Arizona DUI Information Guide By Individual Court


 

This Arizona DUI Information Guide by Individual Court is intended to provide you with the same practical information DUI Attorneys use to get the best possible result for their clients when someone is charged with a misdemeanor DUI.  The Guide describes the nuts and bolts of the process from arrest through sentencing and the consequences thereafter.  This particular guide is not about possible DUI defenses.

You may use the interactive Table of Contents to go to any particular topic of interest.

I have organized this guide into three parts.
Part 1.1 is a description of the basic Arizona DUI sentencing laws and consequences for Arizona driver’s licenses and privileges to drive and the many possible collateral consequences of a DUI conviction.
Part 1.2 describes many practical considerations that can affect the outcome of a case.  For example, included is information about prosecutor plea policies.
Part 1.3 describes how the practical considerations outlined in Part 1.3 are handled in the individual courts.

The information described in the Guide changes frequently.  If you do not see something you are looking for or know of any updates I should add please call, text or chat with me.

Guide to Arizona DUI Information

Table of Contents

Arizona Sentencing Laws, Driver’s License Consequences and Collateral Consequences

Arizona Misdemeanor DUI Sentencing Penalties

  • All Arizona Misdemeanor DUI offenses are Class 1 Misdemeanors.  The maximum possible sentence is
  • 6 months in jail
  • A fine of up to $2,500.00 plus surcharges
  • 5 years of probation.

All Misdemeanor DUI offenses have mandatory minimum sentences which are based on whether it is a first or second offense within 7 years and the alcohol levels and the presence of impairing drugs.  A conviction is a second offense if the defendant has a prior conviction for an Arizona DUI or another jurisdiction for an act which if committed in Arizona, would be a DUI in Arizona.  The date of the incidents determines whether an offense is within 7 years.
Below are the Mandatory Minimum Sentences which the courts are required to impose.  The Arizona MVD also is required to impose penalties, which are discussed separately, against the defendant’s Arizona Driver’s License or Privilege to Drive.

Arizona First Offense Mandatory Minimum Sentences

Regular DUI, Alcohol Level Less than .15% and DUI Drugs

28 A.R.S. § 1381.A.1, Driving Under the Influence, 28 A.R.S. § 1381.A.2, and Driving With An Alcohol Level of .08% Within 2 Hours and 28 A.R.S. § 1381.A.3, Driving with a Controlled Substance in the Defendant’s Body1.

  • Attend a Substance Abuse screening session and successfully complete any treatment and/or counseling ordered as a result of that screening session
  • Serve 10 consecutive days in jail, 9 of which may be to be suspended by the court provided upon completion of the Substance Abuse screening and counseling
  • Pay a $250 fine plus surcharges
  • Pay a State Prison Construction assessment of $500
  • Pay a State General Fund assessment of $500
  • Pay jail costs
Extreme DUI with Alcohol Level of .15% or More

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With An Alcohol Level of .15% Within 2 Hours2

  • Serve 30 consecutive days in jail, 21 of which may be suspended by the court provided the defendant installs and maintains a certified ignition interlock device in a motor vehicle for 12 months
  • Pay a $250 fine plus surcharges
  • Pay a Driving Under the Influence assessment of $250
  • Pay a State Prison Construction assessment of $1,000
  • Pay a State General Fund assessment of $1,000
  • Pay jail costs
Super Extreme DUI with an Alcohol Level of .20% or More

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With An Alcohol Level of .20% Within 2 Hours3

  • Serve 45 consecutive days in jail, 31 of which will be suspended by the court provided the defendant installs and maintains a certified ignition interlock device in a motor vehicle for 12 months
  • Pay a $500 fine plus surcharges
  • Pay a Driving Under the Influence assessment of $250
  • Pay a State Prison Construction assessment of $1,000
  • Pay a State General Fund assessment of $1,000
  • Pay jail costs

Arizona Second Offense Mandatory Minimum Sentences

Regular DUI, Alcohol Level Less than .15% and DUI Drugs

28 A.R.S. § 1381.A.1, Driving Under the Influence, 28 A.R.S. § 1381.A.2, and Driving With An Alcohol Level of .08% Within 2 Hours and 28 A.R.S. § 1381.A.3, Driving with a Controlled Substance in the Defendant’s Body4

  • Attend a Substance Abuse screening session and successfully complete any treatment and/or counseling ordered as a result of the screening session
  • Serve 90 consecutive days in jail, 60 days of which may be suspended upon completion of the Substance Abuse screening and counseling
  • Pay a $500 fine plus surcharges
  • Pay a State Prison Construction assessment of $1,250
  • Pay a State General Fund assessment of $1,250
  • Pay jail costs
  • Surrender driver’s license, if any, to the court
  • Perform thirty (30) hours of community service restitution (community service)
Extreme DUI with Alcohol Level of .15% or More

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With An Alcohol Level of .15% Within 2 Hours5

  • Serve 120 consecutive days in jail
  • Pay a $500 fine plus surcharges
  • Pay a Driving Under the Influence assessment of $250
  • Pay a State Prison Construction assessment of $1,250
  • Pay a State General Fund assessment of $1,250
  • Pay jail costs
  • Surrender driver’s license, if any, to the court
  • Perform thirty (30) hours of community service restitution (community service)
Super Extreme DUI with an Alcohol Level of .20% or More

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With An Alcohol Level of .20% Within 2 Hours6

  • Serve 180 consecutive days in jail
  • Pay a $1000 fine plus surcharges
  • Pay a Driving Under the Influence assessment of $250
  • Pay a State Prison Construction assessment of $1,250
  • Pay a State General Fund assessment of $1,250
  • Pay jail costs
  • Surrender driver’s license, if any, to the court
  • Perform thirty (30) hours of community service restitution (community service)

Other Sentencing Requirements

Restitution

The court is required to order a defendant convicted of any crime including DUI, to pay to the victim’s restitution for the direct economic loss caused by the defendant’s criminal conduct7.  For a DUI case that usually means personal injury and property damage claims.  The loss has to be for economic loss and therefore damages such as pain and suffering are not recoverable in the criminal case.  If the defendant had insurance for the losses suffered that may cover the restitution ordered.  Economic loss can include lost wages for a victim who comes to the court proceedings.

 Driver’s Licensing Consequences

Admin Per Se Suspensions

  • That the officer had reasonable grounds to believe the person was driving while under the influence of intoxicating liquor or drugs
  • That the person was placed under arrest for an alleged violation of A.R.S. §28-1381(A)(1), Driving Under The Influence
  • That a test or tests were taken, the results of which indicated the alcohol concentration in the person’s blood or breath at the time of the test to be 0.08% or more or there was any drug as defined in 28 A.R.S. § 3401 or its metabolite in the person’s body without a valid prescription for the drug or metabolite
  • That the testing method used was valid and reliable, and;
  • That the test results were accurately evaluated.

To reinstate the license or privilege to drive after the suspension period is over the person must:

  • Complete a Substance Abuse Screening Session
  • Pay a reinstatement fee.

Implied Consent Suspensions

All persons who operate a motor vehicle in Arizona impliedly consent to submit to chemical testing after being arrested for DUI.  If the person does not expressly consent to the testing or fails to successfully complete the testing then their Arizona driver’s license or privilege to drive will be suspended for 12 months or 24 months if they have been found to have refused similar tests within the past 84 months.

The proceeding to initiate this suspension, known as an Implied Consent Suspension, is usually begun by the arresting officer serving the person an Implied Consent Suspension Order.  The person then has 15 days to file a request for a hearing with the MVD in which the person seeks to contest the proposed suspension.  This time limit is strictly construed and if the person does not file a request within 15 days then the suspension automatically goes into effect.

If the person timely files a request for a hearing then the MVD’s Executive Hearing Office will schedule a hearing in front of a judge.  At the hearing the issues are limited to:

  • That the officer had reasonable grounds to believe the person was driving while under the influence of intoxicating liquor or drugs
  • That the person was arrested for DUI
  • That the person refused to submit to a test or tests to determine the alcohol concentration or the presence of drugs
  • That the person was informed of the consequences of refusal
  • That the person refused to submit to the test or tests as requested by the police officer(s).

If the suspension goes into effect either because the person does not request a hearing or because the judge, after listening to the evidence, orders the suspension to go into effect, the suspension will be for 12 months unless the person has had a prior refusal suspension within the past 84 months, in which case it is for 24 months.

To reinstate the license or privilege to drive after the suspension period is over the person must:

  • Complete a Substance Abuse Screening Session
  • Post an SR-22 with the MVD
  • Pay a reinstatement fee.

 License Revocations

Arizona Misdemeanor DUI convictions can result in a revocation of the defendant’s Arizona Driver’s License or Privilege to Drive under two circumstances.

  • First, If the defendant has one or more convictions for a violation 28 A.R.S. §§ 1381, 1382 or 1383 [Felony DUI] or an act in another jurisdiction that if committed in this state would be a violation of 28 A.R.S. §§ 1381, 1382 or 1383, within 84 months prior to the commission of the current DUI violation.  The dates of the commission of the offenses and not the dates of convictions govern.  If the revocation is, for this reason, the defendant is may be entitled to a restricted driving permit during a portion of the period of the revocation.
  • Second, If the defendant has one or more convictions for a violation 28 A.R.S. § 693, Reckless Driving or 28 A.R.S. § 708, Racing on Highways, within 84 months prior to the commission of the current DUI violation.  The dates of the commission of the offenses and not the dates of convictions govern.  If the revocation is, for this reason, the defendant is not entitled to a restricted driving permit during the period of the revocation.

