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It is common knowledge Arizona carries some of the harshest DUI penalties in America. Specifically, this includes the state criminal prosecution as well as driver’s license ramifications. It would stand to reason that Arizona requires jail time for even a first-time DUI offense.
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Mandatory 24-hour Jail Time
The Arizona legislature fortunately revised the law in 2012 to decrease jail time through home detention. However, Arizona still requires a minimum 24-hour period of jail for a first-time DUI. The amount of jail time a person receives for a misdemeanor DUI is dependent upon the person’s blood-alcohol level and whether the person has any prior DUI convictions.
Jail Time for DUI
A person charged with a first-time DUI under A.R.S. §28-1381(A)(1)-(3) faces the minimum sentence of 1 day in jail, after suspensions of time for completing alcohol screening and counseling. A second offense within 84 months carries a jail sentence of 90 days. However, with the 2012 change in Arizona law, a person does not have to serve the full 90 days in jail. Rather, a second offense DUI carries 6 days in jail with the remainder being home detention, if eligible.
Jail Time for Misdemeanor Extreme DUI
An extreme DUI (BAC greater than .15% but less than .20%) is punishable under under A.R.S. §28-1382(A)(1). Indeed, a first-time conviction under this section carries a mandatory 30 days jail. However, a person is eligible for home detention after serving only 2 days in jail. A person who commits a second offense extreme DUI faces 120 days in jail, with home detention eligibility after 24 days in jail.
Jail Time for Misdemeanor Super Extreme DUI
A.R.S. §28-1382(A)(2) defines “Super” Extreme DUI (BAC greater than .20%). A conviction carries a 45-day jail sentence. However, home detention eligibility reduces this to 3 days. Jail for a second offense Super Extreme DUI is the 180-day maximum jail sentence for a Class 1 Misdemeanor. However, a person is eligible for home detention after serving 36 days in jail. Indeed, an Arizona DUI conviction in Arizona carries mandatory incarceration and other ramifications. Without question, a person should retain experienced legal counsel.
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