DUI Home Detention
Arizona’s extreme DUI statute is A.R.S. § 28–1382. Subsection (D)(1) requires thirty consecutive days in jail for a DUI involving an alcohol concentration of 0.15 or more but less than 0.20, and subsection (I) allows for all but nine of those to be suspended. For an alcohol concentration of 0.20 or more, the same subsections require forty-five consecutive days in jail and allow for all but fourteen days to be suspended. Depending on the court, you may be able to do home detention for some of your time. The relevant home detention statute is A.R.S. § 9-499.07. In 2011, Senate Bill 1200 made some substantial changes to the law. Here is what it changed regarding the eligibility requirements a prisoner must meet for the program: Notwithstanding section … Read entire article »
Filed under: DUI
Trusting Judges
For most felony offenses in Arizona, a person sentenced to a term of probation can be ordered to serve up to a year in the county jail. When prosecutors intend to seek jail time as a condition of probation, they usually say so up front. If it’s a guarantee, the plea will say “defendant shall serve…” before describing the amount of time, whether it’s a deferred term, and whether the defendant gets credit for time served. In other instances where jail is possible, the plea will say “the state anticipates requesting an initial jail term” or something along those lines. Occasionally, the prosecutor changes his or her mind between plea and sentencing. They will also say so if that’s the case. Other times, the probation department’s presentence report … Read entire article »
Filed under: Judges
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