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DUI ATTORNEY: JURY STILL OUT ON JAIL TIME

You would think after months of advance warning that the Courts would know how to handle Arizona’s new DUI laws. Instead, we are seeing a hodge-podge of different policies and procedures. As a DUI attorney, this is aggravating.

Last year the Arizona State Legislature change ARS 28-1381 and 28-1382. In part, work release is now available for people six days a week, up from five. In another part, the law allows for people convicted of extreme and super extreme DUIs to serve a fraction of the jail time in jail, the other part at home.

The problem is that the continuous alcohol monitoring system, or CAMP, has yet to be set up across the board. As a result, people who are sentenced in the City of Phoenix are not able to get home monitoring through the new system. City officials are on record stating that the issue needs to be taken to the city counsel.

Generally speaking, people already are getting a break for extreme and super extreme DUI cases in Arizona. Instead of 30 days or 45 days, the intial jail is reduced to 9 or 14 days, so long as the defendant installs the interlock device in their car for a year. However, the new law allows all but 2 or 3 days to be served at home under the CAMP program. Because many courts don’t know what to do about CAMP, this option is not available.

We hope to be able to put out more information about how the home detention system works, but DUI attorneys are going to have to wait until we know more. The other piece of news is that the Arizona Legislature may take up the new DUI law changes again. Knowing how the lawmakers work downtown, anything and everything can change. We just hope that the rules don’t swing back and punish people unnecessarily.

If you have been arrested for a DUI in Arizona and are concerned about jail time, feel free to call our DUI attorneys at any time. Our office offers free DUI consultations with a DUI lawyer right over the phone. Stacey Felman is the managing attorney at Alcock & Associates and she is a former DUI prosecutor. Call her at 602-989-5000. It might be a good idea to have your DUI ticket in front of you so that she can explain the charges to you.

DUI attorney Nick Alcock is the owner and president of the Law Offices of Alcock & Associates. The DUI law firm handles cases in Phoenix and Maricopa County, Arizona.

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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004