Misdemeanor Sentencing Chart

Pima County, Arizona
Effective: 1/1/17 to Present
Maximum Sentence on each charge | JAIL | FINE (not inc. surcharges/assessmts.) | PROBATION |
CLASS 1 | 180 DAYS | $2,500.00 | 60 MONTHS* |
CLASS 2 | 120 DAYS | $750.00 | 24 MONTHS |
CLASS 3 | 30 DAYS | $500.00 | 12 MONTHS |
* Up to 36 months for a Domestic Violence conviction
REGULAR D.U.I. BAC 0.08 - 0.149
Minimum Sentence on each charge | JAIL | FINE (as of 1/1/17) w/ surcharges/ assessments | PROBATION | LICENSE | CLASSES | OTHER |
1ST OFFENSE | 10/9 [1] JAIL FEES |
$1538.00 + $196 + $20 |
12 MONTHS UNSUPERVISED |
90 DAYS [2] SCREENING |
LEVEL I/II TREATMENT MADD VIP |
INTERLOCK (12/6 mo.[3]) |
2ND OFFENSE w/in 7 yrs |
180/150 [4] JAIL FEES |
$3,498.00 | 24 MONTHS MONITORED |
1 YEAR REVOCATION [5] SCREENING |
LEVEL I/II TREATMENT MADD VIP |
INTERLOCK (12 mo.) 30 hrs. Com. Svc. |
3RD OFFENSE w/in 7 yrs FELONY(CL4) |
4 MONTHS D.O.C. |
UP TO $170,000 |
ADULT PROBATION | 3 YEAR REVOCATION SCREENING |
TREATMENT | INTERLOCK (24 mo.) & FORFEITURE |
EXTREME D.U.I. (+.150)
Min. Sentence on each charge | JAIL | FINE w/ surcharges/ assessments | PROBATION | LICENSE | CLASSES | OTHER |
1ST OFFENSE | 180/150 [6] JAIL FEES |
$2,788.00 | 24 MONTHS MONITORED |
90 DAYS SCREENING |
LEVEL I/II TREATMENT MADD VIP |
INTERLOCK (12 mo.) IMPOUND |
2ND OFFENSE w/in 7 yrs |
120 PCJ 60 CONSEC. JAIL FEES |
$3,778.00 | 24 MONTHS MONITORED |
1 YEAR REV. SCREENING |
LEVEL I/II TREATMENT MADD VIP |
INTERLOCK (12 mo.) IMPOUND 30 hrs. Com. Svc. |
3RD OFFENSE w/in 7 yrs FELONY(CL4) |
4 MONTHS D.O.C. |
UP TO $170,000 |
ADULT PROBATION | 3 YEAR REVOCATION SCREENING |
TREATMENT | INTERLOCK (24 mo.) & FORFEITURE |
SUPER EXTREME D.U.I. (+.200)
Min. Sentence on each charge | JAIL | FINE w/ surcharges/ assessments | PROBATION | LICENSE | CLASSES | OTHER |
1ST OFFENSE Super Extreme |
180/135 [7] JAIL FEES |
$3,248.00 | 24 MONTHS MONITORED |
90 DAYS SCREENING |
LEVEL I/II TREATMENT MADD VIP |
INTERLOCK (18 mo.) IMPOUND |
2ND OFFENSE w/in 7 yrs Super Extreme |
180 90 CONSEC. JAIL FEES |
$4,668.00 | 24 MONTHS MONITORED |
1 YEAR REVOCATION SCREENING |
LEVEL I/II TREATMENT MADD VIP |
INTERLOCK (24 mo.) IMPOUND 30 hrs. Com. Svc. |
3RD OFFENSE w/in 7 yrs FELONY(CL4) |
4 MONTHS D.O.C. |
UP TO $170,000 |
ADULT PROBATION | 3 YEAR REVOCATION SCREENING |
TREATMENT | INTERLOCK (24 mo.) & FORFEITURE |
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.