Criminal Law

questions & answers

Question: I have been convicted of a DUI, which occurred in 2010. This is my first DUI and I have never had problems with the law ever before, nor since. I have been given 180 days in jail, or go to class and pay fines of about $2500.00, and nine days in jail. I do not currently have a job, but will find work after the nine days in jail. I do not have any funds at this time. I suffer from panic attacks and I am a member of CODAC Behavioral Health. I want to attend classes and complete the program. How can I avoid the 180 days in jail, as I have no funds?

Answer: If this is your first DUI in Arizona, unless an aggravated DUI, it is typically a misdemeanor. Typically, you can set up payment plans with the court in regards to the $2500 fine. Arizona Revised Statute 28-1381, provides the consequences of a DUI in Arizona... Sub-section J of the statute states the following: ARS 28-1381.J Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served. It sounds like you are specifically speaking of "deferred sentencing." If that is the case, if you don't complete the alcohol treatment class and pay the fines, they judge may sentence you to the 180 days in jail. I would advise you to speak with an attorney, specifically one with experience with criminal and DUI laws. They can help guide you through this process. Hope that helps, Good Luck!

Comments:

QUESTIONS

  • I have been convicted of a DUI, which occurred in 2010. This is my first DUI and I have never had problems with the law ever before, nor since. I have been given 180 days in jail, or go to class and pay fines of about $2500.00, and nine days in jail. I do not currently have a job, but will find work after the nine days in jail. I do not have any funds at this time. I suffer from panic attacks and I am a member of CODAC Behavioral Health. I want to attend classes and complete the program. How can I avoid the 180 days in jail, as I have no funds?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS