Is Jail Mandatory for a DUI Conviction?
Arizona takes DUI offenses very seriously. DUI charges are class 1 misdemeanors that can be raised to felonies in aggravated cases.
Due to the gravity of DUI charges, those who are convicted will be required to serve jail time pursuant to A.R.S. 28-1381.
First DUI Offense
A base-level DUI conviction can occur when a driver is impaired in the slightest degree by drugs or alcohol, is found to have an illegal drug or its metabolite in the driver’s system, or when a driver has a blood-alcohol level (BAC) of .08 to .15. While state law requires all such first-time DUI offenders to serve at least 10 consecutive days in jail, at the time of sentencing, the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.
This means a DUI offender may potentially only be required to serve one day in jail.
It should be noted that if a judge decreases jail length to a single day, if the offender fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
Subsequent DUI Offenses
Anyone who is convicted of a baseline DUI as a second DUI offense within 84 months of the first DUI will be required to serve 90 consecutive days in jail.
Extreme or Super Extreme DUI Offenses
Those who are convicted of extreme or super extreme DUIs, which are those in which the driver’s BAC was .15 or higher, face higher fail time pursuant to A.R.S. 28-1382.
DUI offenders with a BAC between .15 and .20 (extreme DUI) will be sentenced to at least 30 consecutive days in jail. However, if the offender equips their vehicle with a certified ignition interlock device for one year, the judge may only require jail time of 9 days, suspending the rest of the jail sentence.
DUI offenders with a BAC of .20 (super extreme DUI) or higher will be sentenced to at least 45 consecutive days in jail. However, if the offender equips their vehicle with a certified ignition interlock device for one year, the judge may only require jail time of 14 days, suspending the rest of the jail sentence.
Subsequent Extreme or Super Extreme DUI Offenses
Anyone who is convicted of an extreme or super extreme DUI as a second DUI within 84 months of the first such conviction will face even more severe jail time.
DUI offenders with a BAC between .15 and .20 (extreme DUI) will be sentenced to at least 120 consecutive days in jail.
DUI offenders with a BAC of .20 (super extreme DUI) or higher will be sentenced to at least 180 consecutive days in jail.
Additional DUI Penalties
In addition to mandatory jail, DUI offenders can face hefty fines and be required to undergo drug or alcohol screening or education, perform community service, and equip their vehicle with a certified ignition interlock device. These penalties become more severe for subsequent DUI offenses.
Is Home Detention Possible?
In some cases, offenders may be able to serve some of their jail time through home detention. However, DUI offenses have special rules which mandate that at least 20% of any ordered jail time is served before they become eligible for home detention.
This means that, for example, if an offender is sentenced to serve 180 days in jail, they could spend only 36 days and spend the remaining 144 days in home detention.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
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At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
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