Phoenix DUI Lawyer Blog

Gilbert DUI Penalties Require Jail Time for Arizona DUI Convictions

"An Experienced Gilbert DUI Lawyer will fight to Reduce your DUI Charges dismissed completely, or in the alternative reduced to a lesser charge to avoid your having to do Jail or Prison time. "

Gilbert DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction require mandatory jail or prison sentences depending on the severity, classification, and circumstances surrounding your Gilbert DUI charges. Even though you've been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A Gilbert Drunk Driving charge is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Gilbert DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Gilbert DUI Attorney's job is to use every available means through legal channels to do that.

Important Note: Depending on the severity, circumstances and classification of the Gilbert charges Gilbert DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any.

The first question many people have who face DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is discusses the portion of the Arizona State Law that relates to the incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same, for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Jail and Prison Minimum Sentencing Guidelines paraphrased from
A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ..........................30 Days in Jail
• Second DUI Extreme .15+ BAC.........................120 Days in Jail
• First DUI Super Extreme .20+ BAC....................45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison
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The Gilbert Court and Gilbert Prosecutor will do nothing to defend your case. Their job is to get a Gilbert DUI conviction. A word of caution, if you decide to go at it alone (not recommended). Basically your side of the story will be disregarded. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Gilbert Court, you may unknowingly be incriminating yourself further. The Gilbert Prosecution and Gilbert Court get a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could not only be futile, but make matters worse.

Your Gilbert AZ DUI Attorney defending you in Gilbert Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona laws, changes in Arizona State law, Case law (other cases that may effect yours), and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Gilbert Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf with the goal of make your rights are not violated, and that your future and freedom are protected. That's their job.

If you have been arrested for any Gilbert Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Gilbert DUI, Gilbert Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Phoenix, Chandler, Mesa, Tempe, Queen Creek, and surrounding areas valley-wide in Maricopa County Arizona.