In Arizona, upon a DUI conviction you are sentenced to certain mandated AZ DUI sentencing penalties. One of these includes jail time and alcohol or drug counseling. Most AZ DUI sentences include a two-step jail sentence.
For example the mandatory minimum jail sentence for a first time 28-1381, A, 1, conviction for Impaired to the Slightest Degree is ten (10) days jail. This may be broken into a one (1) day jail sentence with the remaining nine (9) days suspended to complete the mandatory alcohol screening and counseling.
If you fail to complete the screening or counseling then you will face the remaining suspended sentence. However, in actually, the maximum sentence allowed by law for a class 1 misdemeanor is six (6) months jail. Therefore, if you totally ignore what you have been ordered by the court you may find yourself facing the full 180 days jail.
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
(Cited in part & emphasis added)
If you have been charged with an Arizona DUI, or Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.
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