Arizona's New DUI Laws Begin Today!
If you were pulled over for DUI on New Years Day there is a very good chance you will not be able to argue your case to a jury. Beginning January 1, 2011 people charged with a simple DUI under a .15% BAC are no longer entitled to a jury trial. Now, your guilt or innocence will rest squarely with a judge.
The same statute that stripped away the right to a jury trial also cut in half the amount of time the ignition interlock must be installed from 12 months to 6 months on certain DUIs.
In addition, for certain DUIs, suspensions are being reduced and initial jail time is being reduced
Below is an outline of the new DUI Laws that begin January 1, 2011:
1. Authorizes a City Council, County Sheriff and County Board of Supervisors to establish a continuous alcohol monitoring program with the approval of the Presiding Judge of the Municipal Court or the Presiding Justice of the Peace of the County, similar to a home detention program, for persons convicted of DUI. A person must pay all fees plus $30 per month while in the program. Same requirements apply.
2. Modifies the requirements for the current home detention program and the new continuous alcohol monitoring program by permitting a person convicted of DUI with a prior or Extreme DUI to be placed in a program upon completion of 20% of the initial sentence.
3. Authorizes the County Board of Supervisors to establish a home detention program with the approval of the Presiding Justice of the Peace of the County. The requirements are identical to the current programs which can be established by a city council or sheriff.
4. Repeals the prohibition of home detention program use for persons convicted of Aggravated DUI.
5. Applies implied consent and administrative per se to drugs listed in A.R.S. § 13-3401 or their metabolites.
6. Modifies the requirement that a person convicted of first offense non-extreme DUI serve 24 consecutive hours in jail to state the person must serve one day in jail.
7. Removes the statutory requirement that a person charged with a first offense DUI be entitled to a jury trial except if the person is charged with Extreme DUI.
8. The court may suspend all but nine days of a sentence if the person is convicted of an Extreme DUI, A.R.S. § 28-1382 (A)(1), and all but 14 days of a sentence if the person is convicted of Extreme DUI, § 28-1382 (A)(2), if a person installs a certified ignition interlock device (CIID) for one year.
9. A person convicted of a second offense DUI or Extreme DUI is eligible for a CIID after a 45 day driver’s license revocation.
10. Transfers the Aggravated DUI violation wherein a person required to equip a vehicle with a CIID because of a previous DUI conviction and refuses to submit to a blood alcohol test while under arrest for a subsequent DUI from the Aggravated DUI statute, A.R.S. § 28-1383, to the interlock violation statute, A.R.S. § 28-3319.
11. Reduces the court ordered driver license revocation upon a conviction for Aggravated DUI from three years to one year and clarifies that the CIID requirement for the defendant to obtain a license after revocation is twenty four months, not twelve months.
12. A person whose driver license is suspended pursuant to A.R.S. § 28-1385 is eligible for a CIID during a period of suspension if the requirements of A.R.S § 28-1385 (G) are met.
13. An extension of the CIID requirement for violating an enumerated condition for driving with a CIID is set at six months. The CIID requirement is extended if the person attempts to operate a vehicle twice with a Blood Alcohol Content (BAC) of .08 or above, instead of the current three times. If a person with BAC of .08 or above attempts to operate a vehicle during a six month extension, the CIID requirement must be extended an additional six months. 2
14. ADOT is required to remove any interlock requirement if the person is convicted of a violation of A.R.S. § 28-1381(A) (3), DUI per se drugs and the court does not order alcohol education or treatment after screening.
15. Upon the completion of the following requirements, ADOT may defer the last six months, starting from the date the interlock was installed, of a one year CIID requirement.
• The person is sentenced pursuant to A.R.S. § 28-1381(I) first offense non-extreme DUI
• The person successfully completes an alcohol or drug education course
• The person has maintained a functioning interlock ignition device in any vehicle operated for at least six consecutive months
• The person has not attempted to operate a vehicle with a blood alcohol content of .08 or more two or more times
• The person is not involved in an injury or damage accident
• All necessary compliance information was provided to ADOT by the interlock provider
The deferment is permanent, unless the person is arrested for DUI, Extreme DUI or Aggravated DUI during the period of the deferment. In that case ADOT is required to revoke the deferment and the person must complete the remainder of the CIID requirement.
16. Permits ADOT to substitute continuous alcohol monitoring for a CIID if the person is unable to use a CIID due to a medical or employment condition. During this period of continuous alcohol monitoring, the person must be tested for alcohol at a minimum of once a day. If the person tests positive for alcohol two times, ADOT is required to discontinue the continuous alcohol monitoring and require the person to install a CIID.
17. The Director of the Department of Corrections may authorize a person sentenced for Aggravated DUI and who is placed on probation to be released under a continuous alcohol monitoring program. The Director may require reimbursement.
18. Modifies legislation passed last year. An assessment of $125, rather than a 10% surcharge on the amount of the fine, is added to a warrant issued by a superior court or justice court as the result of a failure to pay a fine. However, the assessment is now only applicable if the underlying charge is a Title 28 offense. The assessment is not subject to any surcharges.
19. Gives constables the power to serve warrants pursuant to A.R.S. § 22-131.
If you have been charged for DUI on or after January 1, 2012 make sure to contact and experienced Phoenix DUI and Criminal Defense Attorney who knows the new DUI laws. Contact Phoenix DUI Lawyer Aaron Black for a free consultation at 480-729-1683.