Arizona Restricted Permits, Licenses and Special Ignition Interlock Restricted Licenses

Arizona Restricted Driver’s Permits, Licenses, and Special Ignition Interlock Restricted Licenses are available during several types of license or privilege to drive suspensions or revocations.  A driver who holds an otherwise valid license from another state who is subject to an Arizona suspension or revocation has a legal privilege to drive in Arizona with the same restrictions as apply to an Arizona licensee except that the Arizona MVD will not give the driver an actual Restricted Permit or License or Special Ignition Restricted License.  An out of state licensee must also comply with the same requirements as an Arizona licensee must do before they can drive as if they had an Arizona Restricted Permit or License or Special Ignition Interlock Restricted License.  In 2018 the Arizona legislature changed some of the terms of the Restricted Permits and Licenses and Special Ignition Interlock Restricted Licenses, effective January 1, 20198.  The information below is current to January 1, 2019.

Restricted Driver’s Permits, Licenses, and Special Ignition Interlock Restricted Licenses are available for the following types of DUI Suspensions and Revocations with the requirements to obtain the Restricted Permit or Special Ignition Interlock Restricted License listed below them:

A. Admin Per Se Suspension with No Serious Injuries and No DUI suspensions within the past 7 years, and no Serious Injury

Restricted Permit9 is available after the first 30 days of no driving and requires:

  1. Complete Substance Abuse Screening.

The permitted driving is:

  1. to travel between the person’s place of employment and residence and during specified periods of time while at employment,
  2. to travel between the person’s place of residence and the person’s secondary or postsecondary school, according to the person’s employment or educational schedule,
  3. to travel between the person’s place of residence and the office of the person’s probation officer for scheduled appointments
  4. to travel between the person’s place of residence and a screening, education or treatment facility for scheduled appointments.10
B. First Implied Consent Suspension within the past 7 years

Special Ignition Interlock Restricted License is available after the first 90 days of the suspension 11 and requires:

  1. Complete Substance Abuse Screening
  2. The posting of an SR-22 Certificate
  3. Install a Certified ignition Interlock Device.

The permitted driving is:

  1. Between the person’s place of employment and residence during specified periods of time while at employment.
  2. Between the person’s place of residence, the person’s place of employment and the person’s secondary or postsecondary school according to the person’s employment or educational schedule.
  3. Between the person’s place of residence and a screening, education or treatment facility for scheduled appointments.
  4. Between the person’s place of residence and the office of the person’s probation officer for scheduled appointments.
  5. Between the person’s place of residence and the office of a physician or other health care professional.
  6. Between the person’s place of residence and a certified ignition interlock device service facility.12
C. First Offense Regular or Extreme DUI conviction within the past 7 years

Restricted Permit is available after the first 30 days of the suspension, assuming no serious injury13, and requires:

  1. Complete Substance Abuse Screening
  2. The posting of an SR-22 Certificate

The permitted driving is:

  1. The person’s place of employment and residence and during specified periods of time while at employment.
  2. The person’s place of residence and the person’s secondary or postsecondary school, according to the person’s employment or educational schedule.
  3. The person’s place of residence and a screening, education or treatment facility for scheduled appointments.
  4. The person’s place of residence and the office of the person’s probation officer for scheduled appointments.14
D. First Offense Felony DUI with Child in the Vehicle

Special Ignition Interlock Restricted License is available after the first 90 days of the suspension15 and requires:

  1. Complete Substance Abuse Screening
  2. The posting of an SR-22 Certificate
  3. Install a Certified ignition Interlock Device

The permitted driving is:

  1. Between the person’s place of employment and residence during specified periods of time while at employment.
  2. Between the person’s place of residence, the person’s place of employment and the person’s secondary or postsecondary school according to the person’s employment or educational schedule.
  3. Between the person’s place of residence and a screening, education or treatment facility for scheduled appointments.
  4. Between the person’s place of residence and the office of the person’s probation officer for scheduled appointments.
  5. Between the person’s place of residence and the office of a physician or other health care professional.
  6. Between the person’s place of residence and a certified ignition interlock device service facility.16
E. Second Regular or Extreme DUI Within the Past 7 years

Special Ignition Interlock Restricted License for a Regular 17 and an Extreme DUI 18is available after the first 90 days of the Admin Per Se suspension and the first 45 days of the Revocation and requires:

  1. Complete Substance Abuse Screening
  2. the posing of an SR-22 Certificate
  3. Install a Certified ignition Interlock Device.

The permitted driving is:

  1. Between the person’s place of employment and residence during specified periods of time while at employment.
  2. Between the person’s place of residence, the person’s place of employment and the person’s secondary or postsecondary school according to the person’s employment or educational schedule.
  3. Between the person’s place of residence and a screening, education or treatment facility for scheduled appointments.
  4. Between the person’s place of residence and the office of the person’s probation officer for scheduled appointments.
  5. Between the person’s place of residence and the office of a physician or other health care professional.
  6. Between the person’s place of residence and a certified ignition interlock device service facility.19

 

Points Consequences

A conviction for a violation of 28 A.R.S. § 1382, Extreme Driving Under the Influence, or 28 A.R.S. § 1381.A, Driving Under the Influence, results in 8 points being assessed against a person’s Arizona driver’s license or privilege to drive.  A finding of “Responsible” for a violation of 28 A.R.S. § 701, Speeding, results in the assessment of 3 points.  Most other moving violations result in the assessment of 2 points per violation.  Charges such as 28 A.R.S. § 2532, No Current Registration and 28 A.R.S. § 4135(C), No Proof of Insurance, are not moving violations, therefore, no points are assessed.  The assessment of 13 to 17 points within a 12-month time period will result in the Arizona Department of Transportation suspending the person’s Arizona driver’s license or privilege to drive in Arizona for a period of 3 months, 18-23 points, 6 months and 24 or more points within 36 months, 12 months.20  Restricted driver’s licenses are not available for points suspensions.

A request for a hearing to contest a points suspension does not stay or prevent the suspension of the points from going into effect. 21

Underage Drinking and Driving

A separate offense is Underage Drinking and Driving22.  This offense is a Class 1 misdemeanor.  Unlike DUI there is no mandatory minimum sentence however if the defendant is convicted of the offense their Arizona driver’s license or privilege to drive is suspended 2 years.  If the court orders it, the defendant may drive with a restricted license, to and from work and school during specified hours however they must equip and drive only a vehicle with an ignition interlock device23.  The charge is decided by a judge and not a jury.  Evidence that there is any alcohol in the defendant’s body is sufficient for a conviction.

SR-22 Certificate of Insurance

An SR-22 Certificate of Insurance is proof of financial responsibility.  An SR-22 is an agreement by an insurance company that the company will issue liability coverage to a driver for a period of 3 years and to notify the MVD if there is a lapse in the liability coverage (most common cause is a failure to pay the premiums).

An SR-22 is required for all license or privilege to drive reinstatements, after all, DUI related suspensions except Admin Per Se Suspensions.

Commercial Driver’s Licenses (CDLs )  Consequences

An Admin Per Se or Implied Consent suspension or a conviction in court for a DUI or Driving a Commercial Motor Vehicle With an Alcohol Concentration of 0.04%, will result in a Commercial Driver’s license (CDL) disqualification for 1 year.

The disqualification will be for 3 years if the violation occurred while the defendant was driving commercially and transporting hazardous material.

The disqualification will be for life if the defendant also has another An Admin Per Se or Implied Consent suspension or a conviction in court for a DUI or Driving a Commercial Motor Vehicle With an Alcohol Concentration of 0.04%, on or after December 31, 1989.  A driver disqualified for life may reapply for a CDL after 10 years. 24

Arizona MVD Licensing  Corrective Actions for Out of State DUIs

The Arizona MVD may take corrective action against an Arizona Driver’s License as a result of a DUI incident in another state or even another Country.  28 A.R.S. § 3306.A.7 25, authorizes the MVD to suspension or revoke an Arizona Driver’s License if the driver has committed an act in another state which would be the basis for a suspension or revocation if committed in Arizona.  The statute does not require a conviction to trigger the corrective action.  As of January 5, 2018, I learned of a corrective action being taken against an Arizona License for a DUI arrest in Germany, which was prosecuted civilly in German courts which in turn lead to a suspension of the driver’s United States Military driving privileges. That Arizona MVD corrective action was based solely on civil administrative proceedings (either German or U.S. Military) conducted outside the United States and with no criminal conviction.

The corrective action taken by the MVD pursuant to 28 A.R.S. § 3306.A.7, maybe a suspension or revocation.  In contrast to corrective actions for DUIs committed in Arizona, there is no provision for restricted licenses during this suspension or revocation.  There is also no interlock requirement nor substance abuse screening requirement for license reinstatement

A driver may request an administrative hearing to contest the proposed corrective action issued pursuant to 28 A.R.S. § 3306. A.7.  Upon timely receipt from the driver for a hearing to contest the corrective action, the MVD Executive Hearing Office issues a Stay of the corrective action (which prevents the corrective action from going into effect) until the hearing is held although the legal authority for the Stay is questionable.  A corrective action pursuant to 28 A.R.S. § 3306.A.7, is discretionary and not mandatory and the MVD Judge is has the authority to void the suspension or revocation or order Traffic Survival School instead of a suspension or revocation.

