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DUI Guide

Melanie Beauchamp, the founder of Oracle Law Group, wrote the go-to book for anyone facing DUI charges in Arizona. Oracle Law Group is now offering an online copy of this book, DUI: The Next Day, free of charge. If you are facing DUI-related troubles, please use this resource to get your life back on track.

dui guide cover page

Your Legal and Emotional Guide to Arizona’s Confusing DUI Process
Melanie E. Beauchamp
Author, Attorney at Law
Copyright © 2012 Beauchamp Law Office P.C. (Reviewed 2016 for Accuracy)
ISBN 978-0-9887777-0-5

Table of Contents:

CHAPTER 1: DOCUMENTS YOU MAY RECEIVE WHEN ARRESTED AND HOW TO READ THEM
CHAPTER 2: IMPOUND: THEY CAN TAKE YOUR VEHICLE FOR UP TO 30 DAYS
CHAPTER 3: IF I GET A DUI IN ARIZONA, WHAT HAPPENS IN COURT?
CHAPTER 4: WHAT WILL HAPPEN TO ME IF I AM CONVICTED OF A DUI FOR THE FIRST TIME? THE AMOUNT OF ALCOHOL IN YOUR BLOOD DETERMINES YOUR PENALTY
CHAPTER 5: WHAT WILL HAPPEN TO ME IF I AM CONVICTED OF A DUI FOR THE SECOND TIME? THE DATE OF YOUR FIRST DUI AND THE AMOUNT OF ALCOHOL IN YOUR BLOOD DETERMINES YOUR PENALTY
CHAPTER 6: WHAT WILL HAPPEN TO ME IF I AM CONVICTED OF A DUI FOR THE THIRD TIME? THE DATE OF YOUR PRIOR DUIS AND THE AMOUNT OF ALCOHOL IN YOUR BLOOD DETERMINES YOUR PENALTY.
CHAPTER 7: WHAT WILL HAPPEN TO ME IF I AM CONVICTED OF A DUI FOR THE FOURTH TIME? THE DATE OF YOUR PRIOR VIOLATIONS AND THE AMOUNT OF ALCOHOL IN YOUR BLOOD DETERMINES YOUR PENALTY
CHAPTER 8: WHAT ARE THE PENALTIES IF THIS IS MY SECOND FELONY DUI?
CHAPTER 9: WORK RELEASE: WHAT IS IT? WHO GETS IT?
CHAPTER 10: HOME DETENTION ALSO KNOWN AS HOUSE ARREST: WHAT IS IT? WHO GETS IT?
CHAPTER 11: WORK FURLOUGH: WHAT IS IT? WHO GETS IT?
CHAPTER 12: MVD AND YOU: A TUMULTUOUS AND CONFUSING RELATIONSHIP. NEVER FORGET: ALWAYS KEEP YOUR ADDRESS CURRENT WITH MVD
CHAPTER 13: A NECESSARY EVIL TO GETTING YOUR LICENSE BACK: DRUG AND/OR ALCOHOL SCREENING
CHAPTER 14: WHAT IS A SIIRDL? WHO GETS ONE? HOW DO I GET ONE?
CHAPTER 15: WHAT IF I LIVE IN ANOTHER STATE AND AM CHARGED WITH A DUI IN ARIZONA?
CHAPTER 16: WHAT IF I HAVE A DUI FROM ANOTHER STATE AND GET A DUI IN ARIZONA?
CHAPTER 17: CAN I LOSE CUSTODY OF MY CHILD IF I AM CONVICTED OF DUI?
CHAPTER 18: CAN I BE DEPORTED IF I AM CONVICTED OF DUI?
CHAPTER 19; WILL MY MUG SHOT BE POSTED ON THE INTERNET?
CHAPTER 20: I AM EMOTIONALLY DEVASTATED BY THIS DUI: IS THAT NORMAL?
EPILOGUE
APPENDIX A – DOWNLOAD AN ARIZONA DUI PENALTY CHART (CLICK IMAGE TO DOWNLOAD)

 

Chapter 1. Documents You May Receive When Arrested and How to Read Them

When you are arrested for misdemeanor DUI, the officer may or may not provide you with documentation. For the most part, if you have been charged with a misdemeanor DUI, the officer may provide you on the night of your arrest with two important documents: an Arizona Traffic Ticket and Complaint, and an Admin Per Se/Implied Consent Affidavit. We recognize that you may also receive other documentation from the officer such as a tow sheet or Impound Notice for your car, a duplicate breath test advisory, and an independent test advisory, which we will not address in this chapter.

The officer should provide you with an Arizona Traffic Ticket and Complaint. Second, you may or may not receive a second document, the Admin Per Se/Implied Consent Affidavit. If you have been charged with a felony DUI or the officer does not wish to submit for misdemeanor prosecution, you may not receive these documents on the night of your arrest. If you are charged with a felony, the charging process is different and we advise that you seek the advice of an attorney immediately due to the seriousness of the charges and potential for prison time.

Arizona Traffic Ticket and Complaint

On the night of your arrest, the officer should provide you with an Arizona Traffic Ticket and Complaint (citation) very similar to the one on the next page. Be sure that all the biographical information, such as your name, address, license number, and date of birth, are correct. Across the bottom of the citation there are two important pieces of information: the name and address of the court in which you must appear and the date and time of your arraignment. Unless you have made alternative arrangements with the Court or hired an attorney, you must appear on that date or a warrant will be issued for your arrest.

If you look to the far right-hand side of the citation, you will see that there are various boxes by each violation. The officer will indicate whether the charges are criminal or civil by checking these boxes.

You will also notice that you may have been charged with multiple counts of DUI. This is normal. The State does this to ensure maximum possibility of conviction. If this is an alcohol-related DUI, you can be charged with as many as four counts of driving under the influence. The State is permitted to do this and may later dismiss the charges that it believes the evidence cannot support.

You may have also been charged with civil violations, such as speeding or failing to stay within your lane. This is also normal. Be aware, because MVD uses a point system, every moving violation will result in points against your driver license. Therefore, if you appear at the arraignment and simply plead guilty to all charges, you may receive a notice from Motor Vehicle Department of a suspension due to a points violation. This is in addition to any suspension related to your DUI.

arizona traffic ticket and complaint

 

What is Admin Per Se/Implied Consent?

By driving a motor vehicle on Arizona roads, you imply consent to provide a chemical test if the officer has probable cause to believe that you are driving impaired. Hence the name, “Implied Consent.” Any person who operates a motor vehicle in Arizona gives consent to have their blood, breath, urine or other bodily substance tested for the purpose of determining alcohol concentration (BAC) or drug content if the person is arrested for DUI or underage DUI. The law enforcement officer must have probable cause to believe that the person was DUI or underage DUI.

Will they give me a copy of the affidavit when I am arrested?

If you are charged with DUI, depending on the type of chemical test used and the court in which you are arrested, you may or may not be provided with this form during the DUI arrest process.

Refusal to provide a chemical sample. If you have refused to provide the officer with a chemical sample, the officer will inform you that your license will be suspended for twelve (12) months. This 12- month suspension takes effect even if the officer obtained a search warrant and obtained a sample of your blood despite your refusal. Even though the officer ultimately obtained a chemical sample, your refusal will result in a 12-month suspension.

Breath test jurisdictions. If the police force which arrested you uses an Intoxilyzer 5000 or Intoxilyzer 8000 and you tested over 0.08 BAC, you will be provided with a copy of the affidavit and told that if you do not request a hearing, your license will be suspended within fifteen (15) days of the date of affidavit. Please note that a portable breath test is different than an Intoxilyzer. Do not get the two confused.

Blood test jurisdictions. You may or may not receive an affidavit in blood test jurisdictions. Although they do not have the results of your blood test yet, some departments, such as Phoenix Police, will issue an order of suspension on the night of your arrest. Other jurisdictions will not provide you with a copy of an affidavit. Rather, once the arresting officer receives the results of the blood test, he will notify MVD. MVD will issue a Corrective Action letter notifying you of your suspension because your BAC was over 0.08.

Right to a Hearing

Upon receiving an Admin Per Se Affidavit or Corrective Action Notice, you have the right to be heard by an Administrative Law judge at the Executive Hearing Office of the Motor Vehicle Division. Be aware of the strict timelines for requesting the hearing. If you do not request a hearing within the timelines indicated on the Admin Per Se Affidavit or Corrective Action Notice, your right to a hearing will be forever waived.

Should I request a hearing?

We cannot answer this question without a thorough review of the facts of your case and your criminal and driver history. However, be aware that if you do not request a hearing within the 15-day time frame, your ability to request a hearing will be forever lost.

How do I read the affidavit and what do I do?

First, review the affidavit and be sure that all the biographical information is correct. This includes, but is not limited to, such items as your name, address, and driver license information.
Second, review the affidavit to make sure that it is factually accurate. This includes the date, time, location, and other case-specific facts.

Third, look at the order of suspension, which is about two-thirds of the way down the page. If you refused to provide the officer with a chemical sample, the officer will check the box that suspends your license for twelve (12) months. If you provided a chemical sample and it is over 0.08 or the officer believes that you were impaired by alcohol or drugs, the second box will be checked. In either case, you only have fifteen (15) days from the date the Order of Suspension is served on you to request a hearing. Therefore, you must pay close attention to this document and ensure compliance with these deadlines.

Below is an example of the Arizona Department of Transportation Motor Vehicle Division Admin Per Se/Implied Consent Affidavit

dui guide admin per se:implied consent affidavit

dui guide admin per se:implied consent affidavit back

 


 

Chapter 2. Impound: They Can Take Your Vehicle For Up To 30 Days

Believe it or not, Arizona’s DUI impound laws may put you in a position where you would have been better off to have lost your car.

Why the Officer Will Take Your Vehicle

First, you must be legally stopped and arrested for DUI. If you’re under 21 and there is alcohol in your system while driving or your blood alcohol content (BAC) is above .15, the officer may impound your vehicle for at least 30 days.

