Being convicted of driving under the influence (DUI) in Arizona can lead to significant penalties, including mandatory jail time and the loss of your driving privileges. A diversion program is a type of alternative sentence that is available to first-time offenders in some states. However, Arizona does not have DUI diversion programs – making it even more important to contact a DUI defense attorney if you get arrested for this crime.
What Is a DUI Diversion Program?
Typically, a DUI conviction comes with a sentence that aims to punish or penalize the defendant for committing the offense. Some states, however, offer alternatives that aim to provide counseling, education and rehabilitation with the goal of preventing repeat offenses in the future rather than strict punishment.
A DUI diversion program – also known as a DUI deferment program or DUI diversionary program – is designed to address the underlying issue that may have contributed to the offense, such as a substance abuse disorder. It protects a defendant from the more severe consequences of a DUI conviction while offering a way to reduce the odds of driving under the influence in the future.
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Is a DUI Diversion Program Available in Arizona?
Many states offer DUI diversion programs as a sentencing possibility for first-time offenders. However, Arizona currently has no such program available. All penalties listed in Arizona’s driving under the influence law (Arizona Revised Statutes § 28-1381) are mandatory, even if it is the defendant’s first DUI. A first-time offender could face consequences that significantly impact his or her life.
The lack of a DUI diversion program in Arizona makes it critical to contact a DUI defense attorney if you get arrested for this crime. An attorney can carefully craft a defense strategy that is suited to your unique case and needs to help you achieve the best possible outcome. If case dismissal is not possible, your lawyer can try to argue the charge down to reckless driving or search for other alternatives to traditional sentencing that may be available.
For example, if you are a veteran facing a first-time DUI charge, the Veterans Court may be able to offer you an alternative sentence. Being a military veteran is an extenuating circumstance that may make you eligible for an alternative to the mandatory sentence if your lawyer can work something out with the court.
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What Are the Penalties for a First-Time DUI in Arizona?
Being found guilty of driving under the influence in Arizona is a class 1 misdemeanor, punishable with a mandatory 10 days in jail (or 1 day with a drug or alcohol screening program), fines, driver’s license suspension for at least 90 days, traffic school, community restitution, and a mandatory ignition interlock device. These penalties are enhanced for an aggravated DUI.
If you plead guilty to a DUI, by statute the judge must issue the mandatory penalties, including mandatory fines and license suspension or revocation. This is why it is important to hire a defense attorney to try to find a basis to dismiss the case or preclude DUI evidence for you. A lawyer from the Law Offices of John Phebus can take steps to protect you from DUI penalties as much as possible. Contact us today for a free case review.
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If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Scottsdale criminal defense attorneys.
John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +25years
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