Possible Collateral Consequences for Misdemeanor DUI

There are many unanticipated consequences for a DUI conviction.  Here are some of them which are not discussed elsewhere in this post:

  • In Arizona under 28 A.R.S. § 1464.H, it is a class 1 misdemeanor for a person who is required to have an IID to operate a motor vehicle unless that motor vehicle is equipped with a functioning IID unless there exists a “substantial emergency”.  In Arizona, it is a class 1 misdemeanor to knowingly rent, lease or lend a motor vehicle without an interlock to a person required to have it.  If a person is found guilty the mandatory minimum sentence is an extension of the I.I.D. requirement for 1 additional year 26.  Whether it is a crime to do so in another state is dependent on the laws of that state
  • Although policies vary by company, many national rental car companies will not rent a vehicle to a person convicted of DUI for up to 5 years
  • Certain licensed professionals such as nurses are required by their respective rules of conduct to report any criminal arrests and convictions to their licensing boards
  • Pursuant to law, the police may seize and forfeit a vehicle driven by a person whose license is then suspended
  • Certain licensed professionals, such as teachers, childcare workers, etc., are required to have fingerprint clearance cards issued by the Arizona Department of Public Safety.  An arrest or conviction for DUI it shall result in a 5-year restriction of the person’s ability to drive a motor vehicle transporting individuals while working in an occupation which requires a fingerprint clearance card  27
  • Certain licensed professionals such as nurses are required by their respective rules of conduct to report any criminal arrests and convictions to their licensing boards
  • Pursuant to 23 A.R.S. § 619.01, an employee of any company may be denied employment or terminated upon an admission of or conviction for  crime related to the employer’s business or to the employment, or which could have a substantial adverse effect on the employer’s interest, public relations or trust unless the employer had actual knowledge of such admission or conviction at the commencement of the employment28 of a misdemeanor such as DUI may be denied employment by this state or any of its agencies or political subdivisions; or be denied an Arizona state-issued   license, permit or certificate if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought 29
  • All employees or service providers to the Arizona Department of Juvenile Corrections may be terminated from employment if they are arrested or convicted for a DUI offense. 30
  • Any Arizona Department of Health Services Certified or Licensed Child Care Home Provider may have that license suspended if they are arrested or convicted for a DUI offense 31
  • A conviction for any DUI can affect a person’s ability to get custody of their children in a contested custody proceeding 32
  • It is the practice of Sheriff Departments in Arizona to check the immigration status of people serving jail sentences in the county jail.  If a person is illegally in this country, the Sheriff’s Office may not release that person from custody upon completion of that sentence, but rather may transfer them to the Immigration and Naturalization Service (INS) for deportation
  • It is a class 2 misdemeanor for a person to knowingly display, cause or permit to be displayed or have in the person’s possession a canceled, revoked, suspended, fictitious or fraudulently altered driver license.  Upon a conviction for this offense, the MVD may suspend that person’s driver’s license for a period of 6 months.  If a person has been issued a valid license by the Arizona MVD and thereafter their driver’s license is suspended for any reasons, then the use or even the mere possession of that previously issued license is a violation of this section 33
  • Any person who is not a Canadian citizen and has been convicted for the commission of any crime, including misdemeanor DUI, committed within the United States, maybe barred from entry into Canada 34
  • Any person who has been arrested or convicted for any crime may be barred from or removed from the Global Online Enrollment System administered by U.S. Customs and Border Protection Trusted Traveler Program 35
  •  The court may direct the Arizona Department of Revenue to intercept a convicted defendant’s Arizona State Tax Refund and send the refund to the court for payment of the fines
  • Any person who has been arrested or convicted for any crime may be excluded from enrollment in health and nursing programs within the Maricopa County Community College District for a minimum of 3 years after the conviction 36
  • Pursuant to 23 A.R.S. § 1031.A, payment of worker’s compensation benefits shall be suspended during the period of time that the employee has been convicted of a crime and is incarcerated in any state, federal, county or city jail 37
  • A conviction for Driving Under the Influence of a Controlled Substance, such as Marijuana or prescription medicine, may result in the revocation of a license issued by the United States Bureau of Alcohol, Tobacco and Firearms  38
  • For more information on the collateral consequences of a criminal conviction39, please see the American Bar Association’s Collateral Consequences website

Possible Felony Consequences of Misdemeanor DUIs

Misdemeanor DUI cases are often begun when the arresting officer files a citation in a court. Thereafter the charges are reviewed by the prosecutor for that court and after reviewing the charges the prosecutor may decide to refer the case to the County Attorney for prosecution as a felony. This can be true when there is

  • A traffic accident involved in the incident and a victim suffers a serious injury (Aggravated Assault40 or there is property damage in excess of $1000 (Criminal Damage)41, or
  • There is a child under the age of 15 years in the vehicle42, or
  • The defendant attempts to flee from a Police Officer who is attempting to stop the defendant’s vehicle (Felony Flight)43, or
  • The defendant’s driver’s license is suspended or the defendant has two or more prior DUI convictions within seven years prior to the stop on the current misdemeanor DUI case (Aggravated DUI)44.

For misdemeanor DUI cases that could be charged as a felony is very important to try to resolve the case quickly as possible as a misdemeanor to avoid possible felony prosecution. Some prosecutors routinely refer all possible felony cases to the County Attorney’s Office (or the Vehicular Crimes Bureau within the County Attorney’s Office) and some do not.</a

Practical Considerations

Police Departments

Primary Police Department


Most courts have one or more Police Departments that conduct investigations for cases in that court.  Investigation and processing procedures can vary by the police departments.

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Vehicle Impoundment

Arizona law requires police officers to impound for 30 days vehicles driven or controlled by persons whom the officer believes is committing an Extreme DUI.45  There are some limited exceptions to this rule Most but not all Police Departments always impound vehicles when required by law. Each police department has its own procedures on how to get the vehicle out of impoundment.

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Alcohol Testing Methods

Approved breath testing methods in Arizona can include Breath testing with an Intoxilyzer, blood testing with samples drawn by either licensed phlebotomists or police officers qualified as phlebotomists, or both breath and blood testing.

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Body Cameras

As of January 1, 2018, most but not all Police Departments in Arizona have their officers wear Body Cameras.  The remaining exceptions are the Arizona Department of Public Safety and the Phoenix Police Department, which has some but not all officers wearing cameras.  The most common locations for the cameras are the middle of the officer’s upper chest or as with the Maricopa City Police Department and Maricopa County Sheriff’s Department, attached to the side of the pair of protective glasses worn by the officer.  The cameras attached to glasses may be better because give the viewer the same visual perspective as the officer.

In many cases, body cameras recordings help the defense.  Without body cameras what happened in a case often comes down to what a trained officer said happened or what a defendant who may have been impaired recalls having happened.  With that in mind, for motions in which the defendant seeks to challenge in court the legality of various actions taken in the case by the police officers, such as interfering with the defendant’s right to call an attorney, judges are quick to find the officer’s testimony more credible than the defendant’s and deny the defendant’s motions.  The visual images from body cameras can be deceptive because of the camera angle and other factors 46 but the audio recording is usually accurate.  The value of the audio is that it can eliminate the issue of the possibly impaired defendant’s credibility about what happened because what was actually said by the officer and the defendant was recorded on the body camera.

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Book into Custody or Cite and Release

For misdemeanor DUI’s some police departments routinely issue to the defendant a citation to appear in court and then release the defendant from custody instead of booking the defendant into a jail. Some police departments routinely book out-of-state residents into custody.

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Service of Admin Per Se Suspension Order at Time of Release

While processing an arrested person for DUI the police officers are authorized by law to serve a proposed order of suspension (Admin Per Se Suspension Order) on the arrested person seeking to suspend the arrested person’s Arizona driver’s license or privilege to drive because of a belief the officer has that the arrested person’s alcohol level is in excess of .08% or that they have a controlled substance within their body47. When the only testing procedure is blood testing the officer does not know what the alcohol level is at the time of the processing however the transportation law authorizes the officer to serve the admin per se even if the test results are not available. Some police departments routinely serve the Admin Per Se Suspension Orders even though the test results are not available at the time of processing.

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Court

Court Organization

How a court is organized can affect what happens with the case.  Most municipal courts are organized into only one division, and for those courts, the organization really doesn’t make any difference.  The larger municipal courts in Maricopa County, such as Phoenix, Mesa, Tempe, and Gilbert, have several divisions, with a particular judge assigned to each division.  In most courts with multiple divisions cases are assigned to that particular division and they stay in that division through trial.  An exception is Phoenix, where cases are first assigned to a division for pre-trial matters and then are reassigned to another division for placement at the time of trial.  Where this makes a difference is a defendant can file a change of judge one time as a matter of right without having to specify a reason.  The Notice of Change of Judge must be filed within 10 days of assignment to the judge or before the judge issues a ruling in the case.  Which judge decides legal issues in a case can be very important, and so for cases which stay in the same division throughout the case the defendant must determine quickly if that judge might be unfavorable to their positions, even though the defendant may not yet know what legal issues may arise in the case, and file the change of judge quickly.  In Phoenix, it may not be a good idea to file a change of judge before it is assigned to a judge for trial, because if they file the change of judge while in the pre-trial stage, they cannot file a change of judge later if the assigned trial judge will not be favorable.