The officer, of course, must collect evidence prior to impounding your vehicle. For the most part, an underage driver’s admission that they were consuming alcohol prior to or while driving is a sufficient factual basis to allow the officer to impound the vehicle. A reading of a .15 or more on a portable breath test or the breath test at the station or mobile DUI station (this is called an Intoxilyzer 5000 or 8000) provides sufficient factual basis for impoundment. Unless you were blood tested at a hospital facility, it is unlikely that you will have blood results on the night of the arrest. However, a BAC over .15 may also serve as the factual basis for impoundment.

Your vehicle can be impounded for other reasons as well. In addition to an extreme DUI (BAC of .15 – .199), a super extreme DUI (BAC of .20 and above), or if you are under age 21 and driving with any amount of alcohol in your body, your vehicle can also be impounded if your driving privileges are revoked, suspended or if you have an accident while driving without insurance.

For example, suppose you are stopped by an officer, your BAC is .088, and the officer informs you that your driver license was suspended for failure to pay a traffic ticket. The officer may then impound your vehicle for 30 days.

Why the Officer Will Not Take Your Vehicle

Note: If you have no ownership interest in the vehicle, the police cannot impound the vehicle for 30 days; Police may impound the vehicle until the rightful owner retrieves the vehicle from the tow yard.

The officer will not take your vehicle if they determine that ALL of the following criteria are met:

    1. The vehicle is currently registered.
    2. The vehicle is insured.
    3. The spouse of the driver is with the driver at the time of arrest.
    4. The spouse of the driver has a valid driver license.
    5. The spouse of the driver is not impaired.
    6. If the spouse of the driver is under 21 and has no alcohol in their system.
    7. The spouse of the driver notifies the officer that he or she will drive the vehicle home or to a safe place.
    8. The spouse of the driver complies with all traffic laws while driving the vehicle.

Scary Story:

What happens if your friend or spouse borrows your car, gets an extreme DUI, and gets your vehicle impounded? Will you be without a car for the next month?

Lucky for you, the answer is “No.” If someone gets an extreme DUI while they are driving someone else’s car, the owner can retrieve it from the towing company’s storage facility. You will have to go to the police station in the city where the DUI occurred to sign an Agreement of Operation, and present a valid driver license, vehicle registration, and proof of insurance to get your vehicle back. If your spouse was using your vehicle when he or she was arrested for an extreme DUI, you will have to sign an agreement stating that you will not allow your spouse to drive the vehicle without a valid driver license. Your spouse’s license will be suspended for 90 days, but your spouse may apply for a restricted driving permit to restore some driving privileges 30 days after the suspension began.

When you reclaim your car, you will also be responsible for paying all the fees to get the vehicle released. You must pay an administrative fee at the police station and the fees for towing and storage at the towing company. Since you were not responsible for the impoundment, you may require your friend who got the DUI to reimburse you for these costs. If your friend refuses to pay, you can file a civil lawsuit against them (most likely in small claims court) to get your money back.

Can I (or someone else) get my vehicle back prior to the end of the 30-day impound?

No, if both of these statements are true:

  1. You are the sole owner, and
  2. You cannot demonstrate any undue hardship that would result from not having your vehicle. Undue hardship includes physical disabilities or illness or the necessity of caring for someone with physical disabilities or illness. Undue hardship does not include transportation to and from work.
    Yes, if any one of these statements is true:

  1. The vehicle is stolen.
  2. The vehicle is subject to bailment and is driven by an employee of a business establishment, such as a parking service repair garage (i.e., you leave your car with a valet or repair shop and they take a “booze cruise”).
  3. Your vehicle was impounded solely for a suspended license and you present proof that your driving privilege has been reinstated.
  4. The owner of the vehicle was not the one charged with the DUI, AND the owner is in the business of renting motor vehicles — the vehicle is registered and insured as a rental and there was a rental agreement in effect at the time of the DUI stop and impoundment.
  5. The spouse of the owner who was arrested for DUI agrees (a) not to allow an unlicensed driver to drive the vehicle and (b) that if the vehicle is impounded again there will be no early release the next time.
  6. The vehicle can be released to a licensed financial institution that has a security interest (a lien – they loaned you the purchase money) in the vehicle.
  7. A person proves to the tow yard that he or she has a right to repossess the vehicle – that person must provide either a document called an Affidavit of Foreclosure and/or a court order.

Of course, no vehicle will be released to any driver who does not have a valid driver license, current vehicle registration, current insurance and proof of installation of a functioning certified ignition interlock device if one is so required. A certified ignition interlock device is the breath test that you must place in your car. The car will not start if you test positive for alcohol. The device demands that you blow as you drive. If you test positive for alcohol while driving, it will give you a warning and then shut the engine off.

You are the Owner of the Vehicle, What to Do Next?

The Notice of Impound

You will have questions about where your vehicle is and how to get it back. The agency that arrested you should have provided you with a Notice of Impound that should explain your rights and the process surrounding recovery of your vehicle.

The Notice of Impound should provide the name, address and telephone number of the facility to which your vehicle was towed. The vehicle impound report should also provide the name and contact information of the police station that you would contact to request a hearing. A hearing allows you to plead your case and explain why you should get your car returned without having to wait 30 days.

If the officer failed to provide you with a Notice of Impound report, you can call the law enforcement agency that arrested you or look on their website and the information should be available.

See “How to get your car — the process explained step-by-step” at the end of this chapter for more details.

The Hearing

You, your spouse or any interested party may request a hearing for you. You must request a hearing within ten (10) days of the impound. The hearing may be held telephonically and must be conducted within five (5) business days of the request for a hearing.

This hearing may be conducted by either the police agency that impounded the vehicle or the justice court within that jurisdiction. This hearing may also be conducted by a law enforcement agency in the jurisdiction in which the owner or interested party resides.

At this hearing you may present any evidence of why the vehicle should not be impounded. This may include an improper stop by the officer, undue hardship and any other reason relating to why the impound was improper. If a determination is made that the vehicle should not have been impounded, the impounding agency must pay all the fees and costs.

The Administrative Fees: Yes, You Must Pay Them

When you arrive at the tow yard to collect your vehicle, you will be informed that you must pay an “administrative fee.” This fee is authorized by law and you must pay it or your vehicle will not be released.

You could lose your car forever. Make sure you get your vehicle immediately upon release because storage fees continue to accumulate and it may become unclaimed property.

If you leave your car sitting in the tow yard, you will have to pay storage fees for the time it remained in the tow yard. Even worse, it can be considered abandoned property and sold at auction.

By law, the yard does not have to release your vehicle until the storage fees have been paid. The storage fees can range anywhere from $10-$30 per day. Therefore, be sure to reclaim your car as soon as the police hold is lifted.

If you do not claim your vehicle after 30 days of impoundment, the towing company may apply for an abandoned title to the vehicle and then auction it off or sell it as scrap metal. If you intend to reclaim your vehicle but cannot pick it up after 30 days, contact the towing company and tell them that you want to retain ownership of your vehicle. Be sure to document this request by sending this request by facsimile, e-mail or certified letter. You should not leave such an important request to simply a phone call. It will be your burden to prove that such a request was made on the tow company. The lack of written proof may make it difficult to prove later in court that you did, in fact, make a request to retain ownership of the vehicle.

How to get your car – The Process explained step- by-step

You can get your vehicle back on or after the 30th day of impound if you have your driver license reinstated, or you bring a licensed driver with you. Your driver license was likely suspended for 90 days when you were arrested for DUI. You must apply for a restricted driving permit through the Motor Vehicles Department to restore some of your driving privileges. Without this, you will not be able to get your vehicle released.

If you receive your restricted driving permit or have your driving privileges reinstated prior to 30 days after your DUI arrest, you may reclaim your vehicle early. You may also bring a licensed driver with you to reclaim your vehicle. The licensed driver will have to take responsibility for the vehicle and agree to not allow you to drive the vehicle until your driver license is reinstated.

Once you have your driving privileges restored, or you have a licensed driver who agrees to drive your car, you must contact the police department in the city where you were arrested to get a release form. You must show a valid driver license, vehicle registration, and proof of insurance. You must also pay an administrative fee. The towing company will not release your vehicle to you without a release form. It is best to call the police department in advance to determine where you need to go, if you need an appointment, and what forms of payment they accept. To arrange an impound hearing, here are the local police station phone numbers:

Apache Junction: 480-982-8260
Avondale: 623-333-7014
Buckeye: 623-349-6444
Chandler: 480-782-4109
El Mirage: 623-433-9500Gilbert: 480-635-7511
Glendale: 623-930-3255
Goodyear: 623-882-7400
Maricopa: 520-316-6918
Mesa: 480-644-6080
Paradise Valley: 480-948-7418
Peoria: 623-773-7086
Phoenix: 602-495-2096
Scottsdale: 480-312-5314
Surprise: 623-222-4333
Tempe: 480-350-8465
Department of Public Safety (DPS): 602-223-2504
Maricopa County Sheriff’s Office: 602-876-1011

 

Chapter 3. If I Get A DUI In Arizona, What Happens In Court?

Important note: Remember you will be processed through both the Court and MVD. For the most part, these are completely separate and distinct processes. MVD is a civil process and the Court is a criminal process. This chapter applies only to the court process.

If you are arrested for a DUI, extreme DUI, or super extreme DUI in Arizona, you will face a court proceeding to determine if you are guilty or innocent of the charge and what your punishment, if any, will be. You may feel confused and overwhelmed by the process and what to expect at each step.

In Arizona, DUIs, extreme DUIs, and super extreme DUIs are all misdemeanor charges. They are governed by Arizona Revised Statutes (A.R.S.) §§ 28-1381 – 1382. If you are charged with a misdemeanor DUI, here is the process you will face.

Arrest. When you are arrested for DUI, you must comply with a blood, breath, or urine test to determine your blood alcohol content (BAC).

Failure to comply with this test will result in an automatic one-year suspension of your driver license. Most people are released after they are processed by the police at the police station or in a mobile DUI unit.

You will receive paperwork that informs you of your charges and the date of your arraignment. You will be ordered to appear at the city court or justice court where you were arrested.

