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Posted on January 31, 2025 in DUI
Arizona has a zero-tolerance policy for driving under the influence of alcohol or drugs, so DUI convictions come with mandatory jail sentences.
If you have been charged with a DUI offense, our criminal law and DUI law specialists can negotiate with prosecutors to resolve your DUI with a non-DUI alternative that doesn’t carry mandatory jail time. Call us at (480) 248-7666 to schedule a free consultation and see if our experienced attorneys can save you from jail time.
Arizona law gives a trial court judge discretion in making sentencing decisions if you are convicted at trial of DUI. The mandatory minimum jail terms for a DUI depends on various factors, including your blood alcohol concentration (BAC), what type of DUI you are found guilty of, if you have any prior DUI offenses within an 84-month period, and whether any aggravating circumstances were present.
If you are convicted of any DUI in Arizona, Arizona law mandates that you will spend at least one day in jail. How much longer you might be incarcerated depends on several considerations. These include:
Except for aggravated DUI, a conviction for DUI in Arizona is a misdemeanor-level offense. Misdemeanor crimes are subject to up to six months of incarceration. This means that for a DUI conviction, you will face at least one day in jail instead of an Arizona state prison.
A standard misdemeanor DUI in Arizona is one where your BAC level is at least 0.08% but below 0.15%. Two exceptions exist to this general rule:
Arizona law for a first-time standard DUI imposes a minimum 10-day jail term. It is possible, however, for a judge to reduce this to as little as one day, with the other nine days being suspended, if you complete alcohol or drug abuse treatment, counseling, and screening.
The minimum jail sentence increases to 90 days for a second or subsequent standard DUI. Up to 60 of these 90 days can be suspended if you complete alcohol or drug screening, education, and treatment.
If your BAC is between 0.15% and less than 0.20%, you will face harsher penalties, including longer mandatory DUI jail sentences. Your minimum jail sentence for a first-time extreme DUI offense is 30 days, 21 of which can be suspended by the trial court judge if you install an ignition interlock device on your vehicle(s) for not less than 12 months.
If you have a DUI conviction of any kind within the past 84 months, then a subsequent extreme DUI conviction minimum jail sentence increases to 120 days, none of which can be suspended.
If your extreme DUI conviction is the third DUI conviction in 84 months, it usually becomes a felony-level aggravated DUI, although the prosecution has the discretion to charge it either as a felony aggravated DUI or as a third-offense misdemeanor, the latter of which is highly unlikely.
A super extreme DUI occurs when your BAC level is above 0.20%. Your jail sentence for a first-time super extreme DUI conviction will be at least 45 consecutive days in jail, of which 31 days can be suspended if you install and maintain an ignition interlock device on your vehicle(s) for not less than 12 months.
If the super extreme DUI conviction is a second DUI conviction within 84 months, then the mandatory minimum jail sentence increases to 180 days with no eligibility for suspension.
This category of DUI applies if you are convicted of a DUI under the following circumstances:
For a first-time aggravated DUI conviction, you will be sent to prison (not jail) for not less than 4 months.
A second aggravated DUI carries a prison sentence of at least 2.25 years, a maximum of up to 7.5 years, and a presumptive prison sentence of 4.5 years. For a third offense, the minimum prison sentence is six years, a maximum of 15 years, and a presumptive sentence of 10 years in state prison.
Because judges have considerable discretion in determining DUI jail or prison sentences, how many days you may spend in jail or prison is determined case-by-case and judge by judge. Here are some factors that a judge will consider when deciding how much time you may serve.
Judges tend to be more lenient with first-time DUI offenders. For example, the minimum of one day in jail is only available to first-time standard DUI defendants.
For individuals with prior DUI convictions, this sense of leniency diminishes, and repeat offenders can expect longer sentences. For a second standard DUI offense, for example, the minimum sentence increases from 10 days to 90 days.
A judge has a range to choose from when considering your DUI sentence. This begins with a mandatory minimum jail sentence (or prison for a felony DUI), which is then subject to modification based on aggravating or mitigating factors and whether you are a repeat DUI offender.
