Where Do You Serve Jail Time for DUI in Arizona?
If you’re not from Arizona but you violate laws in the state, you’ll probably have numerous questions. Driving under the influence in Arizona will be prosecuted severely and you will have to face sanctions like license suspension, fines and even jail time.
Out-of-state drivers often wonder about the jail time and whether they will be incarcerated in an Arizona facility. Here’s what local laws envision in such situations.
Where Will the Sentence Be Served?
People who commit a DUI for the first time and who don’t cause a traffic accident, injuries or property losses may be freed from having to spend time in jail. Everyone else, however, will get a sentence that will have to be served in a detention facility.
Most often, out-of-state drivers will have to serve their sentence in an Arizona jail. While Arizona residents may get a work release that enables them to do their job regardless of the DUI sentence, out-of-state offenders will be deprived of such an opportunity.
Special provisions for a transfer to a jail in one’s home state may be possible in specific circumstances. The person that has to serve the sentence will be responsible for finding a jail in their home state that’s capable of taking them in and fulfilling the requirements of the Arizona sentence.
This provision is troublesome. Many jails throughout the US are dealing with over-population issues. Thus, finding a detention facility that’s capable of taking yet another person in may be an almost impossible task. In addition, you will have to cover the fees and the charges related to the transfer from one detention facility to another.
Anyone who manages to fulfill all of the requirements mentioned above will almost certainly be granted the transfer by an Arizona court.
If you cannot find a jail in your home state and make the necessary arrangements, you will have to serve the entire sentence in Arizona.
Click her to find out do you have to spend time in jail for an Arizona DUI.
Other Important Provisions to Keep in Mind
Regardless of the state that you’re a resident of, the original proceedings and the arrest will take place under Arizona regulations.
Arizona, just like most other states in the US, is a member of the Driver License Compact (DLC). If your home state is also a member, information about the violation you committed in Arizona will be communicated immediately with the local authorities. Thus, the sanctions that have been imposed in Arizona will also have an effect on your license and life upon your return home.
Prepare yourself for the suspension of your license once you get back home. The suspension will apply both on the territory of Arizona and in your home state.
As an out-of-state visitor to Arizona, you will need to get in touch with an experienced local DUI attorney as soon as you get arrested. This step is of paramount importance for challenging the charge and eventually getting it dismissed.
Even if you cannot complete the jail transfer procedure, your lawyer will work hard to minimize the sentence. If they could, for example, prove that your BAC was above 0.08 percent but below 0.150 percent, the jail sentence could be brought down to just one day. While uncomfortable, you’ll manage to deal with the sanction in Arizona instead of engaging in the challenging and costly transfer procedure.
If you commit an extreme DUI (your BAC is above 0.15 and below 0.2 percent), there will be a sentence of at least 30 days. This sentence is applicable to first-time offenders and individuals who have a stellar criminal record.
To sum it up, the prosecution does not offer simplified procedures for transfer to a jail in another state. Since the defendant has an issue with spending time in an Arizona jail, they’ll have to find an alternative. The process can be long and expensive. A good solution in such instances is hiring a reputable Arizona DUI attorney that will get to minimize the sentence.