Arraignment. Your arraignment is your first court appearance. It usually occurs within 30 days of your arrest. You will be formally informed of the charges against you and you will be asked to enter a plea of “not guilty,” “guilty,” or “no contest.” Except in rare circumstances, you should plead “not guilty.” If you do not say anything, a plea of “not guilty” will be entered upon your behalf. You will be informed of your right to an attorney, your right to remain silent, and whether you are eligible for a court-appointed attorney. You will also be given the date for your pre-trial conference. (Arizona Rules of Criminal Procedure Rules 4.1, 5.8, and 14.1.)

Pre-trial Conference. Your pre-trial conference will occur within 45 days of your arraignment. Here, your DUI attorney will negotiate with the prosecutor to see if the State can offer you a plea bargain. Your attorney will discuss the offer with you and whether you should take it. If you take the plea agreement, you may plead guilty to a lesser charge and accept the consequences of that plea. If you do not come to an agreement, your case will go to trial. (Arizona Rules of Criminal Procedure Rules 16.4 and 16.5.)

Pre-trial Motions and Hearings. Your DUI attorney will file pre-trial motions and attend pre-trial hearings in an attempt to keep certain pieces of evidence from being used against you at trial. These motions must be submitted at least 20 days before trial and the prosecutor will have 10 days to respond. These motions and hearings may result in the charges being dismissed. (Arizona Rules of Criminal Procedure Rules 16.1-16.3 and 16.6.)

Trial. If your case goes to trial, your case will be heard by a judge and a jury, and the jury will decide if you are guilty or not guilty of DUI. If you opt for a bench trial (judge and no jury), your case will be decided by the judge. For most people, it’s best to have your case decided by the jury.

At your trial, your attorney and the prosecution will select the jury, present opening statements, question witnesses on the stand, and end with their closing arguments. The prosecution has the burden of proving that you are guilty. You are not required to testify on your own behalf. (Arizona Rules of Criminal Procedure Rules 18-23.)

Sentencing. If you are found guilty of DUI, you will face a mandatory sentence in Arizona that will include jail time, fines, counseling, a suspended driver license, an ignition interlock device and probation. It also may include community service, and an impounded vehicle. You may be sentenced at your trial or at a sentencing hearing that will occur within 30 days. (Arizona Rules of Criminal Procedure Rules 26.2-26.3, 26.9- 26.12, and 27.)

Appeal. If you feel you were unjustly convicted, you may appeal the conviction. (Arizona Rules of Criminal Procedure Rule 30.)


 

Chapter 4. What Will Happen To Me If I Am Convicted of a DUI For The First Time?

The Amount of Alcohol in Your Blood Determines Your Penalty

If this is your first DUI in 84 months (seven years), the court will look at how the State charged you as well as your blood alcohol content (BAC) or the presence of any illegal or prescription drugs in your system at the time of the arrest.

Read your charges, which can be found on your traffic citation or in your Information (an Information is a type of legal document used to press charges against you) or indictment. To determine your penalty, use our penalties chart found on page 86 or you can refer to the information in this chapter to determine possible penalties, which are based on how you have been charged by the State.

 

arizona traffic ticket and complaint

How Do I Read the Ticket to make sure that I am doing everything correctly?

If you have been arrested and charged with a misdemeanor DUI and you are an Arizona resident, you will most likely receive a traffic citation and be released to a taxi cab or friends. Your citation will look like the following:

What do I do with the traffic ticket/citation?

First, across the bottom of your citation you will see a court name and address and a date on which you are to appear in the listed court. Do not fail to appear on that date; otherwise, a warrant will be issued for your arrest.

Next, you will see a list of the traffic laws you are accused of violating. Some of them will be criminal and some of them will be civil. If you look in the right-hand column of the citation, you will see a box that indicates whether the infraction is civil or criminal. The officer must check the box and indicate that you are being charged with either a criminal or civil violation. Note: This is not as simple as you may think. For example, a speeding violation may be either civil or criminal. Therefore, pay close attention to whether your charge is civil or criminal. Obviously, they have very different consequences.

Next, review the biographical and incident information carefully. Is your name, address, date of birth, driver license number, state of birth and other biographical information correct? Does the officer have the location, date, time and place described correctly?

This traffic ticket is your first and most important document. Without this ticket, you will be unable to proceed to your next step because you will not know where and when to appear in court.

Do all of the Courts treat Defendants the same?

No. They are supposed to, but that does not always happen. Your attorney should be very familiar with the court in which you must appear because the sentencing statutes can be read and interpreted differently by different judges and different courts. For example, Arizona Revised Statutes (A.R.S.) § 28-1383 subsection I allows judges to suspend all but nine (9) days of a thirty (30) day first-time extreme sentence if the defendant shows proof that they placed an interlock ignition device on their vehicle for one year. This section allows a judge to suspend all but fourteen (14) days of a forty-five (45) day super extreme sentence if the defendant provides proof that they have equipped their motor vehicle with an interlock for twelve (12) months.

Some judges refuse to follow this structure because they are not prepared to monitor installation of the interlock device. Similarly, judges may deviate from statutory provisions relating to home detention and division of your jail sentence between jail and home detention. Therefore, it is not uncommon that you may serve more or less time in jail than your friend who was found guilty of the same charges in a different court or before a different judge.

In Arizona, for a first DUI conviction you may receive the following penalties:

FIRST OFFENSE REGULAR DUI (Misdemeanor)

1) Driving While Impaired by Drugs, Alcohol or Combination Thereof to the Slightest Degree
CAUTION: Notice that there is no requirement that you have a particular level of alcohol or drugs in your blood. This charge merely requires that you have consumed alcohol and/or drugs and that the State can prove that the drugs or alcohol consumed impaired your ability to drive to the slightest degree.

This is a very broad method of charging and if you make admissions that you were impaired by drugs and/or alcohol, the State may be able to prove you guilty. The penalties include:

  • One or more days in jail.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more.
  • Suspension of your driver license for at least 90 days.
  • Use of an interlock ignition device for at least six months.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible court order to perform community restitution.

2) Driving with a BAC of more than .08 but less than .015
The penalties include:

  • One or more days in jail.
  • Fines, surcharges, jail fees, DPS assessments, prison funds fees and other miscellaneous court fees of approximately $2000 or more.
  • Suspension of your driver license for at least 90 days.
  • Use of an interlock ignition device for at least six months.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible court order to perform community restitution.

3) Driving with drugs or their metabolites in your body, even if you are not impaired by that drug
The penalties include:

  • One or more days in jail.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more.
  • Revocation of your driver license for at least one (1) year.
  • Use of an interlock ignition device for up to 12 months.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record statutorily.
  • Possible court order to perform community restitution.

CAUTION: Under Arizona law, you can be convicted of DUI without your having a specific level of certain drugs in your blood and regardless of whether you are impaired by those drugs. Those certain drugs are listed in Arizona Revised Statutes § 13-3401. The list is long and includes illegal drugs, prescription drugs and, in some cases, the drugs’ metabolite(s). If the chemical test of your blood shows that you have in your system one of the statutorily listed drugs or its metabolite, then you get a DUI. The State does not have to prove you or your driving were impaired by that drug or by any other drug. You cannot be convicted on a DUI charge, however, if you are using one of the statutorily listed drugs that was prescribed by your doctor and your driving was not impaired by the medication.

FIRST OFFENSE EXTREME DUI (Misdemeanor)

BAC Between 0.15 – 0.199

The penalties include:

  • Thirty (30) or more days in jail.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more.
  • Suspension of your driver license for at least 90 days.
  • Use of an interlock ignition device for up to twelve months.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Possible court order to perform community restitution.

FIRST OFFENSE SUPER EXTREME DUI

BAC More Than 0.20

The penalties include:

    • 45 or more days in jail.

Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of at least $4000 or more.

  • Suspension of your driver license for at least 90 days.
  • Use of an interlock ignition device for at least eighteen (18) months.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible court order to perform community restitution.
  • Possible impoundment of vehicle.

FIRST OFFENSE AGGRAVATED DUI (FELONY)

Yes, your first DUI can be a felony if you are driving impaired:

    • 1) While your driver license is suspended, canceled, revoked, refused or on restriction; or

2) While a person under 15 years of age is in the vehicle with you.

The penalties include:

  • One or more days in jail and up to four months in prison.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more.
  • Suspension of your driver license for at least one year.
  • Use of an interlock ignition device for at least one year after reinstatement.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Possible court order to perform community restitution.

 

Chapter 5. What Will Happen To Me If I Am Convicted of a DUI For the Second Time?

The Date of Your First DUI and the Amount of Alcohol in Your Blood Determines Your Penalty

If this is your second DUI in 84 months (seven years), the court will look at how the State charged you, the date of violation of your prior DUI and your blood alcohol content (BAC) or the presence of any illegal or prescription drugs in your system at the time of your second arrest.

Read your charges, which can be found on your traffic citation or in your Information (an Information is a legal document used to press charges against you) or indictment. To determine your penalty, use our penalties chart found on page 86 or you can refer to the information in this chapter to determine possible penalties, which are based on how you have been charged by the State.

In Arizona, for a second DUI conviction you may receive the following penalties:

SECOND OFFENSE REGULAR DUI (Misdemeanor)


1) Driving While Impaired by Drugs, Alcohol or Combination Thereof to the Slightest Degree

CAUTION:
Notice that there is no requirement that you have a particular level of alcohol or drugs in your blood. This charge merely requires that you have consumed alcohol and/or drugs and that the State can prove the drugs or alcohol consumed impaired your ability to drive to the slightest degree.

This is a very broad method of charging, and if you make admissions that you were impaired by drugs and/or alcohol, the State may be able to prove you guilty.

The penalties include:

  • Not less than 90 days in jail, 30 days of which shall be served consecutively.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more.
  • Revocation of your driver license for at least one year.
  • Use of an interlock ignition device for at least twelve (12) months
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Thirty (30) hours of community restitution.