For court with multiple divisions, when either the prosecutor or defendant files a change of judge the case is then reassigned to another judge in that court.  In Maricopa County Justice Courts the case may be assigned to a temporary judge who hears the case in the same division or it can be reassigned to another judge in another justice court.  In Municipal Courts with one division, the case will be reassigned within the same court, either to another judge in that court or a temporary judge who will hear the case in that court.

When the defendant files a motion for which an evidentiary hearing is required, such as a motion to suppress, no basis for the stop of the vehicle, that motion may be heard on the day the jury trial is set or on an earlier motion date.

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Required Appearance of Defendants Represented by Private Attorneys

Defendants are required to appear at all court appearances.  In most (but not all) misdemeanor courts privately retained attorneys are permitted by the court to waive their client’s appearances for arraignments at most pretrial conferences.

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Veterans’ Court

Veterans’ Court now exists in effect as another division in some of the municipal courts in Maricopa County.  Veterans’ Court is a therapeutic court for any defendant who is a Veteran and is not a court within which cases are tried.  Under the practice in most Veterans Courts, the defendant participates in a counseling program under the supervision of the Veterans Administration and if the defendant successfully completes the counseling program then the prosecutor often makes a better plea offer.  Social workers and others help veterans with problems such as getting employment, if necessary upgrading their veteran status and helping them to establish eligibility for Veterans Administration benefits.  If a defendant is a veteran they should always consider whether it would be a good idea to have their case adjudicated in a Veterans Court.

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Telephonic Changes of Plea

Some courts permit defendants to do telephonic changes the plea when they live outside the local area of the court.  The advantage is the defendant does not have to return to Arizona to resolve the case.  Because all DUI convictions require the service of a jail sentence unless the defendant is given credit for jail time served they must arrange to serve the sentence in a jail where they are living.  For western states such as California, this is generally not a problem but for eastern states such as New York, it is a problem.

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Probation

A defendant for a misdemeanor DUI case could be sentenced to up to five years of summary probation.  Some courts routinely sentence the defendant to probation to monitor compliance with their sentencing obligations, such as the counseling, jail time and ignition interlock device requirement.  If the defendant fails to comply with their obligations then a violation of probation proceeding can be filed and the defendant can be sentenced up to the maximum 180 days in jail.  When a victim has suffered an economic loss some courts sentence the defendant to pay probation so that if the defendant does not pay the restitution the court can revoke probation and sentence the defendant to jail.

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Victim Impact Panels (MADD VIP)

Defendants are sometimes ordered to attend Victim Impact Panels sponsored by Mothers Against Drunk Driving (MADD).  At the panels, defendants listen to people who have had family members killed or seriously injured in a DUI case describe the impact on their families.  Victim Impact Panels are usually 2 hours in length.

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Substance Abuse Counseling

Anyone found guilty of a regular DUI is required to do Substance Abuse Screening and Counseling.  Most but not all courts also require Substance Abuse Screening and Counseling for Extreme DUI charges.  Some courts use a particular Substance Abuse agencies and other courts do not.  The particular agency a defendant uses is important because some agencies are very difficult to work with and are quick to inform the court the defendant is not complying with their counseling requirements even though the real problem may be dealing with the inflexible counseling schedules the agency requires.

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Sentence Reviews

The defendant who has been found guilty of DUI must do several things such as counseling, possibly community restitution or service, provide proof of the installation of the ignition interlock device and attendance at a MADD victim impact panel.  Most courts set a regular date for the defendant to appear and provide the proofs of completion and others only set a court date if the proof is not provided by a certain date, in which case the court sets an order to show cause.

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Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I)

A court is authorized to suspend some of the jail time for a first offense Extreme DUI if the defendant installs and maintains an ignition interlock device on a vehicle for 12 months.48  Some courts who suspend the jail time require the defendant to install the interlock prior to sentencing, and others set a sentence review date approximately 60 days after sentencing so the defendant can provide the court with proof of installation of the interlock.  Some courts set sentence review dates, usually quarterly, where the defendant is required to provide proof to the court that they have maintained the interlock with no problems.

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Home Detention and Continuous Alcohol Monitoring (CAM)

State law permits courts to allow a defendant to serve a portion of a jail sentence on Home Detention and/or wearing an electronic monitoring device, Continuous Alcohol Monitoring (CAM), if the government where the court is has approved it (for example, the Phoenix City Council for the Phoenix Municipal Court).  This means for municipal courts that the city or town Council has approved it, and for counties that the County Board of Supervisors has approved it.  The manner in which the program is authorized must be both by state law as well as in accordance with the local ordinance.  For example, under state law, the defendant is eligible for home detention or continuous alcohol monitoring after serving 20% of the sentence, and so for a 9-day sentence, a defendant would be eligible after having served 2 days in jail.  However, if the city ordinance authorizing it requires serving more actual jail time before being eligible for home detention then the court’s order must comply with that.  For example, if the local ordinance says that a person is not eligible for home detention until they serve 15 days in jail, in the case of a sentence of only nine days the person is not eligible for home detention at all.  The authorization for home detention and continuous alcohol monitoring varies by court.  Home detention can be done as jail is done with work release authorized up to 12 hours a day six days a week.  With some courts only 5 days, a week is authorized for home detention.  Additionally, for some courts, the court allows the home detention program to establish the hours and days the defendant would be out for work release.  For other courts, the court itself makes that determination and specifies it on the order permitting the home detention.  It is therefore important to remember that if the court is the one that sets the hours and there’s a change in the work hours, either before the person starts the home detention or after they begin, then another court order is required, whereas if the home detention program decides the hours then only the approval of the home detention program is needed.

Continuous alcohol monitoring is more flexible than home detention because it is not limited to certain hours for work release.  Essentially the defendant can be out for work or do anything at any hour as long as they haven’t been drinking alcohol.  In most jurisdictions that offer continuous alcohol monitoring that is a better alternative than home detention because there is more flexibility in what a defendant can do with continuous alcohol monitoring than home detention.

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Jail

Unless a defendant is given credit for time served all defendants found guilty of DUI must serve a jail sentence of some sort.  In misdemeanor DUI cases it is uncommon for the defendant to be taken into custody at sentencing, so most defendants are permitted to self-surrender for the service of the jail sentence.  If the sentence is for one day, unless the court writes the order as 24 hours, the defendant may be released early from custody.  Of course, when the person gets out of custody is entirely up to the jail facility, but the jail is not required to hold them for a full 24 hours unless specified on the court’s order.  If a defendant is in custody for more than a couple of days then they are eligible for work release.  For work release the court sets the days when the defendant may be out for work purposes, up to six days week at 12 hours per day.  In Maricopa County, the defendant is required to get a certificate saying they are healthy enough to serve in the work release facility.  For work release, the defendant must actually go to work, because if they do not then technically that is an escape which is a far more serious charge.  However, as long as the defendant is back in custody at the appointed time and has not been drinking alcohol or using drugs then they generally do not have a problem with work release.  Whether a defendant is in violation of the jail’s work release rules is determined solely by the jail, and if found to be in violation most likely the defendant will not be eligible to get work release for the remainder of the jail sentence.

Defendants are required to pay the costs of incarceration.49  The court may waive the defendant’s payment of some or all of the incarceration costs if the defendant is unable to pay those costs.  Some courts will consider waiving the incarceration costs and some will not.

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Prosecutor

Prosecutor Plea Policies

Each prosecution office has its own plea offer policies. Variations in policies can include:

  • Reducing extreme charges to lesser DUI charges at different alcohol levels
  • Agreeing to alternative sentencing for extreme charges

  • Not alleging or withdrawing allegations of prior DUI convictions if the defendant accepts the plea offer
  • Making Reckless Driving plea offers.

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Reckless Driving Plea Offers

Some prosecution offices will agree to allow a defendant to plead guilty to one amended charge of reckless driving. The advantage of a reckless driving conviction is it would not carry with it the mandatory penalties for a DUI conviction50. Those would include the requirement of a vehicle ignition interlock device. In many cases, a reckless driving plea offers a better way to resolve the case. Reckless driving plea offers are not automatically made by any prosecution agency and no defendant should assume that they’re entitled to such an offer.

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Individual Court Practices

Gila County

Gila County Justice Courts

Maricopa County

Avondale Municipal Court

Police Departments and Practices
Primary Police Department: The Avondale Police Department.
Vehicle Impoundment: Yes always when authorized by law. Avondale Police Department Release Procedures

Alcohol Testing Methods: Breath only unless DUI Drugs case or the arrested person refuses to submit to breath testing. Blood samples are tested by the Arizona Department of Public Safety Crime Lab.
Book or Cite and Release: Can be either cite and release or book into the Avondale City Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released with breath testing and not necessarily with blood testing.

