Is Jail Time Mandatory For DUI In Arizona?

The most common question for anyone charged with DUI in Arizona is, “Is jail time mandatory for a DUI?” The answer is unequivocally yes, as the state’s law mandates jail time for DUI convictions.

DUI Laws In Arizona

A.R.S. §28-1381 defines drunk driving laws in the state of Arizona and they forbid driving when you are under the influence of an intoxicant or when the vehicle operator is even slightly impaired. Arizona has a reputation for being one of the toughest DUI law states.

Can You Get Jail Time For A DUI Offense?

As referenced above, Arizona is one of the toughest DUI law states, including mandatory jail time for a DUI conviction. This is simply part of Arizona’s aggressive stance on impaired driving.

The minimum jail time for a first DUI offense is typically one day. The severity of the sentence, however, can increase based on the type of DUI committed and the details of the specific case. Factors like blood alcohol concentration, prior offenses, and other circumstances can impact how much time you’ll spend in jail.

First DUI Penalties 

A person may be found guilty of DUI in Arizona when they have a blood alcohol content in excess of 0.08% and are driving or are in control of a motor vehicle. They may can be charged with a DUI in circumstances where they are impaired by any number of drugs or alcohol.

These include OTC medications as well as legal medications issued by prescription. These are a Class 1 misdemeanor and are subject to these penalties:

• A jail sentence of a minimum of twenty-four hours and a maximum up to and including six months. Technically, the minimum is ten days jail time but there is an option of having nine of those days suspended.
• A maximum of $2,500 in total fees and fines with a minimum of $250.
• From 90 up to 360 days of driver’s license suspension.
• An Ignition Interlock Device being installed
• Three years’ probation is a possibility.
• Community service hours is a possibility.
• Complete drug/alcohol assessment and perhaps adult education class attendance.

Alternatives To DUI Jail Time In Arizona

Despite the mandatory jail time, your attorney may help you pursue a few alternative options to either reduce or eliminate your DUI jail sentence. A few alternatives are detailed below.

Plea Bargain

Plea bargains are one of the most effective ways to reduce jail time when it comes to a DUI offense. Your attorney may be able to make a deal that ultimately lessens the charges and penalties altogether.

For instance, the attorney could negotiate to a drop a DUI charge down to a reckless driving charge, which includes less severe penalties. It’s possible that a reckless driving charge may not require jail time.

Ignition Interlock Device

In some cases, agreeing to the installation of a ignition interlock device (IID) on your vehicle can reduce your jail sentence length. With an IID, drivers need to perform and pass a breath test before the vehicle can be started up.

This is one way to demonstrate you are taking steps to prevent future DUIs to the court. In the state of Arizona, IID use is mandatory for certain DUI convictions, but voluntarily installing the IID could be viewed favorably by the court.

Diversion Programs

DUI diversion programs are created to rehabilitate DUI offenders and potentially prevent future infractions. These programs will involve education, community service, and regular check-ins, which can be presented by an attorney as an alternative to jail time.

These programs are especially beneficial for first-time DUI offenders, which can lead to the dismissal of charges upon a successful completion of the program. The diversion program can include the following:

• Alcohol and drug counseling.
• Probation.
• DUI education.
• Community service.

Source: Brian Sloan. “Arizona DUI First Offense Consequences: Law Offices Brian Douglas Sloan.” Brian Sloan, https://www.arizdui.com/arizona-dui-defense/consequences-of-a-first-offense-dui-in-arizona/.