2) Driving with a BAC of more than .08 but less than .015 The penalties include:

  • Not less than 90 days in jail, 30 days of which shall be served consecutively.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more.
  • Revocation of your driver license for at least one year.
  • Use of an interlock ignition device for at least twelve (12) months
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Thirty (30) hours of community restitution.

3) Driving with drugs or their metabolites in your body, even if you are not impaired by that drug. The penalties include:

  • Not less than 90 days in jail, 30 days of which shall be served consecutively.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more.
  • Revocation of your driver license for at least one year.
  • Use of an interlock ignition device for at least twelve (12) months
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Thirty (30) hours of community restitution.

CAUTION: Under Arizona law, you can be convicted of DUI without your having a specific level of certain drugs in your blood and regardless of whether you are impaired by those drugs. Those certain drugs are listed in Arizona Revised Statutes § 13-3401. The list is long and includes illegal drugs, prescription drugs and, in some cases, the drugs’ metabolite(s). If the chemical test of your blood shows that you have in your system one of the statutorily listed drugs or its metabolite, then you get a DUI. The State does not have to prove you or your driving were impaired by that drug or by any other drug. You cannot be convicted on a DUI charge, however, if you are using one of the statutorily listed drugs because it was prescribed by your doctor and your driving was not impaired by the medication.

SECOND OFFENSE EXTREME DUI (Misdemeanor)

BAC Between 0.15 – 0.199

The penalties include:

  • Not less than 120 days in jail.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more.
  • Revocation of your driver license for at least one year.
  • Use of an interlock ignition device for at least twelve (12) months.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Thirty (30) hours of community restitution.

SECOND OFFENSE SUPER EXTREME DUI

BAC More Than 0.20

The penalties include:

    • 180 days in jail.

Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more.

  • Revocation of your driver license for at least one year.
  • Use of an interlock ignition device for at least twenty-four (24) months.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to five years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Possible court order to perform community restitution.

SECOND OFFENSE AGGRAVTED DUI (FELONY)

Yes, your second DUI can be a class IV or class VI felony if you are driving impaired:

  1. While your driver license is suspended, canceled, revoked, refused or on restriction; or
  2. A person under 15 years of age is in the vehicle with you; or
  3. This is your third DUI conviction in an 84-month (seven year) period; or
  4. You are under requirement that an interlock be installed on your vehicle and, while being investigated for DUI, you refuse to submit to a test to determine whether or not you were DUI; or
  5. You are under requirement that an interlock be installed on your vehicle, and during this time you commit another DUI.

The penalties include:

  • One or more days in jail and up to four months in prison.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more.
  • Suspension of your driver license for at least one year
  • Use of an interlock ignition device for at least one year following reinstatement of your driver license.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Possible court order to perform community restitution.

 

Chapter 6. What Will Happen To Me If I Am Convicted Of A DUI For The Third Time?

The Date Of Your Prior DUIs And The Amount Of Alcohol In Your Blood Determines Your Penalty.

THIS IS MY THIRD DUI OFFENSE. WHAT ARE THE POSSIBLE PENALTIES?

Before we can determine what the penalties will be for your third offense DUI in Arizona, we must know the date of the third violation, the dates of the two prior DUI violations, the status of your driver license, whether you had any restriction(s) on your driver license, your blood alcohol content (BAC) at the time of driving, and if you had any passengers under the age of 15 in your vehicle.

Depending on the facts of your case, your third DUI will be either a misdemeanor or a felony.

IS THE THIRD OFFENSE A FELONY OR A MISDEMEANOR?

A misdemeanor: This DUI may be a misdemeanor depending on the timing and disposition of your prior DUIs. If this is your third DUI but not your third DUI in 84 months (seven years), your driver license was in good standing, there was no one under the age of 15 in the car, and you were not required to have an interlock on your vehicle, these facts will make your third DUI a misdemeanor.

A felony: This DUI may be a felony if this is your third DUI within 84 months (seven years); if you are driving on a suspended, restricted, revoked or canceled driver license; there was someone under the age of 15 in the car or you were driving in violation of a court restriction (i.e., without an interlock). These facts will make your third DUI a felony.

PENALTIES IF YOUR THIRD DUI IS A MISDEMEANOR

If your third DUI is considered a misdemeanor, and it is your first DUI outside the 84-month (seven year) period, then you will be treated as a first-time misdemeanor DUI offender. However, please note that although the State cannot use your prior convictions to impose increased punishment (this is called “alleging the prior conviction”), they can bring it to the attention of the court and ask the court to enhance your penalty because you have not “learned your lesson.” For penalties, please refer to our penalties chart on page 86, which outlines the consequences for a first-time misdemeanor DUI. Note that the penalties increase as your blood alcohol level increases.

If your third DUI is your second DUI within the 84-month (seven year) period, then you will be treated as a second-time misdemeanor DUI offender. However, please note that although the State cannot use your prior convictions to bump you into the higher sentencing guideline, they can bring it to the attention of the court and ask the court to enhance your penalty because you have not “learned your lesson.” Please refer to our penalties chart on page 86, which outlines the consequences for a second misdemeanor DUI. Note that the penalties increase as your blood alcohol level increases.

PENALTIES IF YOUR THIRD DUI IS A FELONY

Depending on the underlying facts of your felony DUI, it may be a class IV felony or a class VI felony. This distinction is very important because the penalties differ substantially. Notice that the felony penalties only pay attention to what your blood alcohol level was at the time of driving when determining the length of use of the interlock. Otherwise, the felony DUI laws, unlike misdemeanor DUI laws, have no mandatory sentences based on your blood alcohol level.

How do I know if my DUI is a class IV or a class VI felony?
Your third DUI is a class IV felony if:

  1. You commit another DUI while your driver license is suspended, canceled, revoked, refused or while a restriction is placed on your license as a result of a prior DUI; or
  2. It is your third DUI within 84 months (seven years); or
  3. You commit another DUI while you are under court order to have your vehicle equipped with an ignition interlock device.

The penalties include:

  • A minimum of four months and up to a maximum of 2.5 years in prison.
  • $750 fine with surcharges, jail fees, $250 assessment, $1500 prison fund assessment, $1500 DPS fees and other miscellaneous court fees and charges.
  • Revocation of your driver license for at least one year (may apply for SIIRDL after 90 days.)
  • Use of an interlock ignition device for at least twelve (12) months.
  • Substance abuse screening followed by recommended counseling
  • Possible attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible court order to perform community restitution.

Your third DUI is a class VI felony if:
1) You are driving impaired while a person under 15 years of age is in the vehicle.

The penalties include:

  • One day in jail and up to four months in prison.
  • $750 fine with surcharges, jail fees, $250 assessment, $1500 prison fund assessment, $1500 DPS fees and other miscellaneous court fees and charges.
  • Revocation of your driver license for at least one year (you may apply for SIIRDL after 90 days).
  • Use of an interlock ignition device for at least one year.
  • Substance abuse screening followed by recommended counseling
  • Possible attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible court order to perform community restitution.

 

Chapter 7. What Will Happen To Me If I Am Convicted of a DUI For The Fourth Time?

The Date of Your Prior Violations and the Amount of Alcohol in Your Blood Determines Your Penalty

THIS IS MY FORTH DUI OFFENSE, WHAT ARE THE POSSIBLE PENALTIES?

Before we can determine what the penalties will be for your fourth offense DUI in Arizona, we must know the date of the fourth violation, the dates of the three prior DUI violations, the status of your driver license, whether you had any restriction(s) on your driver license, your blood alcohol content (BAC) at the time of driving and if you had any passengers under the age of 15 in your vehicle.

Depending on the facts of your case, your fourth DUI may be a misdemeanor or a felony.

IS THIS OFFENSE A MISDEMEANOR OR A FELONY?

A misdemeanor: This may be a misdemeanor depending on the timing and disposition of your prior DUIs. If this is your fourth DUI but not your third DUI in 84 months (seven years) and your license is in good standing, there was no one under the age of 15 in the car and you were not required to have an interlock on your vehicle, these facts will make your fourth DUI a misdemeanor.

A felony: This may be a felony if this is your third DUI within 84 months (seven years); you were driving on a suspended, restricted, revoked or canceled driver license; there was someone under the age of 15 in the car; or you were driving DUI in violation of a court restriction (i.e., without an interlock). These facts will make your fourth DUI a felony.

PENALTIES IF YOUR FOURTH DUI IS A MISDEMEANOR

Your fourth DUI is considered a misdemeanor if it is your first DUI outside the 84 month (seven year) period. You will be treated as a first- time misdemeanor DUI offender. However, please note that although the State cannot use your prior convictions to impose increased punishment (this is called “alleging the prior conviction”), they can bring it to the attention of the court and ask the court to enhance your penalty because you have not “learned your lesson.” Please refer to our penalties chart on page 86, which outlines the consequences for a first-time misdemeanor DUI, which is based on your BAC.

If your fourth DUI is your second DUI within the 84 month (seven year) period, then you will be treated as a second-time misdemeanor DUI offender. Please see the penalties chart on page 86 for your consequences. However, please note that although the State cannot use your prior conviction history to bump you into the higher sentencing guideline, they can bring it to the attention of the court and ask the court to enhance your penalty because you have not “learned your lesson.” Please refer to our penalties chart on page 86, which outlines the consequences for a second-misdemeanor DUI based on your BAC.

PENALTIES IF YOUR FOURTH DUI IS A FELONY

Depending on the underlying facts of your felony DUI, it may be a class IV felony or a class VI felony. This distinction is very important because the penalties differ substantially. Notice that the misdemeanor penalties depend on what your BAC was at the time of driving when determining the length of use of the interlock. Otherwise, the felony laws, unlike misdemeanor DUI laws, have no mandatory sentences based on your BAC.

How do I know if my DUI is a class IV or a class VI felony?
Your fourth DUI is a class IV felony if:

  1. 1) You commit another DUI while your driver license is suspended, canceled, revoked, refused or while a restriction is placed on your license as a result of a prior DUI;
  2. 2) It is your third DUI within 84 months (seven years); or
  3. 3) You commit another DUI while you are under court order to have your vehicle equipped with an ignition interlock device.