Court
Court OrganizationOne division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: No.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered.
Victim Impact Panels (MADD VIP): Not routinely ordered.
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): No. Avonvale is the only jurisdiction who does neither the Alternative Sentencing nor Home Detention. A 30-day sentence in Avondale for a .15% Extreme means 30 days in jail.
Home Detention and Continuous Alcohol Monitoring (CAM): No. Avonvale is the only jurisdiction who does neither the Alternative Sentencing nor Home Detention. A 30-day sentence in Avondale for a .15% Extreme means 30 days in jail.
Jail: Maricopa County Jail or Avondale City Jail.    For Work Release from the Maricopa County Jail requires a completed the Health Form needed for Work Release.  Work release is possible when serving a sentence in the Avondale City Jail. Must have prior approval from the jail. Maricopa County Jail See my post about Maricopa County Jail Costs.

Prosecutor: Avondale City Prosecutor.
Plea Policies: The Avondale City Prosecutor makes his best offer at the arraignment or the first pretrial conference, particularly on the Extreme DUI charges, and then if the defendant does not accept the offer, the offers include more jail time at each subsequent pretrial conference. On Extreme DUIs the initial offers are to plead to a lesser charge, usually a Regular DUI. If the plea offer is to a lesser charge then the fines in the agreement are for the original charge. For example, if the charge is a .15% Extreme and the offer is to plead to a Regular DUI the fines in the agreement are those for the Extreme charge. Avonvale is the only jurisdiction who does neither the Alternative Sentencing nor Home Detention. A 30-day sentence in Avondale for a .15% Extreme means 30 days in jail and so defendants have to be careful about rejecting a plea to a Regular DUI with lesser jail time.
Reckless Driving Plea Offers: Yes.

Buckeye Municipal Court

Police Departments and Practices
Primary Police Department: The Buckeye Police Department.

Vehicle Impoundment: Yes always when authorized by law. Buckeye Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: Blood and/or Breath.

Book or Cite and Release: Cite and release.
Service of Admin Per Se Suspension Order at Time of Release: Served before an arrested person is released.

Court
Court Organization: One division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: Yes.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered.
Victim Impact Panels (MADD VIP): No.
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): No.
Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention and Continuous Alcohol Monitoring. On an extreme DUI charge, the defendant must serve 15 days in jail before they are eligible for home detention. 51 This is different from other jurisdictions where the person is eligible Home Detention after serving 20% of the sentence.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release.52 See my post about Maricopa County Jail Costs.

Prosecutor: Buckeye City Prosecutor
Plea Policies: With Extreme DUI charges the prosecutor makes his best offer first at either arraignment or the first pretrial conference and thereafter the offers include progressively more jail with each succeeding pretrial conference.  The fines are for the original charge so if the original charge is Extreme DUI and the plea is to Regular DUI the fines would for an Extreme DUI. Defendants also have to keep in mind on an Extreme DUI sentence they must serve 15 days, and not 20% of the days before getting home detention.  There also is no Alternative Sentencing for an Extreme and so for a first offense Extreme the defendant would have to serve 15 days in jail and then 15 days on home detention whereas in Phoenix the defendants serve 2 days in jail and 7 days on Continuous Alcohol Monitoring.
Reckless Driving Plea Offers: Yes.

Cave Creek/ Carefree Municipal Court

Police Departments and Practices
Primary Police Department: The Maricopa County Sheriff’s Department, District 4.
Vehicle Impoundment: Yes generally when authorized by law. For information call, The Maricopa County Sheriff’s Department, District 4 (602) 876-1742.

Alcohol Testing Methods: Breath and/or Blood.
Book or Cite and Release: Cite and release however could be booked into the 4th Avenue Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available.

Court
Court Organization:  1 division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court:
Telephonic Changes of Plea:
Probation:
Victim Impact Panels (MADD VIP):
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews:
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I):
Home Detention and Continuous Alcohol Monitoring (CAM):
Jail: Completed Health Form needed for Work Release. See my post about Maricopa County Jail Costs.

Prosecutor: Cave Creek/ Carefree Town Prosecutor
Plea Policies:
Reckless Driving Plea Offers:

Chandler Municipal Court

Police Departments and Practices
Primary Police Department: The Chandler Police Department although Chandler, Gilbert, and Mesa have an intergovernmental agreement under which officers from each jurisdiction may patrol in the other jurisdiction.
Vehicle Impoundment: Yes almost always when authorized by law. Chandler Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: Blood only.
Book or Cite and Release: Cite and release.
Service of Admin Per Se Suspension Order at Time of Release: Not served when the arrested person is released from custody. The Police Department is supposed to forward test results when they become available to the MVD so that the MVD can initiate an Admin Per Se suspension proceeding. This, however, is not always done which is a problem for those defendants charged with a First Offense DUI and who wish to stipulate to the Admin Per Se suspension either to avoid having to post an SR-22 or because they want the suspension to start on a particular. Defense counsel has to then ask the arresting officer to send the results to the MVD however officers will not always send the results to the MVD upon a request from defense counsel that they do so.

Court
Court Organization: 4 trial divisions and cases do not necessarily stay in the same division for trial.   The court adds a 05% service charge on any fines paid online.
Required Appearance of Defendants Represented by Private Attorneys: Yes however the judges are not as strict in enforcing this requirement as they have been in past years.
Veterans’ Court: Yes.
Telephonic Changes of Plea:
Probation: Yes, 12 months of supervised probation is most commonly ordered.
Victim Impact Panels (MADD VIP): Yes.
Substance Abuse Counseling: Court uses A.B.C. Counseling as the preferred screening service and then the defendant can do counseling with any agency approved by the Arizona Department of Health Services.   The court will accept screening done by another approved agency if the screening is done prior to sentencing.  If treatment is ordered in addition to the mandatory 16 hours of DUI Education the court’s probation officers may not accept online counseling.
Sentence Reviews: Yes, however with the court’s probation officer and not the court itself. Defendants have to either appear or fax required documents to the probation officer.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. At review hearings, defendants are required to first show proof of the installation of a required interlock device and then at a second review hearing set 12 months later proof that they have had the interlock on for the required 12 months. Review hearings are with the court’s probation officer. Defendants may be required to provide monthly maintenance records.
Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention is available and is set up through the court’s probation department. The defendant’s participation in home detention must be approved by the probation officer prior to the defendant’s sentencing although that generally is not a problem.
Jail: Maricopa County Jail. A completed Jail Health Form is needed for Work Release. See my post about Maricopa County Jail Costs.

Prosecutor: Chandler City Prosecutor
Plea Policies: Plea offers are not revoked if the case is set to trial.
Reckless Driving Plea Offers: Yes.

El Mirage Municipal Court

Police Departments and Practices
Primary Police Department: The El Mirage Police Department.
Vehicle Impoundment: Yes usually when authorized by law. For Impoundment Release call the El Mirage Police Department at 623-500-3013.

Alcohol Testing Methods: Breath and/ or Blood.
Book or Cite and Release: Cite and release except out of state residents are booked into the 4th Avenue Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before an arrested person is released if breath test results are available.

Court
Court Organization: 1 division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court:
Telephonic Changes of Plea:
Probation:
Victim Impact Panels (MADD VIP):
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews:
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes both Home Detention and Continuous Alcohol Monitoring although El Mirage City Code § 33.54(C) requires service of 15 days in jail before a defendant is eligible for Home Detention and Continuous Alcohol Monitoring. See footnote.53
Jail: Maricopa County Jail. Completed Health Form needed for Work Release. See my post about Maricopa County Jail Costs.

Prosecutor: El Mirage City Prosecutor
Plea Policies:
Reckless Driving Plea Offers:

Fountain Hills Municipal Court

Police Departments and Practices
Primary Police Department: The Maricopa County Sheriff’s Department, District 7.
Vehicle Impoundment: Yes generally when authorized by law. For information call, The Maricopa County Sheriff’s Department, District 7 at (480) 837-2047.

Alcohol Testing Methods: Breath and/or Blood.
Book or Cite and Release: Cite and release although may be booked into the 4th Avenue Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available.

Court
Court Organization:  1 division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court:
Telephonic Changes of Plea:
Probation:
Victim Impact Panels (MADD VIP):
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews:
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I):
Home Detention and Continuous Alcohol Monitoring (CAM): Yes, Home Detention and Continuous Alcohol Monitoring. 54
Jail: Completed Health Form needed for Work Release.  See my post about Maricopa County Jail Costs.

Prosecutor: Fountain Hills Town Prosecutor
Plea Policies:
Reckless Driving Plea Offers:

Gilbert Municipal Court

Police Departments and Practices
Primary Police Department: The Gilbert Police Department although Chandler, Gilbert, and Mesa have an intergovernmental agreement under which officers from each jurisdiction may patrol in the other jurisdiction.
Vehicle Impoundment: Yes always when authorized by law. Gilbert Police Department Release Procedures can be found at this web site:

Alcohol Testing Methods: Blood only. The samples are then tested by the Mesa Crime Lab.
Book or Cite and Release: Cite and release.
Service of Admin Per Se Suspension Order at Time of Release: Can be both served and not served at the time the arrested person is released.