Aggravating factors that can increase your time in jail or prison include causing an accident, reckless driving behaviors, or having a high BAC level.
Under Arizona law, many options exist for you to minimize or, in at least one situation, completely avoid a jail sentence or prison term for DUI. We recommend contacting the experienced Arizona DUI attorneys at Rosenstein Law Group to reduce or avoid jail or prison time.
For example, instead of aggravating factors that can increase your sentence, mitigating factors like a genuine sense of remorse and a willingness to reform your behaviors can work in your favor.
In addition, Arizona offers alternatives to serving your entire jail term. Below, we introduce some ways that you and your DUI defense lawyer can seek to use in your favor to modify a DUI jail or prison term.
The availability of alternative sentencing options depends on whether you qualify for them. Not everyone is eligible; for example, alternatives to actual time in jail are not available for violent criminal offenders, and house arrest/home detention may not be available if the jurisdiction you are convicted in does not offer such options.
Also, alternative sentencing is not a complete substitution for serving at least part of your jail sentence in actual jail. You will still have to serve at least one day in jail for a first-offense standard DUI.
Specific eligibility factors for alternative sentencing in Arizona DUI cases include:
Finally, the specific circumstances of your case, like personal, professional, or family responsibilities, can also play a role in determining your eligibility for alternative sentencing.
In some cases, the court may reduce your jail sentence if you agree to participate in a substance abuse screening and an alcohol and drug treatment program. These programs are designed to address the underlying issues related to the DUI offense and to reduce the prospect of future offenses.
You may be required to attend sessions in which victims of DUI incidents share their experiences.
IID installation is one way to show the court that you are taking steps to prevent future DUIs. Although an IID is mandatory for certain DUI convictions, voluntarily agreeing to its installation can be viewed favorably by the court.
Home detention may be possible in some misdemeanor cases once you have served at least 20% of your jail sentence. If granted, you must adhere to specific rules, and the judge can order additional restrictions.
If you are offered home detention, you must attend a mandatory orientation and have an ankle monitor GPS tracking device that also tests your perspiration to detect the presence of alcohol once you complete the mandatory minimum part of your jail sentence.
If you do not comply with the requirements of home detention, you may need to complete the rest of your sentence in jail.
In some cases, the prosecuting attorney may be willing to offer a plea deal, in which you agree to plead guilty to a lesser charge in exchange for dropping the DUI charge. Through negotiations, your DUI attorney may secure a deal that lessens the charges and penalties.
For example, your attorney may be able to negotiate a DUI charge down to a reckless driving charge, which carries lesser penalties and does not include mandatory jail time. Some prosecutors and judges may agree to give you credit for any time already served in jail as a result of being arrested, but generally, you have to have spent more than a couple of hours in custody for this to be considered.
This may be granted instead of, or in addition to, other forms of punishment, allowing the offender to remain in the community under supervision.
Work release allows you to go to work during the day and return to jail at night. Work release requires a judge to set the days and times of your release. For a DUI offense, you will not be allowed out more than 12 hours in a day or more than five days each week.
To participate in a work furlough program, your probation officer will screen you before sentencing, and you need to meet certain requirements. The probation office administers your work furlough program. Your probation officer will contact your employer and visit your workplace to ensure you are present.
You must pay a fee if you participate in work release or work furlough. Like with work release, there are restrictions on the number of hours and days you are let out to work. Certain jobs are not eligible for work furlough, such as for self-employed individuals who work for themselves and work from home.
This is the only way to avoid spending any time in jail or prison for a DUI charge. If your DUI defense lawyer can secure an acquittal for you by defeating one or more elements of the DUI charge against you, then you are not guilty, and there is no sentence and no jail time.
At Rosenstein Law Group, our law firm includes criminal law and DUI law specialists who can help secure the best possible outcome for your case.
Despite the mandatory jail time for DUI offenses, your Rosenstein Law Group attorney may be able to help you pursue alternative sentences to reduce or even eliminate a DUI jail sentence.
Call us now at (480) 248-7666 for a free consultation and see how we can help.