The penalties include:

  • Minimum four months in prison.
  • $750 fine with surcharges, jail fees, $250 assessment, $1500 prison fund assessment, $1500 DPS fees and other miscellaneous court fees and charges.
  • Revocation of your driver license for at least one year (may apply for a Special Interlock Ignition Restricted Driver License – SIIRDL – after 90 days) .
  • Use of an interlock ignition device for at least twelve (12) months.
  • Substance abuse screening followed by recommended counseling.
  • To attend a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible court order to perform community restitution.

Your fourth DUI is a class VI felony if:
1) You were driving impaired while a person under 15 years of age was in the vehicle.

The penalties include:

  • One day in jail and up to four months in prison.
  • $750 fine with surcharges, jail fees, $250 assessment, $1500 prison fund assessment, $1500 DPS fees and other miscellaneous court fees and charges.
  • Revocation of your driver license for at least one year (you may apply for SIIRDL after 90 days).
  • Use of an interlock ignition device for at least twelve (12) months.
  • Substance abuse screening followed by recommended counseling
  • Possible order to attend a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained. eight points on your driver’s record.
  • Possible court order to perform community restitution.

 

Chapter 8. What Are The Penalties If This Is My Second Felony DUI?

We first must determine if this is a felony DUI.

This DUI is a felony if it is your third DUI within 84 months (seven years), if you are driving on a suspended, restricted, revoked or canceled driver license, there is someone under the age of 15 in the car or you were driving DUI in violation of a court restriction i.e. without an interlock. These facts will make your DUI a felony.

This is your second felony DUI if you have already been convicted of a felony DUI. Even if that prior DUI had been designated a misdemeanor, it may still be used for charging purposes.

The penalties include:

  • A minimum of eight months and up to 4.5 years in the Department of Corrections.
  • $750 fine with surcharges, jail fees, $250 assessment, $1500 prison fund assessment, $1500 DPS fees and other miscellaneous court fees and charges.
  • Revocation of your driver license for at least one year (may apply for a Special Interlock Ignition Restricted Driver License – SIIRDL – after 90 days).
  • Use of an interlock ignition device for at least two years.
  • Substance abuse screening followed by recommended counseling
  • Possible order to attend a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible court order to perform community restitution.

 

Chapter 9. Work Release: What Is It? Who Gets It?

What it is:

A work release is permission to leave the jail facility unsupervised for a maximum of 12 hours a day, six days a week, to attend work or school. How is this different from work furlough? Work furlough is a more restrictive program that is supervised by detention officers and requires the participation of your employer. This program requires you pay a portion of your wages as program fees.

Who gets it:

Anyone who is employed or attends school and has been convicted of a misdemeanor DUI is eligible. However, you are not eligible if you have a violent criminal history (this includes domestic violence) or a history of escaping from or attempting to evade law enforcement.

How it works:

If you have been convicted of a DUI that is not an extreme DUI (BAC of .15 to .199) or a super extreme DUI (BAC of .20 and above), you are eligible for work release after the first 24 hours of incarceration. If you have been convicted of an extreme or super extreme DUI, you will be required to serve your first 48 hours in jail prior to being released for work.

The trial judge who sentenced you must write the terms of work release into the confinement order. For example, the sentencing judge must indicate in your Confinement Order that you are eligible for work release Monday through Saturday from 8:00 a.m. to 8:00 p.m. Upon receipt of that order and following your initial term of confinement, you will be released to go to work during specified hours.

You may be released to go to work or school for up to six days per week. You may be released and returned to jail at any hours except between the hours of midnight and 6:00 a.m. For example, perhaps you work a night shift Wednesday through Tuesday from 11:00 p.m. to 11:00 a.m. You may be released to go to work Wednesday through Tuesday from 10:00 p.m. and return to jail at 10:00 a.m. Your work release must be at the same time each day because the jail cannot accommodate variable work or school schedules.

Are there any fees?

Yes. You will still be required to pay your daily jail fees, which vary from approximately $80-$240 per day depending on the contract your sentencing court has with the jail. Also, if the jail incurs any costs associated with administering the work release program, they can also charge you a fee.


 

Chapter 10. Home Detention Also Known As House Arrest: What Is It? Who Gets It?

What is home detention or house arrest?

This is a program that allows you to serve a portion of your sentence at home while both your location and your consumption of alcohol or other drugs are continuously monitored.

To be eligible:

  1. You must be employed in the county in which you are incarcerated;
  2. You agree to pay the costs for all electronic monitoring fees, unless the sheriff assesses a lesser fee following determination that you are unable to pay;
  3. You do not constitute a risk to self or other members of the community;
  4. You do not have a history of violent behavior;
  5. You have not been convicted of a serious offense as defined in Arizona Revised Statutes (A.R.S.) § 13-706 or been sentenced as a dangerous offender pursuant to § 13-704 or repetitive offender pursuant to § 13-703;
  6. Your jail time is being served as a result of a misdemeanor conviction and not a felony conviction;
  7. Your sentencing judge has not rendered you ineligible for prisoner work, community restitution work, home detention program or a continuous alcohol monitoring program; and
  8. You are not being held for violations in any other jurisdiction.

How it works:

Be aware that the court in which you are sentenced must have a home detention program in place before you will be offered that option. There have been some exceptions to this rule, but many courts are reluctant to offer a home detention program unless the court has a program and system in place to monitor completion and/or violations of the program. For example, although individuals sentenced in justice court are eligible for home detention, if the county (at the time this book went to press) does not have a vendor system in place, many of the justices of the peace will not permit this option. However, if medical conditions exist or the court can be convinced that it will be notified of a violation, some justices of the peace may allow home detention. All city courts in the greater Phoenix area have accommodated home detention programs.

There are technical requirements. You must have an analog phone line (land line) installed in your home. Today, many of us use only cell phones or digital land lines, but neither of these options will accommodate a home detention program. You must also be able to wear an ankle bracelet that contains a GPS device to monitor your whereabouts 24 hours per day.

A breath testing device is connected to your analog phone line and the home detention service may call you at any time of the day or night to ensure you are home and ask you to submit to a breath test. Typically, breath testing takes approximately 15 to 30 minutes for complete administration. Many of the services provide you with a warning that you will be expected to breath test within the next five (5) to fifteen (15) minutes.

Voice-recognition software is used to ensure that you are the individual who is being breath-tested over the phone line. You will be asked to say identifying words after strapping a breath-test mouthpiece onto your face. You will recite the voice-recognition assigned words and then be asked to breath test. If you attempt to remove the straps that attach the breath-test device to your face prior to completing the breath test, you will be considered to have failed the test.

If you leave the premises without permission during a time that you are ordered to be on that premises, or if you fail to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program, your home detention may be terminated. You will then be required to complete the remainder of your sentence in jail and may be deprived of the benefit of work release.


 

Chapter 11. Work Furlough: What Is It? Who Gets It?

What is it?

This is a program that allows you to continue your regular employment while being incarcerated in a detention facility.

This program differs from work release because it is more restrictive. It requires the participation of your employer and payment of a daily program administration fee, and is more closely supervised than work release.

Who gets it?

The sentencing judge must allow for work furlough in the Order of Confinement. Typically, those convicted of misdemeanor DUI are eligible for work release, whereas those convicted of felony DUI may be eligible for work furlough.

Individuals are not permitted to participate in the work furlough program until they are approved by adult probation and the sheriff’s office of the county in which they will be incarcerated. For example, in Maricopa County, you must be screened by the Maricopa County Superior Court probation department and pass a medical screening test before they allow you to participate in work furlough.

You must have a job and have at least 30 days remaining on your sentence. In addition, your employer and/or school personnel must sign a Letter of Understanding indicating your rate of pay, your work/school hours, that they are aware that you are participating in the work furlough program and that they agree to the terms of the program.

How it works.

Once you have been incarcerated, you will attend the work furlough orientation at the jail. If you are approved during that process, you will be released for a very brief period of time, approximately four to eight hours, to obtain your Letter of Understanding from your employer, your $125 money order and any items of clothing. You will then return to the jail to begin the program.

If you can arrange to have these items available to you prior to surrendering to the jail, you may be enrolled into the work furlough program more quickly and therefore return to work more quickly. This includes completing your pre-sentence report writer screening and medical screening test before surrendering to the jail. The program is administered by your probation officer, who provides the jail your release hours, to coincide with your work hours and to accommodate travel to work.

In general, you may be released for a maximum of six days per week for 12 hours per day. You are not permitted to work in your home, or work for family members or friends. If you are self-employed, you must provide the last two years of income tax returns, or documents that verify that you are a tax paying and/or licensed business entity. Other than being allowed to return home on the first day of admission to the program, you are not allowed to return home during the period of work furlough.

During the program, you are monitored for drug and alcohol use. What this means is that the jail can test for alcohol or drugs at any time it deems appropriate. Should you fail a drug or alcohol test, you may be removed from the work furlough program.

Who decides if I will be removed from the work furlough program?

Prior to being removed from the work furlough program, you are entitled to a hearing before a judge. For example, if the work furlough administrator (typically this is your probation officer) determines that you were in violation of program rules, your probation officer would notify the court and petition the court to have you removed from the program. At that time, you are entitled to a hearing before a judge who will determine if you should be removed from the program.

If I do not have a job, am I eligible for work furlough?

Yes. If you are unemployed, but are considered to be employable and have at least 45 days remaining on your sentence, you are eligible for a five (5) day Job Search release. This allows you freedom to search for a job and attend job interviews.

Are there any fees?

Yes. The initial fee is $125. This fee is then applied toward your work furlough fee. The daily work furlough fees are one hour of your wages plus a $3 administrative fee, with a minimum daily fee of $9. For example, if you make $9 per hour, your daily fee will be $12.

What if I need medication or healthcare?

How your healthcare needs will be addressed depends on where you are housed. In Maricopa County, it works as follows: While you are housed in the In-Tents, all healthcare medications are provided by Central Health Services (CHS). Once you have qualified for and been admitted to the work furlough program, you will be transferred to the Con-Tents.

