The state of Arizona has extremely harsh penalties for DUI convictions. Starting in 2012, the Arizona legislature passed a bill to lessen some of those penalties.
Arizona is known as having some of the, if not the, harshest drunk driving penalties in the nation. In 2011, the Arizona Legislature amended DUI and ignition interlock laws in the state through Senate Bill 1200. Effective January 1, 2012, the bill made modifications to the DUI penalties, most notably the amount of jail time required in an effort to lessen the impact on first time offenders.
Under the new bill, a first time offender of non-extreme DUI (a person is charge with an extreme DUI when their BAC .150 or above) is only required to serve one day in jail. The individual can receive credit for time served when in a holding cell, in a DUI van, or with an officer during the booking process. Before the amendment, the law stated that 24 consecutive hours in jail for a DUI charge, regardless of time spent in a holding area.
Senate Bill 1200 also modified the rules governing home detention programs, giving county sheriffs, City Council, and the County Board of Supervisors the authority to establish a continuous alcohol monitoring program. This allows courts in areas that previously did not have home detention programs the ability to establish one. To that end, the bill also made changes to the amount of time individuals are required to serve in jail. Upon completion of 20 percent of the total sentence, those convicted of DUI are eligible to be released to home detention programs. This not only reduce the amount of time spent in jail, but can significantly reduce fees and ease the burden of a DUI.
Similarly, the installation of a certified ignition interlock system can significantly shorten DUI sentences. Jail sentences for an extreme DUI conviction can be suspended for all but nine days with an interlock system, while jail time for a super extreme DUI can be whittled down to 14 days. Even the amount of time the interlock system is required was reduced by the bill, down from 12 months to 6 months. First time offenders can reduce interlock time further by completing a 16 hour education program and calibrating their system monthly at the motor vehicle division.
While reducing the severity of some of the DUI penalties, Senate Bill 1200 also deemed non extreme DUI charge as non jury trial eligible. This move was made in an effort to lower the overall system cost of a DUI charge. However, the change means that the determination of guilt or innocence in any first offense of a non extreme DUI is left to the sole discretion a judge. This has led to arguments that first time offenders are losing their right to a jury trial, while repeat and extreme offenders are being rewarded by keeping their jury trial rights.
