Misdemeanor Sentencing Chart

Pima County, Arizona

Effective: 1/1/17 to Present

Comments:

DX/DUI: No interlock device requirement if:
A. Convicted of 28-1381(A)(3) only and;
B. Alcohol/drug screening completed and;
C. Court determines that no alcohol education or treatment is required.

[1] Effective 1/1/12, the DUI statute changed from a 24 hour requirement to "one day." State v. Carnegie generally indicates any portion of a day constitutes "one day" unless otherwise specified in the applicable statute.

[2] May be eligible for restricted license after 30 days with DHS approved alcohol/substance abuse screening.

[3] 12 months interlock device requirement reduced to 6 months if:

• Sentenced pursuant to 28-1381(I)
• Completed alcohol ed. program (16 hrs. min.)
• Interlock device installed, maintained and reported to MVD as required
• No positive blows (+.08 two or more times)

[4] A 30 day PCJ sentence on a 2nd offense Reg. DUI requires 6 days in jail so long as the person agrees to complete an alcohol screening and corresponding treatment. THEN apply 9-499.07. 20% of the term of incarceration (30 days) is 6 days in jail. Therefore, a 2nd offense Reg. DUI requires 6 days in jail followed by 24 days Home Detention pursuant to 9-499.07.

[5] After completing 45 days of the revocation period a person may be eligible for a special ignition interlock restricted driver license (SIIRDL).

[6] A 30 day PCJ sentence on a 1st offense XDUI requires only 9 days in jail if the person installs a certified ignition interlock device for 12 months. THEN apply 9-499.07. 20% of the term of incarceration is actually required. Therefore, an XDUI 1st offense requires 2 DAYS IN JAIL. The balance (7 days) is eligible for Home Detention pursuant to 9-499.07.

[7] A 45 day PCJ sentence on a 1st offense SXDUI requires only 14 days in jail if the person installs a certified ignition interlock device for 12 months.THEN apply 9-499.07. 20% of the term of incarceration is actually required. Therefore a SXDUI 1st offense requires 3 DAYS IN JAIL. The balance (11 days) is eligible for Home Detention pursuant to 9-499.07.