There are no routine or urgent healthcare services available in Con-Tents. Only emergency healthcare services are available in Con-Tents. You will be instructed to bring your prescription medication in their original containers and in an amount that will last for the number of sentenced days. Lockers and refrigeration, if necessary, will be provided to safeguard your medications.


 

Chapter 12. MVD And You: A Tumultuous And Confusing Relationship.

Never Forget: Always Keep Your Address Current with MVD

Have you ever met someone who never gave you a straight answer to your questions, and if they did, they changed that answer the next day? If you have experienced these types of relationships, you will have less trouble addressing concerns with the Motor Vehicle Division (MVD). MVD can leave you confused and frustrated.

What you need to know about MVD

First, you must understand that the MVD process is, for the most part, separate and distinct from what will happen to you in the courtroom.

Second, be aware that MVD is literally “King of the Road.” This is where it gets confusing: you will run into circumstances where, for example, the court will enter an order telling you that you have to have an interlock ignition device on your vehicle, but it is MVD that administers installation and maintenance of the interlock.

Confused yet? That’s normal. Think of it like this: the legislature told MVD that it is MVD’s duty to ensure the safety of Arizona’s roads. MVD then created a system of rules and procedures to ensure that drivers are safe and compliant with MVD rules.

In addition to MVD rules, the Arizona criminal courts also have authority to take away, limit, or restrict your driving privileges as punishment for criminal violations. When this occurs, the court issues what is called an “MVD abstract” —an electronic transmittal to MVD with instructions on what to do with a driver charged with criminal violations and their license if convicted. For example, if you have committed a DUI but MVD has not taken any action on your license, the court will order MVD to suspend your license upon conviction.

Obtaining Information from Arizona Motor Vehicles Department (MVD)

If you dread a trip to your local motor vehicle office, you’re not alone. Avoid the crowd by completing many tasks online at www.servicearizona.com
Federal law regulates who gets what information about whom. Translation: only you can look up your own MVD information. You may not look up your “ex” anyone or the nosey annoying neighbor. If you use this service to obtain information about anyone other than yourself, you could be in violation of Federal Law.

Keeping your address current with MVD

It is 100 percent, absolutely, no questions asked, your responsibility to ensure that MVD has your most current address. If you move, fail to change your address and, as a result, do not receive your mail and later discover you are suspended, you are completely out of luck. It is not a defense that you did not receive notification from MVD if that failure resulted from an outdated address. If you have any doubt that your address is current with MVD, stop reading and check your address on the website now: www.servicearizona.com. There is no charge for the service.
Keep in mind that if MVD did have the current address and failed to notify, you could have a possible defense to a felony DUI if the factual basis for the felony is that your license was suspended at the time of the DUI.

Scary story: Failure to update your address with MVD can result in a felony DUI conviction.

Joe was new to Arizona and loved to drive fast. Upon his arrival, Joe used his friend Dan’s address to establish Arizona residency and obtain an Arizona driver license. Joe lived with Dan until his new home was ready. Joe moved into his new home but failed to update his address with MVD. In the meantime, Joe got a speeding ticket, which he forgot to pay.

You guessed it. Joe got stopped for, charged with, and convicted of felony DUI. This would have been a misdemeanor DUI with a day in jail, but because Joe’s license was suspended for failure to pay the speeding ticket, Joe was charged with aggravated (felony) DUI. This resulted in four months in the Department of Corrections and revocation of his driver license.

Joe argued, pleaded, and begged the judge, “Have mercy on me, your honor. I had no idea my license was suspended. Had I known, I would’ve paid the darn ticket.”

To which the judge replied, “Sir, under Arizona law it is your responsibility to keep MVD apprised of your current mailing address. I am sorry, Joe, but committing a DUI while your license is suspended, revoked, or canceled is a class IV felony in Arizona.”

Judge: “Bailiff, next case on docket.”

How Do I Find out If My License Is in Good Order?

This is the best way to ensure that you have the most up-to-date information about your driver license. Log onto www.servicearizona.com. You will need to pay a $3.00 fee with a debit/credit card to obtain your 39-month motor vehicle record (“MVR”). An MVR will provide the history and status of:

  • Your driver license, individual or commercial
  • Instruction permit
  • Identification license
  • Title
  • Permit
  • Lien holder(s)

How Do I Correct Problems with My Driver License?

This is an enormous question. If your address is wrong, change it as described on page 55. If you have outstanding fines, pay them. You can do this online as well at www.servicearizona.com.. If you cannot afford to pay your fines, then your best bet is to return to the court that issued the fine and ask that you be placed on a payment program. Ask that any driver license restrictions be lifted immediately so that you may reinstate your license. Problems more complex than these really do require the assistance of an attorney to ensure timely and optimal resolution. Reinstating Your License after Suspension

The process of reinstating your license depends on the severity of your violation. If the reason for your suspension was minor and its term has ended, you may be able to complete the reinstatement process online with a credit card. However, if the Court ordered your suspension, the Court must also clear you before you can apply to have your driver license reinstated. If this is case, you may also require an SR-22 or certification of future proof of liability from your insurance company. For details on your case, you can visit your local MVD office.

When you have gathered the appropriate paperwork, you must return to the MVD, as you will be required to pay fees. Keep in mind that you are reapplying for a driver license, so you may be required to take vision, written, and behind-the-wheel tests.

Reinstating Your License after Revocation

To reinstate your driver license after it has been revoked, you must first obtain an investigation packet by going online or calling MVD at (800) 251-5866. Once you provide the completed packet to MVD, it will take seven (7) to ten (10) days to investigate your case.

MVD will notify you if your request has been approved. You may then reapply for a driver license. In addition to paying the reinstatement and reapplication fees, you may need to take the vision, written, and behind- the-wheel examinations.

If MVD does not accept your request for reinstatement, you should then request an Administrative Hearing to plead your case. Otherwise, you must wait one more year before reapplying.

Tasks That May Be Completed Online and Free of Charge at www.servicearizona.com

  • Change of address
  • Fine payment
  • Insurance verification
  • Vehicle fee recap
  • Driver license reinstatement
  • Duplicate driver license/ID
  • Duplicate vehicle registration
  • Motor vehicle record
  • Restricted use 3-day permit
  • 30-day general use permit
  • Vehicle registration renewal
  • MVD points on your driver record

The Motor Vehicle Division (MVD) assesses points against your permanent driving record each time you are convicted of or are found responsible for a moving violation:

  • DUI (blood alcohol concentration (BAC) of 0.08% or higher, 0.04% if commercial vehicle): 8 points
  • Extreme DUI (BAC of 0.15% or higher): 8 points
  • Reckless driving: 8 points
  • Aggressive driving: 8 points
  • Leaving the scene of an accident: 6 points
  • Running a traffic signal or stop sign or failing to yield, thus causing death: 6 points
  • Running a traffic signal or stop sign or failing to yield, thus causing serious injury: 4 points
  • Speeding: 3 points
  • Driving over an area where one or more of the lanes diverge to go in a different direction (gore area): 3 points
  • All other driving violations: 2 points

Different violations have different point values, but some have such high value that they may invalidate your license immediately:

  • Committing homicide or aggravated assault with a vehicle
  • Committing a felony in which a vehicle is used
  • Lying to the MVD under oath
  • Failing to stop if you are involved in a traffic accident
  • Participating in a drive-by shooting

Additionally, two incidences of driving under the influence of alcohol (DUI), racing, or reckless driving will automatically invalidate your driver license.

For less serious offenses, points can be accrued until you reach eight points in a 12-month period, at which time you will be required to attend Traffic Survival School (TSS) or have your license suspended.


 

Chapter 13. A Necessary Evil to Getting Your License Back: Drug And/Or Alcohol Screening

Screening and counseling are two distinct parts of the same process. Screening is like a diagnosis (you have an infection) and counseling is the solution (the treatment, antibiotics). You just need screening, not counseling, to have your license reinstated. The court, however, may expect you to complete counseling.

What is the difference between screening and counseling?

Screening: An oral and/or written test to determine whether or not and the extent to which you have a substance abuse problem. You can think of it as the diagnosis of an illness by a health care professional. The screening must be completed by a certified or licensed substance abuse counselor.

Counseling: Treatment with a licensed substance abuse counselor to assist you with resolving problems associated with consumption of alcohol, drugs or combination thereof. You can think of it as the treatment of the identified illness by a health care professional.

The Screening Process

You must screen with one of the Screening, Treatment and Revocation Evaluation facilities approved by MVD. The list of current facilities is available at www.azdot.gov under “General,” click on “Alcohol or Drug Screening Facilities.” The approved facilities change frequently, so be sure to check the DOT site for up-to- date information.

What you need to do: Look at the list and find the facility closest to you. Call the facility and schedule an appointment for screening. Fees range from $55-$70. Expect to spend anywhere from 15 minutes to one hour. They will interview you and ask you questions to determine whether or not you have a substance abuse problem and if so, the seriousness of the addiction. They will then recommend anywhere from zero to 100 hours or more of counseling.

The facility you screen with is responsible for notifying MVD that you have completed the screening. However, we always recommend that you ask the screening facility for documentation that you completed this requirement. Obviously, obtaining a copy of any document is good insurance against document mishandling and can save you many hours of stress and inconvenience. Should MVD be unable to locate the document, you will have proof that you completed the process.

You do not have to complete the counseling to get your license back, you just have to show MVD proof that you completed the screening.

Time is of the essence. To avoid a delay in reinstatement of your driving privilege, screen as soon as you possibly can. There can be a lag between the time that you screen and the time that MVD is notified that you screened. If MVD does not receive notification that you screened, your license will not be reinstated.

Does everyone have to screen to have a license reinstated?

Yes. It is the law.


 

Chapter 14. What Is A SIIRDL? Who Gets One? How Do I Get One?

SIIRDL Is a Special Interlock Ignition Restricted Driver License.