Court
Court Organization: 4 trial divisions. Cases stay in the same division throughout the case and post-sentencing for such things as a violation of probation proceedings.
Required Appearance of Defendants Represented by Private Attorneys: Yes and no and the policy requiring appearances can be somewhat arbitrarily enforced.
Veterans’ Court: Yes.
Telephonic Changes of Plea: Yes.
Probation: Yes on all cases. Usually 5 years of probation, with jail if probation is not successfully completed. For example, on a first Regular DUI, the sentence is usually 5 years of probation with 179 days in jail to be suspended if the defendant successfully completes the sentence of probation. Special conditions of probation not to consume any alcohol or controlled substances without a valid prescription. Probation may or may not terminate upon completion of the other terms of the sentence. Probation is taken very seriously in Gilbert and the Gilbert Town Prosecutor is quick to file a violation of probation petitions for just about any violation, such as not paying the fines on time. For the first violation of probation proceeding the usual sentence is 24 hours in jail or 24 hours of community service.
Victim Impact Panels (MADD VIP): Yes.
Substance Abuse Counseling: The preferred screening service is Gilbert Youth and Adult Resources (GYAR).  Can do counseling with any agency approved by the Arizona Department of Health Services (DHS) however notwithstanding those DHS regulations authorizing online DUI Education55, GYAR will not accept.  May also require periodic urine testing with TASC, particularly with DUI Drug cases.

Sentence Reviews: Yes and defendants generally have to appear.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I); Yes. At review hearings, defendants are required to first show proof of the installation of an interlock and then to periodically provide monthly maintenance records.

Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention only.
56 Program Provider is Sentinel Offender Services.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release. 57 See my post about Maricopa County Jail Costs.

Prosecutor: Gilbert Town Prosecutor.
Plea Policies: Policy is to revoke if set to trial although there have been cases where the offer was not revoked. For .15& Extreme often offer a Regular DUI with more jail than the minimum for a Regular DUI.
Reckless Driving Plea Offers: Yes.

Glendale Municipal Court

Police Departments and Practices
Primary Police Department: The Glendale Police Department.
Vehicle Impoundment: Yes almost always when authorized by law. Glendale Police Department Release Procedures can be found at this web site: Glendale Impoundment Release

Alcohol Testing Methods: Breath and Blood. For alcohol only cases it can be breath and/or blood. Blood testing is done by the crime lab at the Arizona Department of Public Safety.
Book or Cite and Release: Cite and release. Occasionally someone will be booked into the Glendale City Jail.
Service of Admin Per Se Suspension Order at Time of Release: If breath test results are available will be served before an arrested person is released. If not breath test results and only blood tests may be served even though no test results are available.

Court
Court Organization: The court has two divisions.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: No.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered. May be ordered if restitution is to be paid or the defendant has prior convictions.
Victim Impact Panels (MADD VIP): Maybe ordered.
Substance Abuse Counseling: Preferred provided is Community Support Services (C.S.S.) however with court permission can do counseling with any agency approved by the Arizona Department of Health Services
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): No.
Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention with C.S.S.58
Jail: Short sentences of 1 or 2 days may be served in the Glendale City Jail as long as the defendant does not have health problems otherwise sentences are served in the Maricopa County Jail. Completed Health Form needed for Work Release.59 See my post about Maricopa County Jail Costs.

Prosecutor: Glendale City Prosecutor.
Plea Policies: Plea offers are kept open to the Calendar Call date.
Reckless Driving Plea Offers: Yes.

Goodyear Municipal Court

Police Departments and Practices
Primary Police Department: The Goodyear Police Department.
Vehicle Impoundment: Yes almost always when authorized by law. Goodyear Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: Routinely both Blood and Breath.
Book or Cite and Release: Cite and release.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if there are breath test results.

Court
Court Organization:
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: No.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered.
Victim Impact Panels (MADD VIP): Not routinely ordered.
Substance Abuse Counseling: Court contacts with Estrella Counseling Services and Western Judicial Services to provide screening and counseling. Both agencies can be difficult to work with. Can use another Arizona Department of Health Services provider with the court’s permission with Estrella and Western Judicial monitoring the counseling results. Both Estrella and Western Judicial often claim they have not received progress reports faxed multiple times from other agencies and can be quite difficult about it.
Sentence Reviews: Court does not generally set sentence reviews but rather issues orders to show cause if a defendant does not complete a sentencing requirement in time.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. The court does not routinely order sentence reviews to provide proof of the installation of a required interlock device and then at a second review hearing set 12 months later proof that they have had the interlock on for the required 12 months. Although this could change.
Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention. 60 One difference with other court’s home detention programs is the court sets the days and hours of release for work whereas most other courts leave that determination to home detention provider.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release. See my post about Maricopa County Jail Costs. Court often orders the payment of jail costs in excess of what the Maricopa County Jail charges the court, particularly on second offenses and so attorneys should make sure the court has ordered the correct amount.

Prosecutor: Goodyear City Prosecutor.
Plea Policies: Plea offers are not revoked if the case is set to trial. The blood samples are sent to the Department of Public Safety for testing and the results are often not available at the first pretrial conference. An offer is made based on the breath test results and if the blood test results come back higher than the breath test results the prosecutor may revoke the earlier offer based on the breath test results.
Reckless Driving Plea Offers: Yes.

Maricopa County Justice Courts

Police Departments and Practices
Primary Police Departments: The two primary police departments are the Arizona Department of Public Safety (DPS) and the Maricopa County Sheriff’s Department (MCSO). Other police departments and agencies include the Gila River Police Department (Gila River) and the Salt River Police Department (Salt River) Arizona Fish and Game Department and the State of Arizona Department of Liquor. Also included are cases investigated by a municipal police department outside the boundaries of their municipality, for example, an El Mirage Police Officer investigating a case in Glendale. Police Agencies often conduct joint concentrated DUI enforcement programs around holidays and during these programs often municipal police officers make stops and arrests outside their own municipality.
Vehicle Impoundment: For DPS, MSCO, Gila River and Salt River usually when authorized by law.

Alcohol Testing Methods: For DPS and MCSO can be Breath or Blood only or both. Gila River and Salt River Police usually breath only unless the defendant refuses to submit to breath testing.
Book or Cite and Release: Cite and release except occasionally DPS will book the defendant into the 4th Avenue Jail under circumstances which other police departments would cite and release.
Service of Admin Per Se Suspension Order at Time of Release: For all police departments, with Breath Testing, served before the arrested person is released. With blood testing DPS, MCSO and Gila River and Salt River generally do not serve the Admin Per Se at the time of release.

Court
Maricopa County Justice Courts Organization: There are 26 Maricopa County Justice Courts. Each court has 1 division in which an elected Justice of Peace presides. Justices of the Peace do not have to be lawyers and a majority of the Justices are not. If a defendant timely files a Notice of Change of Judge the case is transferred to another Justice Court.
Some Justices do not preside over hearings for contested motions or jury trials in their court. If the Justice does not preside over a motion hearing or jury trial the court hires a Judge Pro Tem to be the judge. Judges Pro Tem are also not required to be lawyers. When filing a change of judge for a particular Justice of the Peace a defendant has to be careful because if they file a change of judge they cannot file another change of judge as of right later if they end up at motion hearing or trial with a Pro Tem judge they do not want.
Each Justice Court is a separate court and so practices in the individual courts are determined by that court’s elected Justice of the Peace. As a consequence, practices in the justice courts are not uniform and can vary by court.
The 26 Maricopa County Justice Courts are: Agua Fria, Arcadia Biltmore, Arrowhead, Country Meadows, Desert Ridge, Downtown, Dreamy Draw, East Mesa, Encanto, Hassayampa, Highland, Ironwood, Kyrene, Manistee, Maryvale, McDowell Mountain, Moon Valley, North Mesa, North Valley, San Marcos, San Tan, South Mountain, University Lakes, West McDowell, West Mesa, and White Tank.
Required Appearance of Defendants Represented by Private Attorneys: For the most part, no.
Veterans’ Court: No
Telephonic Changes of Plea: Yes.
Probation: Always ordered however probation may be ordered to terminate by operation of law once the defendant has completed the other terms of the sentence.
Victim Impact Panels (MADD VIP): Depends on the court.
Substance Abuse Counseling: Some courts have preferred screening and counseling agencies however, for the most part, a defendant can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: Varies by court and defendants may have to either appear at scheduled hearings or bring required documents to the court prior to the scheduled hearing. Most  Maricopa County Justice Courts do not accept faxes, notwithstanding the fact they list their fax numbers online.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. Some courts do not require the defendant to provide any proof installation and maintenance of an interlock and others require the defendant to periodically bring interlock maintenance records to the court.
Home Detention and Continuous Alcohol Monitoring (CAM):  Yes, home detention.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release. See my post about Maricopa County Jail Costs.

Prosecutor: Maricopa County Attorney.  The Maricopa County Attorney’s office is one of the largest in the United States.  The County Attorney’s office assigns newer deputy county attorneys to the justice court and then promotes the deputies to a felony bureau when there is an opening there.  As a consequence, the deputy county attorneys assigned to the justice courts change frequently.  Although the deputy county attorneys in the justice courts are supervised by a more senior deputy county attorneys, the changes of the deputies assigned to the justice courts can affect the consistency of County Attorney’s practices and policies in the justice courts.  For example, one deputy might make a plea offer which another deputy would not.
Plea Policies: Plea offers are not revoked if the case is set to trial unless the assigned deputy county attorney says they will revoke the offer.
Reckless Driving Plea Offers: Yes, although the criteria for making a Reckless Driving plea offer is not always clear. I have gotten a Reckless Driving plea offer for a .16% Extreme case and been denied a request for a First Offense .083% case with no accident and nothing unusual about the case.

