Are Diversion Programs Available To First Time DUI Offenders?

There are alternative punishments available in Arizona. First is the Arizona home detention program, which is available through a number of city courts and this was very welcome news for individuals convicted of DUIs in the City Courts where this diversion is allowed. The program allows the majority of the jail sentence to be served at home instead of in jail. However, in Arizona, the law requires people to serve twenty percent of their sentence in jail before they are eligible to serve the remaining portion of their sentence in a home detention program.

Home detention is enforced by an ankle bracelet that connects with the receiver in the defendant’s home, and when the transmitter is in range, the receiver detects a signal and ensures that the individual is compliant with the curfew restrictions that the court has put in place. If the person goes out of range, this is detected and reported by the monitoring computer as a lead event. Individuals on home detention are allowed to leave home to go to work as specified by the Home Detention Agency and as based upon the court’s specific orders and requirements.

Home detention is really a welcome alternative to being in jail particularly here in Maricopa County, and it is a good deal not only for individuals who have been convicted of DUI offenses, but also in terms of the county and city budgets given the fact that incarceration rates have been increasing and the costs associated with those rates have been multiplying as well.

What Is An Ignition Interlock Device? Who gets one?

An ignition interlock device looks like a small box. It is about the size of a large cell phone and it connects to your car’s ignition. In order to start the car, an individual must blow into the device and it must record no alcohol on your breath. It is typically calibrated as 0.02% blood alcohol content. Not only must you blow into it to start your car, you may also be subject to random tests as you are driving, sometimes more than once. With regard to Arizona’s ignition interlock laws, individuals convicted of DUI offenses are required to have an ignition interlock device for a year, but that can be reduced to six months in circumstances where an individual has been convicted of a first non-extreme DUI offense. There are other criteria which apply in order to lower the requirement from one year to six months with the remaining six months deferred. There is, of course, a fee charged for the installation and maintenance of this device.

The person must successfully complete an alcohol education program consisting of at least sixteen hours. The person must maintain the functioning ignition interlock device on all motor vehicles the person operates and meet the requirements of the ignition interlock program for at least six consecutive months.

What Sets Your Firm Apart In Handling DUI Cases?

First of all, our aggressive investigations in handling our DUI cases sets us apart. We not only visit and photograph the scene, but use other technology, develop diagrams and conduct aerial photography of the scene. We work with a broad range of experts, including accident reconstructionists and toxicologists, who assist us in our cases.

We have a very aggressive pre-trial motion practice, which places our clients in the best possible position to defend themselves at trial. With respect to plea negotiations, our firm is very aggressive in terms of placing our clients in the best position in order to negotiate the best possible plea offer given the circumstances the case. Our trial skills and abilities are superior and we represent our clients to the highest level possible at trial.

We exhibit knowledge and care in choosing the most appropriate juries for a specific case based upon the circumstances. We also have a very highly respected appellate practice at our firm and we try our cases with an eye to preserving the issues and the record for a strong appeal.

We are skilled not only in terms of setting up our clients for any possible appeal should they be convicted, but we are also skilled in terms of being able to handle those appeals should that be necessary.

Additional Information About DUI Charges In Arizona

Individuals should not drink and drive. That is the foremost rule. I have seen lots of circumstances where individuals have had just a few drinks and believed that they were not impaired, that they were only buzzed and they felt that they were safe to drive, but the consequences for their life, their careers, their financial wellbeing, and their families have been devastating. It applies both to where people think they are only mildly buzzed and get behind the wheel, and in circumstances where individuals may have longstanding alcohol or drug issues who decide to drive and place other drivers at risk.

A persons longstanding issues with respect to drinking or drugs should be addressed. I have seen devastating circumstances not only for drivers themselves, but their passengers and the public at large. These cases can result in garden variety first time DUI offenses, but they can also spin out to situations where individuals severely injure or kill other motorists, creating extreme ramifications for both clients and victims.

An individual who is impaired to the slightest degree who is involved in a motor vehicle accident resulting in the death of an individual is going to face a long time in prison. Their behavior needs to be addressed sooner rather than later.

For more information on Alternative Programs For First Offenders, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 794-4480 today.