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.
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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.
A home 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
Justice Courts Receiving Home Detention
- Agua Fria Justice Court
- Arcadia Biltmore Justice Court
- Arrowhead Justice Court
- Country Meadows Justice Court
- Desert Ridge Justice Court
- Dreamy Draw Justice Court
- East Mesa Justice Court
- Encanto Justice Court
- Hassayampa Justice Court
- Highland Justice Court
- Ironwood Justice Court
- Kyrene Justice Court
- Manistee Justice Court
- Maryvale Justice Court
- McDowell Mountain Justice Court
- Moon Valley Justice Court
- North Mesa Justice Court
- San Marcos Justice Court
- San Tan Justice Court
- South Mountain Justice Court
- University Lakes Justice Court
- West McDowell Justice Court
- West Mesa Justice Court
- White Tank Justice Court
Phoenix Municipal Court:
Super-Extreme DUI Conviction
- Phoenix Municipal Court
- Scottsdale City Court
- Gilbert Municipal Court
- Mesa Municipal Court
- Tempe Municipal Court
- Glendale Municipal Court
- Fountain Hills Municipal Court
- Chandler Municipal Court
"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver.
This is a prosecutor's worst nightmare, and it should be that way if you need an attorney."
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Real Client's Husband, Phoenix, AZ
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) 494-3444 or visit our contact page.
What Real People Are Saying
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.
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