Mesa Municipal Court

Police Departments and Practices
Primary Police Department: The Mesa Police Department although Chandler, Gilbert, and Mesa have an intergovernmental agreement under which officers from each jurisdiction may patrol in the other jurisdiction.
Vehicle Impoundment: Yes always when authorized by law. Mesa Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: Blood only.
Book or Cite and Release: Cite and release.
Service of Admin Per Se Suspension Order at Time of Release: Generally, not served before the arrested person is released. The Police Department is supposed to forward test results when they become available to the MVD so that the MVD can initiate an Admin Per Se suspension proceeding. This, however, is not always done which is a problem for those defendants charged with a First Offense DUI and who wish to stipulate to the Admin Per Se suspension either to avoid having to post an SR-22 or because they want the suspension to start on a particular. Defense counsel has to then ask the arresting officer to send the results to the MVD however officers will not always send the results to the MVD upon a request from defense counsel that they do so.

Court
Court Organization: Currently 4 Trial divisions and cases stay in the same division through trial.
Required Appearance of Defendants Represented by Private Attorneys: No for most divisions, however, may have to appear for cases in Division 304.
Veterans’ Court: Yes.
Telephonic Changes of Plea: No.
Probation: Not routinely ordered.
Victim Impact Panels (MADD VIP): Not routinely ordered.
Substance Abuse Counseling: Court uses Community Health Services (C.H.C.) as the preferred screening and counseling provider. With the court’s approval can do counseling with any agency approved by the Arizona Department of Health Services with C.H.C. monitoring compliance with screening and counseling.
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. Generally, the defendant is required to install an interlock prior to sentencing and file a motion requesting the Alternative Sentencing. At review hearings, defendants are required to provide monthly maintenance records.
Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention and the program provider is C.H.C.
Jail: Beginning on July 1, 2017, Mesa entered into a three-year agreement to house sentenced defendants in a private jail in Florence.61 Defendants surrender at the Mesa Police Department Jail, located at 130 N Robson, Mesa and then are transported to the Florence Jail.  Those defendants who are doing work release are transported daily from Florence to the Mesa City Jail and released from custody there.  The jail costs for defendants is substantially less for the Florence Jail versus the Maricopa County Jail. See my post about Maricopa County Jail costs As of January 1, 2018, a defendant is permitted to bring the following when they surrender at the Mesa City jail to serve a sentence at the jail in Florence: limited clothing/personal items, necessary prescriptions in the original container, no money unless staying more than 10 days.  Most of the defendant’s property items would be transported but if not anything else will be inventoried and kept at the Mesa City Jail and returned to the defendant upon release from custody.  As a rule, the less taken the better; dress in layers which you can remove if you get warm, and if you bring a sweatshirt, make sure it does not have drawstrings; don’t wear open-toed shoes. Add your own experiences with Mesa City Defendants Serving a Jail Sentence in Florence.

Prosecutor: Mesa City Prosecutor
Plea Policies: Plea offers are not revoked if the case is set to trial. The Mesa City Prosecutor in the past has not sent cases which are possible felonies to the Maricopa County Attorney’s office. If the defendant has a DUI case which is a possible felony they should seek to resolve it quickly as a misdemeanor because the Mesa City Prosecutor can send a possible felony case at any time to the County Attorney’s office.
Reckless Driving Plea Offers: Yes although very rarely.

Peoria Municipal Court

Police Departments and Practices
Primary Police Department: The Peoria Police Department.
Vehicle Impoundment: Yes almost always when authorized by law. Peoria Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: Can either breath or blood or both breath and blood.
Book or Cite and Release: General practice is to cite and release.
Service of Admin Per Se Suspension Order at Time of Release: Served with breath testing or Breath and Blood but not with Blood only. When test results are available the Peoria Police Department sends them to the MVD who in turn mails a proposed suspension order to the defendant.
Court
Court Organization: One division. Jury trials are usually conducted with one of several pro tem judges.  The court adds a 5% service surcharge on all payments made to the court by a credit or debit card.  The only way to avoid the service surcharge is to pay in person with either cash or money order.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: No.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered. May be ordered if restitution is to be paid.
Victim Impact Panels (MADD VIP): Not ordered as a routine matter.
Substance Abuse Counseling: Court contacts with Estrella Counseling Services and Western Judicial Services to provide screening and counseling. Both agencies can be difficult to work with. Can use another Arizona Department of Health Services provider with the court’s permission with Estrella and Western Judicial monitoring the counseling results. Both Estrella and Western Judicial often claim they have not received progress reports faxed multiple times from other agencies and can be quite difficult about it.
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. At review hearings, defendants are required to first show proof of the installation of a required interlock device and then at a second review hearing set 12 months later proof that they have had the interlock on for the required 12 months. Defendants are not required to provide monthly maintenance records.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes, Home Detention. Peoria is unique in that the defendant must do 2 days on home detention to receive 1-day credit for home detention.  62
Jail: Maricopa County Jail. Completed Health Form needed for Work Release.63 See my post about Maricopa County Jail Costs.

Prosecutor: Peoria City Prosecutor
Plea Policies: With blood test results only the prosecutor will often make a plea offer based on a PBT test result. Defendants have to be careful because PBT test results can be inaccurate and if the defendant does not take the first offer based on the PBT and the blood test results come back higher the prosecutor will revoke the initial offer. For example, if the PBT is .135% and the offer of pleading to a regular DUI, if the blood later comes back at .170& the prosecutor will revoke that offer and only offer a plea to the Extreme.
Reckless Driving Plea Offers: Yes.

Phoenix Municipal Court

Police Departments and Practices
Primary Police Department: The Phoenix Police Department.
Vehicle Impoundment: Yes always when authorized by law. Phoenix Police Department Release Procedures can be found at this web site: Phoenix Impoundment Release

Alcohol Testing Methods: Blood only and Breath only when police or medical personnel are unable to complete a blood draw.
Book or Cite and Release: Cite and release except out of state residents are booked into the 4th Avenue Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released even though no test results are available.

Court
Court Organization: Approximately 15 trial divisions, the case is first sent to trial division and if later set to trial is reassigned to Division 601 which in turn assigns cases to then available trial division. Trial divisions are organized by number into two groups, Even (Divisions 504, 506, 603,606, 704, 706 & 708) and Odd (Divisions 503, 505, 507, 603, 605, 703, 705 and 707). Groups rotate so one-week even-numbered divisions are doing jury trials and odd-numbered are doing non-jury trials and pretrial conferences. The following week the odd-numbered do jury trials and the even non-jury and pretrial conferences.  The court does not charge a service fee for payment of fines by credit or debit card or online.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: Yes.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered. May be ordered if restitution is to be paid or the defendant has prior convictions.
Victim Impact Panels (MADD VIP): Yes
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. At sentence review hearings defendants are required to first provide proof of the installation of a required interlock device and then at a second review hearing set 12 months later that the defendants have to provide proof that they have had the interlock on for the required 12 months. Defendants are not required to provide monthly maintenance records.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes both Home Detention and Continuous Alcohol Monitoring.64  Program Provider is Sentinel Offender Services.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release.65 See my post about Maricopa County Jail Costs.

Prosecutor: Phoenix City Prosecutor
Plea Policies: Plea offers are revoked if the case is set to trial.
Reckless Driving Plea Offers: No.

Scottsdale Municipal Court

Police Departments and Practices
Primary Police Department: The Scottsdale Police Department.
Vehicle Impoundment: Yes always when authorized by law. Scottsdale Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: Breath and Blood.  Initially, the blood is not tested.
Book or Cite and Release: Cite and release.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available.

Court
Court Organization:  4 trial divisions. Cases stay in the same division through trial unless a change of judge is filed.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: Yes.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered.
Victim Impact Panels (MADD VIP): Yes.
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services although the procedure has changed In Fall, 2017 to generally require screening through Scottsdale Human Services Behavioral Health.
Sentence Reviews: No. If the defendant fails to complete a sentence requirement on time the court issues an Order to Show cause.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. Depending on the court division, the defendant may have to provide proof of installation of an interlock prior to sentencing or in other divisions, within 2 weeks of sentencing. Thereafter defendants are required to provide quarterly interlock maintenance records to the court and if they fail to do so the court issues an Order to Show Cause.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes both Home Detention and Continuous Alcohol Monitoring however unlike Phoenix’s Continuous Alcohol Monitoring program the release conditions are restrictive as for Home Detention.66  Sentinel is the program provider is.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release. See my post about Maricopa County Jail Costs.

Prosecutor: Scottsdale City Prosecutor
Plea Policies: Prosecutor’s plea policy is Plea offers are revoked if the case is set to trial although the policy is not always followed. If there are breath test results the Police Department does not test the blood samples unless the case is set to trial. If the blood test results come back higher than the breath test results the prosecutor may revoke an offer made based on lower breath test results. The prosecutor’s office also has added Reckless Driving charges if cases are set to trial. The effect of adding a Reckless Driving charge is if the case is guilty of DUI and Reckless Driving the defendant will receive a longer points suspension than if only convicted of DUI.
Reckless Driving Plea Offers: Yes.

Surprise Municipal Court

Police Departments and Practices
Primary Police Department: The Surprise Police Department.
Vehicle Impoundment: Yes almost always when authorized by law. Surprise Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: Breath and possibly Blood.
Book or Cite and Release: Cite and release except out of state residents may be booked into the 4th Avenue Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released.

