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!