This driver license allows you to drive during a court-ordered restriction such as a suspension, cancellation or revocation. Here is the tricky part: You are technically still under suspension, revocation or cancellation by the court, but you are being permitted to drive to work; school; drug/alcohol screening, education or treatment facilities for scheduled appointments; your probation officer; your healthcare provider(s); and a certified ignition interlock device provider.

Your SIIRDL and court ordered suspension end at the same time.

For example, you have been convicted of two misdemeanor DUIs in an 84-month (seven year) period. Therefore, the Court orders that your license be revoked for one full year. Provided you meet the requirements, MVD will allow you to use a SIIRDL for a portion of that year. At the end of that year, your court-ordered revocation is complete and you are now free to reapply for your driver license. Per the court order, you are required to install an ignition interlock device on your vehicle for least one full year following reinstatement of your license.

Because your license is reinstated, you will no longer have to use a SIIRDL, which is why they end at the same time. You would then have to reinstate your license and continue to have an interlock ignition device on your vehicle as ordered by the court. So, the only real difference between a SIIRDL and reinstatement of your privileges with an interlock is that you are not restricted as to where you drive.

Confused yet? Essentially, the court is saying, “You are still suspended, but if you put a breath test device in your car, we will let you get around a little; otherwise, you must serve your driver license suspension to the date as directed by the court.”

The SIIRDL is a gift bestowed upon you by MVD during your suspension.

Who Gets a SIIRDL?

After January 1, 2012, and upon application only (i.e., you must go to MVD and apply), a SIIRDL is available to anyone with a class D or G license suspended or revoked due to:

  1. Refusing to cooperate with a law enforcement officer by providing blood, breath, or urine (“refusal suspension”).
  2. A revocation due to a second misdemeanor DUI within 84 months (seven years).
  3. An aggravated or felony DUI.

Exactly where can I drive with a SIIRDL?

  1. Between home and work.
  2. Between home, school and work.
  3. Between your home and a screening, education or treatment facility for scheduled appointments.
  4. Between home and a probation officer for scheduled appointments.
  5. Between home and your healthcare provider between home and a certified ignition interlock device service facility.

No, you can’t stop at the grocery store, your friend’s house, and please don’t stop at the liquor store. (I’m not kidding. People get arrested at the liquor store all the time in violation of their SIIRDL.)

Be aware: the law changed effective January 1, 2012. So if your date of violation is prior to January 1, 2012, the old A.R.S. § 28-1402 applies to you. The new law allows for a SIIRDL for second-time misdemeanor DUIs and first-time class IV and class VI felony DUIs. Therefore, if your date of violation was prior to January 1, 2012, you may not be eligible for a SIIRDL under your circumstances.

Is There an Application Fee?

Yes. The fee for a SIIRDL is the same fee you would pay to apply for a driver license. This fee is based on your age. Following are fees as of December 2012:

  • 40 years of age and under- $25
  • 40 to 45 years of age – $20
  • 45 to 50 years of age – $15
  • Over age 50 – $10

How do I apply for a SIIRDL?

Once you have waited the appropriate time (see below) and you install an interlock on your vehicle, go to any MVD office with proof of installation, pay your fee and you have a SIIRDL.

Does My License Look Different?

Yes. You will be issued a special driver license indicating you need an ignition interlock on your vehicle.

If your license has been revoked for one year as a result of a misdemeanor DUI conviction:

You may apply for a SIIRDL forty-five (45) days after the revocation period begins.

If your license has been revoked for one year as a result of a felony DUI conviction:

You may apply for a SIIRDL 90 days after the revocation period begins.


 

Chapter 15. What If I Live In Another State And Am Charged With A DUI In Arizona?

Will my home state find out about my DUI conviction in Arizona?

Answer: Yes.

If you were convicted of a DUI in Arizona but your license is in another state, Arizona will report any problems to The National Driver Register (NDR).

What is the National Driver Register and how does it work?

What it is:

The National Driver Register (NDR) is a privately owned and operated computerized database containing information about drivers who have had their licenses revoked, suspended or have been convicted of a serious traffic infraction such as DUI.

Website address for National Driver Register:
www.nationaldriverregister.com

How it works:

All U.S. motor vehicle departments provide NDR with the names and other identifying information for drivers who have lost their driving privileges or have been convicted of a serious traffic violation. When you go to another state and apply for a driver license, your name is checked in this database. If you have been reported to the NDR as a problem driver, you may not obtain a driver license in another state until your record in the reporting state has been cleared.

To clear your record in the reporting state, you must go to the motor vehicle department of that particular state and follow all of their procedures. These procedures include but are not limited to paying fines, taking driver education classes, complying with court requirements and then completing the remainder of the driver license reinstatement process. You can obtain necessary forms for each of the 50 states on the NDR website; however, remember this is a for-profit organization and there will be a cost associated with obtaining these forms.
You could just as easily go to the website of your home state and obtain the forms on that site at no charge.
For example, if you live in Ohio and while vacationing in Arizona are charged and convicted of a DUI, Arizona will send notice to the NDR of the conviction. Upon notification of the conviction, the Ohio motor vehicle department will take action according to Ohio laws.

To clear your record in Arizona, go to www.servicearizona.com and pay $3 to obtain and print out your thirty-nine (39) month motor vehicle record (MVR). The MVR should indicate why your license has been suspended. Take the MVR printout and go to (or call if you are out of state) your local MVD office and consult with staff regarding the process of resolving any issues you may have. For problems more complex than simply paying a fine, reinstatement fee, going to driver education school or installing an interlock ignition device, it may be wise to consult with an attorney.

What will happen if I do not live in Arizona and decide not to install an interlock ignition device as ordered by the Court?

Will the NDR be notified? Yes.

This will result in action being taken by your home state. All 50 states have services that can install an ignition interlock device in your vehicle. If you do not comply, this will result in a motor vehicle department action. This action may include, but is not limited to, license suspension, fines, attendance at defensive driving or traffic survival school, extensions of the ignition interlock device on your vehicle and the requirement that you have complied with all court orders.

If you fail to comply with the court order to install an ignition interlock device in your vehicle, Arizona will suspend your driving privileges.

How Quickly Will My Home State Motor Vehicle Department Take Action?

Answer: Maybe never.

How it works:

The information in the NDR database is not automatically provided to motor vehicle departments. The database must be accessed by your home state.

The suspension in another state will only be discovered in the NDR when some entity accesses that database to obtain information. For example, if you have any type of interaction with a motor vehicles department, particularly a driver license application, they will check with the NDR before they issue you a license.
A search of the NDR can be initiated not only when you are applying for a driver license, but also when you are changing your address or insurance companies, stopped by an officer who runs your license, given a traffic citation or have any interaction with your motor vehicle department.

For example, suppose you are driving on a California driver license but were convicted of a DUI in Arizona. You still maintain your California driver license. The Arizona court orders you to install an ignition interlock device on your vehicle for one year. If you fail to install the ignition interlock device, Arizona notifies the NDR that your privileges to drive in Arizona have been suspended.

California may or may not become aware of the Arizona suspension and take action. This will depend on your interaction with the California motor vehicles department. Therefore, your California license may continue to be valid, but understand you are taking the chance that if you are stopped by an officer in California and he runs a national driver check, your license will show as suspended in Arizona. The officer could have your car towed, give you a ticket for driving on a suspended, or revoked license and, depending on your driving record, you could end up serving jail time.

If I do not have an Arizona driver license, can I still use the Arizona website to check on my case?

Yes. Even though you do not have an Arizona driver license and therefore an Arizona driver license number, you will be given an Arizona customer number. You will be tracked in the Arizona system using this customer number. You may use this customer number to log on to www.servicearizona.com and check the status of your driving privileges in Arizona.
Remember, Arizona cannot control a driver license issued by another state. However, Arizona can take the following two actions against out-of- state drivers: 1) revoke your privilege to drive on Arizona roads; and 2) notify the NDR that you have been revoked in Arizona. Arizona can do nothing further to an out-of-state driver.

Can I find out if I am listed on the NDR?

Yes. You may request a file search by going to the NDR website and downloading the Individual Request Form. You must complete this form, have it notarized and mail it to the NDR. They will not accept faxed requests.
Alternatively, you may take the same completed form to your local motor vehicles department and, for a small fee, they will submit your request to the NDR.

Either way, the NDR will provide you with a response indicating whether or not you are listed on their service. The response will go directly to you regardless of whether you submitted it directly to the NDR or through your local motor vehicles department. Privacy laws demand that the NDR must provide this information upon a completed request. Therefore, if the NDR does not respond to you, you may wish to contact an attorney to facilitate this process.


 

Chapter 16. What If I Have A DUI From Another State And Get A DUI In Arizona?

Arizona law provides that if you commit an act in another jurisdiction that in Arizona would be a violation of DUI laws, and you later get a DUI in Arizona, you will be punished as if both DUIs were committed in Arizona.

What does that mean?

It means that if you have another DUI conviction from another jurisdiction within the last 84 months (seven years), your Arizona DUI will be treated like a second Arizona DUI. That means you will face much harsher penalties. See our DUI Penalties chart on page 86 and chapters 4 through 8 detailing the penalties for multiple DUI offenses.

What if I have two DUIs from other States and I get a DUI in Arizona?

If you have three DUIs either from Arizona or other jurisdictions within 84 months (seven years), you will be charged with aggravated (felony) DUI, which is a felony.

How will I know if my out-of-State DUIs would be DUIs in Arizona?

This is not easily answered.

First, you must obtain copies of all of your documents from the State in which you were convicted. You must make sure that you actually pled to a DUI and not, for example, a reckless driving.

Second, have an attorney review all of your prior documents to ensure that they are sufficient for use in Arizona. For example, Arizona must receive certified copies of all prior convictions from other States before they can be used as prior convictions.

Third, carefully compare the dates to ensure that all three dates are within an 84-month (seven-year) period. Believe it or not, there have been several occasions where the county attorney has miscalculated this date. Because the consequences of a felony are far more dramatic than those of a misdemeanor, do not spare any expense, effort or time in confirming these facts.


 

Chapter 17. Can I Lose Custody Of My Child If I Am Convicted Of DUI?

Yes. If you are going through a divorce and you are convicted of DUI or any drug offense within 12 months BEFORE you file for child custody, it can have a significant impact on your ability to get sole or joint custody of your children and how much time you are allotted for visitation.

How it works:

Why You Could Lose Custody

When the court decides who should be responsible for the care and custody of a couple’s children, the judge will make the decision based on what is in the best interests of the children. If you are convicted of DUI or any drug offense in the 12 months before filing for custody, there is a rebuttable presumption that granting you the sole or joint custody is not in your children’s best interest. Your conviction may also be a reason for the court to limit the amount of time you get to spend with your children.

Proving That You Should Have Custody

A rebuttable presumption means that the court will not grant you sole or joint custody of your children because of your DUI or drug history unless you can prove that it would be in your children’s best interest. You can prove this by:

  1. Showing you have not had another drug conviction in the last five years.
  2. Showing you have not failed a court-ordered random drug test in the last six months.
  3. Any other evidence to support why you should have sole or joint custody.

 

Chapter 18. Can I Be Deported If I Am Convicted Of DUI?

Unfortunately, it is possible that your DUI conviction could result in your deportation or in you becoming ineligible for citizenship in the United States.

How it works:

Why You Could Be Deported

The United States Citizenship and Naturalization Services can have you deported if the crime involved “moral turpitude” or if it was a violent crime under the immigration laws. Although a regular DUI is usually not a crime that involves moral turpitude, the United States Citizenship and Naturalization Services can determine that any aggravating factors upon getting a DUI are moral turpitude in nature.

Getting an aggravated DUI charge in Arizona is a felony charge. If, for example, you were charged for DUI and driving while your license was suspended, then you would receive an aggravated DUI charge. Having an aggravated DUI on your record could result in you being labeled as possessing bad moral character during your naturalization interview. This could severely affect your eligibility for citizenship in the United States.

If you have a green card and get a DUI, you can be deported if you are convicted of two or more crimes that involve moral turpitude, a drug- related crime, or an aggravated felony. Even if you plead “no contest” to your conviction, the immigration law treats convictions and pleas of “no contest” (or “nolo contendere”) the same as long as some form of punishment resulted.

Applying for a Visa

When you are arrested for DUI, you are photographed and fingerprinted, making it very easy for authorities to find any records of your convictions. If you lie on your visa application about your DUI history, the authorities will deny your visa due to fraud and misrepresentation.


 

Chapter 19. Will My Mug Shot Be Posted On The Internet?

Answer: Possibly. Not all agencies release official records and mug shots. Depending on the county in which you were arrested, your mug shot may or may not be posted online. As of December 2012, counties in Arizona that post mug shots are: Apache, Gila, Maricopa, Mohave, Pima, Pinal, Yavapai, and Yuma. Possible websites where your mug shot(s) may be found:

How long will my mug shot be available to the public?

If no action is taken to remove the mug shot, depending on the county, a mug shot could be available for weeks, months, or even years. Contact the county in which you were arrested to determine if your mug shot is still visible.

Can I have my mug shot removed from the site?

How it works:

An application to remove the mug shot must be submitted to www.unpublishmugshots.com or www.unpublisharrests.com. However, not all applications will be accepted. Mugshots.com has the right to publish official records, but has chosen to accommodate only a number of specific situations. Examples of such specific circumstances include dismissal of charge, misdemeanor charge, disposition of acquittal or not guilty, juvenile records, and/or non-violent charge.

Once the application has been submitted, the processing of the application takes up to seven (7) business days. During that time, each Authorized Unpublishing Vendor must verify the client’s eligibility for unpublishing and have the case status verified a second time by a licensed U.S. attorney.

Fees vary among each Authorized Unpublishing Vendor, but it is based on the time spent on the removal and the number of mug shots that need to be removed.


 

Chapter 20. I Am Emotionally Devastated By This DUI: Is That Normal?

Answer: Yes.
Most people who are charged with a DUI have never been in trouble before. They are angry with themselves and their family may be angry with them too. Research indicates that being charged with DUI is much like the process of grieving and follows the seven psychological steps of loss.

Many of our clients feel a loss of their self-esteem, self-confidence, and self-respect. Any person could make this mistake, so please do not beat yourself up. Anyone who consumes alcohol has, at one point, driven when they should not have. Only 1 out of every 772 impaired drivers is stopped. Most of us who consume alcohol have driven impaired: we just have not been caught. We are not condoning this behavior; we are trying to put it in perspective. Being charged and convicted of DUI does not make you a bad person; it means you had a bad day.

The Seven Psychological Stages Following Your DUI Arrest

1. Shock and Denial

Upon being arrested, your first reaction is one of classic shock. You may respond by simply nodding and accepting the news without appearing to be troubled by it, while inside, your emotions and physical self are completely paralyzed. It may take days, multiple reminders of the arrest, or a moment of reliving the event before the DUI charges become real to you. Shock is an emotional protection from becoming too overwhelmed all at once. Once the shock subsides, you may pretend the arrest never occurred to escape from reality. This may last for hours, days, or even weeks.

When the initial shock occurs, you may need to sit down or rest to keep from falling or stumbling and hurting yourself. Ask family and friends for sympathy and acceptance. If your family or friends believe you are in denial, they may try to do things to end the denial by deliberately provoking you to anger. This could lead to an emotional explosion or other drama. This is quite normal and may be therapeutically good for you because it moves you from denial to the next stage.

2. Pain and Guilt

This is one of the hardest stages to overcome because the realization of the news and/or event may create an overwhelming, almost unbearable amount of pain. However, you will survive. Sometimes, this pain may turn into feelings of guilt over what has occurred, thus, sinking into a stream of “what if” thoughts. For example, “What if I had called for a cab instead? What if I did not drink my last drink?” This is a very normal reaction.

It is important to face these feelings and not hide from them through the use of distractions, alcohol, or drugs. This would be a good time for family and friends to provide you with comfort and, if possible, guide you to seek professional help so you may learn how to overcome and deal with these emotions in a healthy manner.

3. Anger and Resentment

During the court process, there are many ways anger can be provoked. One way, for example, would be hearing a police report of probable cause that is in total opposition to what you recall, leading to the conclusion that the officer is lying. Also, because the majority of DUIs are committed by first-time offenders (regular people who make one bad decision), being now treated as a “criminal” by the police, may make you resentful towards the law. You may feel that you did not do anything wrong, thereby, questioning the severity of the punishment.

Anger can manifest itself in different ways. You may be angry with yourself, or with others, especially those who could have helped you that night or those who encouraged you to drink and then let you drive. It is important for family members and friends to remain detached and nonjudgmental when dealing with you in this stage. When you are angry, the best thing you can do is give yourself space. Release your emotions in an appropriate fashion and appropriate place. If the anger becomes destructive, seek professional help immediately before you find yourself in more legal trouble.

Redirect anger into useful channels, such as using that energy to think of ways to solve the problem and ways to move forward. Explain to your family and friends that you may have angry spells but that you are not angry with them and ask for their support. Accept this angry stage so that you can move through the healing process.

4. Depression, Reflection, and Loneliness

During this time, a long period of sad reflection may overtake you. This is when you finally realize the true magnitude of the consequences of a DUI conviction. In previous stages, you may have been blaming others and/or the situation for what occurred; however, now you are taking the responsibility upon yourself. At this time, you may isolate yourself from others, strongly focus on the past, and believe that the world is against you. Because of the stress and financial burden caused by a DUI, you may feel like you no longer have the life you once had. You may be ashamed of yourself for breaking the law and think that you let down those close to you, regardless of whether or not you caused them any pain or damages.

Depression is a normal stage. First, family and friends must be there for you, accepting you in all of your misery. Typically, depression will make you feel as though you are alone and you may not believe your company is likely to be welcomed. Second, keep yourself active. It is very easy to get stuck in this stage, so keep up a steady stream of support — please know that there is light ahead and all you need to do is reach toward it.

5. The Upward Turn

Eventually, you will realize that you cannot stay in that deep, dark hole forever. You will then begin to adjust to life. You may feel that life has become a little calmer and more organized. Your physical symptoms of the “depression” may begin to lift. It is in this stage that you begin to return to normal, even start to laugh and enjoy a bit of life again.

Family and friends need to help you resist the urge to retreat—ask them for their help. Get back into your usual routine. This is also a great time for you to begin keeping a journal. Start by reflecting on what emotions you are having, and the issues with which you are struggling. When finished, reflect on what you have written. This allows you to examine the emotional process from a new and fresh perspective. It is through reflection that you will gain invaluable insight.

6. Reconstruction and Working Through

As you become more functional, your mind will start working again. You will find yourself seeking realistic solutions to practical and financial problems. During this stage, you may start to take on “experiments” to see if doing these things will help your situation. Throughout this process, you will reconstruct yourself and your life.

In this stage, you are reaching the road to acceptance. Family and friends should help you experiment with different solutions and examine whether they are effective. Take back control of your life — this will make you feel stable again and propel you to move forward.

7. Acceptance and Hope

The final stage is back to one of stability. You have learned to accept and deal with the reality of being convicted of DUI. Acceptance does not necessarily mean instant happiness, release, or giving up. Instead, it means that you are taking ownership of yourself and your actions. You will begin to take action and take note of the results—changing your actions in response. Increasingly, you will become happier and more content as you move forward on this path. Hope will come on its own when you find a loving support group and trusted legal counsel who will aid in minimizing and/or eliminating the consequences of DUI.

Considering things have changed, family and friends should help you establish yourself permanently in your new circumstances. Assure yourself that this will never happen again and move forward.
Finally, congratulate yourself and celebrate your transition back to a normal life.


 

Epilogue

I hope that you have found this book helpful. If you are considering hiring an attorney, please contact Beauchamp Law Office, P.C. for a free consultation. You may contact us to schedule an appointment by calling 480-704-0777 or by e-mail to [email protected].

 

Appendix A

Download an Arizona DUI Penalty Chart (Click Image to Download)


DUI-Chart

dui guide back cover