In Arizona, if you are convicted of driving under the influence, you may face criminal, civil and collateral penalties. These vary depending on how many prior convictions you have, among other circumstances. One penalty imposed during DUI sentencing can be alcohol and drug treatment. An experienced Phoenix DUI attorney can evaluate your case and options if you have been charged with a DUI and are concerned about alcohol and drug treatment. James Novak is a former prosecutor who is familiar with plea negotiations and sentencing in DUI cases in Arizona.
You can be convicted of a DUI in Arizona under two different laws if you drive while under the influence of alcohol or any illegal substance. This includes legal substances where they impair you at the time of driving. The first law criminalizes the operation of a motor vehicle while under the influence of intoxicating liquor, a vapor releasing substance, a toxic substance, drugs or a combination. The second law criminalizes the operation of a motor vehicle while any of certain defined drugs or their metabolites are in your system.
The number of days involved in the alcohol or drug screening, classes, counseling, or treatment a court may mandate in your case depends on your number of prior offenses and other circumstances. Before you go to counseling or treatment, you’ll have to undergo a screening with a counselor. The counselor will, based on past experience, help determine how many hours of treatment are appropriate. Different factors go into this determination, including the percentage of alcohol in your blood at the time of the arrest.
Sometimes it is wise to go to alcohol abuse counseling right after the arrest. This is because you will be able to show the court you take the situation seriously, and the time spent may go towards how much counseling or treatment you’ll be required to undergo in case of conviction.
You will have to pay to attend alcohol and drug treatment. The treatment will need to be certified and approved by the court. Considerations for most people include price, where the treatment facility is located, ratings, and referrals.
A first offense DUI is a Class 1 misdemeanor. For a first offense DUI conviction, you can face a number of penalties. Among these potential penalties is a drug or alcohol assessment and an alcohol education class.
If convicted of a second offense misdemeanor DUI, you can face 30-90 days in jail. However, if you complete an alcohol education class, you can get 60 of those days in jail suspended. Other penalties include a base fine, suspension of your license with mandatory installation of an ignition interlock device after the driver’s license is reinstated, alcohol screening, fines, surcharges, assessments, community service, and 5 years of probation. Additionally, you will be required to attend alcohol education classes. You will have to pay for those classes out of your own pocket.
For a third offense DUI conviction, you can face substantial penalties. Among these potential penalties is alcohol treatment, not just classes, that you need to pay for yourself. Third DUI penalties are less easily reduced than second DUI penalties are.
A Class 6 felony can be charged if you drive under the influence and the DUI occurs while you are transporting a minor under age 15. The minimum sentence for this type of DUI includes jail time, license revocation for 3 years, fines and costs, and 10 years’ probation. You’ll also need to attend alcohol counseling and alcohol treatment at your own expense.
You may face substantial alcohol and drug treatment mandates as part of your sentence for a DUI conviction, and alcohol and drug treatment may be a factor in any plea bargaining that occurs in your case as well. Mr. Novak represents defendants charged with DUIs and other crimes in the Phoenix area including Mesa, Chandler, Gilbert, and across Maricopa County. Call him at (480) 413-1499 or contact us via our online form.