R.S. § 9-499.07. This statute is similar in almost every respect to its county counterpart – except as to what jurisdiction it pertains. It provides a city or town may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail.

This statute required “[t]he presiding judge of the city or town municipal court shall approve the program before its implementation.”

The Problem

Same Conviction Different Penalties

After the Arizona legislature passed both of these laws most courts implemented some form of a home detention program. However, there was one notable exception – Maricopa County. This created a system where people convicted of the same criminal offense (e.g. a DUI) receive dramatically different jail sentences.

Concurrent Jurisdiction

Maricopa County has numerous courts with overlapping jurisdiction. The two kinds of courts with concurrent jurisdiction are called City Courts (municipal) and Justice Courts (county). For example, Desert Ridge Justice Court is within a sub-section the City of Phoenix. 

Arizona law permits an officer to submit citations to either the Desert Ridge Justice Court or the Phoenix Municipal Court. One court having home detention and the other does not. Thus, people prosecuted in city courts get home detention and people prosecuted in justice courts do not. 

The Different Jail Sentences

Phoenix Municipal Court: Super-Extreme DUI Conviction

  • 45 day mandatory minimum jail sentence

After all legally available sentencing reductions

  • 3 days initial jail
  • 11 home detention

Justice Court: Super-Extreme DUI Conviction

  • 45 day mandatory minimum jail sentence

After all legally available sentencing reductions

  • 14 days jail
Continue Reading Read Less

Hiring an Experienced DUI/DWI Attorney

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.

Continue Reading Read Less

Hear From the People We’ve Helped

Testimonials and Reviews

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.

DUI Library

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.

Ready To Fix This?

Your Defense Starts Here

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a value.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Restoring Lives, Protecting Rights

    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.

  • Forensic Knowledge You Can Trust

    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.

  • Leaders in DUI Defense Training

    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.

  • Personalized Representation

    When you choose our firm, you work directly with the attorney handling your case. We are dedicated to providing a 1-on-1 relationship to fully understand your unique circumstances and craft a defense strategy specifically for you.

  • Creative and Strategic Defense

    Our innovative and tailored defense strategies set us apart. Judges and lawyers recognize our firm for pushing boundaries and challenging the status quo to achieve the best possible results for our clients.

  • Decades of DUI Defense Experience

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