Court
Court Organization: 1 division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: No.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered.
Victim Impact Panels (MADD VIP): Yes.
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. At review hearings, defendants are required to first show proof of the installation of a required interlock device and then at a subsequent hearing, defendants are required to provide periodic interlock maintenance records.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes, Home Detention.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release. See my post about Maricopa County Jail Costs.

Prosecutor: Surprise City Prosecutor.
Plea Policies: Plea offers are not revoked if the case is set to trial.
Reckless Driving Plea Offers: Yes.

Tempe Municipal Court

Police Departments and Practices
Primary Police Department: The Tempe Police Department.
Vehicle Impoundment: Yes almost always when authorized by law. Tempe Police Department Release Procedures can be found at this web site: Impoundment Release.

Alcohol Testing Methods: It varies. It can be breath or blood only or breath and blood.
Book or Cite and Release: Cite and release except out of state residents can be booked into the Tempe City Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available.

Court
Court Organization: 3 trial divisions. Cases stay in the same division through trial.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: Yes.
Telephonic Changes of Plea: Yes.
Probation: Not routinely ordered except for Alternative Sentencing for Extreme charges.
Victim Impact Panels (MADD VIP): Not routinely ordered.
Substance Abuse Counseling: Screening monitored by Tempe Social Services which will accept screening done by an approved agency. Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: No. Court issues an Order to Show Cause if the defendant fails to comply with a sentencing requirement.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes.
Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention administered by Tempe Human Services.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release.  See my post about Maricopa County Jail Costs.

For a jail sentence of 1 day, the defendant may serve the sentence in the Tempe City Jail as long as they do not have any significant health problems.

Prosecutor: Tempe City Prosecutor
Plea Policies: Plea offers are not revoked if the case is set to trial. The prosecutor does not agree to the Alternative Sentencing for Extreme DUIs.
Reckless Driving Plea Offers: Yes and in the past, have had a cut off of .094% for making a Reckless Driving Offer.

Tolleson Municipal Court

Police Departments and Practices
Primary Police Department: The Tolleson Police Department.
Vehicle Impoundment: Generally when authorized by law. For information call the Tolleson Police Department at 623-936-7186.

Alcohol Testing Methods: Breath and/ or Blood.
Book or Cite and Release: Can be either cite and release or book into the 4th Avenue Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released with breath testing.

Court
Court Organization: 1 division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court:
Telephonic Changes of Plea:
Probation:
Victim Impact Panels (MADD VIP):
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): No.
Home Detention and Continuous Alcohol Monitoring (CAM):  No.
Jail: Maricopa County Jail. Completed Health Form needed for Work Release. See my post about Maricopa County Jail costs.

Prosecutor: Tolleson City Prosecutor
Plea Policies: The Tolleson City Prosecutor makes his best offer at the arraignment or the first pretrial conference, particularly on the Extreme DUI charges, and then if the defendant does not accept the offer, the offers include more jail time at each subsequent pretrial conference. On Extreme DUIs the initial offers are to plead to a lesser charge, usually a Regular DUI. If the plea offer is to a lesser charge then the fines in the agreement are for the original charge. For example, if the charge is a .15% Extreme and the offer is to plead to a Regular DUI the fines in the agreement are those for the Extreme charge.
Reckless Driving Plea Offers: Yes.

Navajo County

Navajo County Justice Courts

The Navajo County Justice Courts have jurisdiction over criminal and civil offenses committed in violation of both Arizona state law and the Navajo County Code committed within their Precinct boundaries.

Police Departments and Practices
Primary Police Department: Arizona Department of Public Safety Highway Patrol Division, District 3 (DPS), Holbrook Police Department (HPD), Navajo County Sheriff’s Department (NCSO), Pinetop-Lakeside Police Department (PLPD) and Show Low Police Department (SLPD).
Vehicle Impoundment: Yes generally when authorized by law. Release Procedures: DPS, call (928) 524-6177,  HPD, call 928-524-3992,  NCSO call (928) 524-4050,  PLPD, call  (928) 368-8800, and click on this link for  SLPD.

Alcohol Testing Methods: All agencies use Breath and/ or Blood testing.
Book or Cite and Release: Cite and release although it can be booked into the Navajo County Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released from custody if breath test results are available.

Court
Court Organization: 6 Justice Courts with 1 division in each court. The courts are Holbrook, Kayenta, Pinetop- Lakeside, Show Low, Snowflake and Winslow.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court:
Telephonic Changes of Plea: Yes.
Probation:
Victim Impact Panels (MADD VIP):
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: Yes and defendants have to either appear or fax required documents.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Rarely an issue because of plea offers the Navajo County Attorney makes on First Offense Extreme charges.
Home Detention and Continuous Alcohol Monitoring (CAM):
Jail: Navajo County Jail. In the past, work release has been limited by the Jail to the 5 weekdays and not 6 days a week as otherwise authorized by statute.67

Prosecutor: Navajo County Attorney.
Plea Policies: For First offense, .15% and .20% Extreme charges the County Attorney has made offers of Regular DUI with 1 day in jail. For Second Offense Extreme DUIs the offers have been to Second Offense Regular DUI with substantially less jail time than would have bee imposed if guilty of either a .15% or .20% Extreme DUI.
Reckless Driving Plea Offers:  Yes.

Holbrook City Magistrate’s Court

Navajo County and the City of Holbrook have an intergovernmental agreement authorized under Arizona law 68which grants the  Holbrook Justice Court jurisdiction over criminal and civil offenses committed within the Holbrook City Boundaries in violation of Arizona state law.   These offenses include DUIs. The Holbrook City Magistrate’s Court has jurisdiction over criminal and civil offenses committed in violation of the Holbrook City Code.

Pinetop-Lakeside Town Magistrate’s Court

Navajo County and the Town of Pinetop-Lakeside have an intergovernmental agreement authorized under Arizona law69 which grants the  Pinetop-Lakeside Justice Court jurisdiction over criminal and civil offenses committed within the Pinetop-Lakeside Town Boundaries in violation of Arizona state law.   These offenses include DUIs. The Pinetop-Lakeside Magistrate’s Court has jurisdiction over criminal and civil offenses committed in violation of the Pinetop-Lakeside Town Code.

Show Low City  Magistrate’s Court

Navajo County and the City of Show Low have an intergovernmental agreement authorized under Arizona law70 which grants the Show Low Justice Court jurisdiction over criminal and civil offenses committed within the Show Low City Boundaries in violation of Arizona state law.   These offenses include DUIs. The Show Low City Magistrate’s Court has jurisdiction over criminal and civil offenses committed in violation of the Show Low City Code.

Winslow City Magistrate’s Court

Navajo County and the City of Show Low have an intergovernmental agreement authorized under Arizona law71 which grants the Winslow Justice Court jurisdiction over criminal and civil offenses committed within the Windslow City Boundaries in violation of Arizona state law.   These offenses include DUIs. The Winslow City Magistrate’s Court has jurisdiction over criminal and civil offenses committed in violation of the Winslow City Code.

Pinal County

Apache Junction Municipal Court

Police Departments and Practices
Primary Police Department: The Apache Junction Police Department.
Vehicle Impoundment: Generally when authorized by law. For release information call the Apache Junction Police Department at (480) 982-8260.

Alcohol Testing Methods: Breath and/ or Blood.  Blood samples are tested by the Arizona Department of Public Safety Crime Lab.
Book or Cite and Release: Cite and release except can book into the Pinal County Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available.

Court
Court Organization: 1 division.  There is a .02.39% convenience fee assessed on all fines and fees paid to the court with a debit or credit card.
Required Appearance of Defendants Represented by Private Attorneys: May be required. Defendants should appear if they are able to.
Veterans’ CourtNo.
Telephonic Changes of Plea:
Probation: Yes.
Victim Impact Panels (MADD VIP):
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews:
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I) Yes.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes. As of April 4, 2018, the court uses SCRAM of Arizona as the provider.  To set up the program a representative of SCRAM meets defendants on specified days at the courthouse.
Jail: Pinal County Jail.

Prosecutor: Apache Junction City Prosecutor
Plea Policies:
Reckless Driving Plea Offers: Yes.

Casa Grande Municipal Court

Police Departments and Practices
Primary Police Department: The Casa Grande Police Department.
Vehicle Impoundment: Usually when authorized by law. For more information call the Casa Grande Police Department at (520) 421-8700.

Alcohol Testing Methods: Breath and/ or Blood.  Blood samples are tested by the Arizona Department of Public Safety Crime Lab.
Book or Cite and Release: Cite and release except can book into the Pinal County Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available.

Court
Court Organization: 1 division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court:
Telephonic Changes of Plea: Yes.
Probation:
Victim Impact Panels (MADD VIP):
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews:  Yes.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. Although this may change, as of April 4, 2018, the court was requiring defendants to have the interlock on a vehicle for a total of 24 months and not 12 months to get the alternative sentencing for the .15% and .205 Extreme charges.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes, Home Detention and Continuous Alcohol Monitoring.72
Jail: Pinal County Jail.

Prosecutor: Casa Grande City Prosecutor
Plea Policies: Plea offers are not revoked if the case is set to trial.  For an Extreme DUI may condition plea offer on maintaining a Certified Ignition Interlock for 12 months beyond what the statutory licensing requirements are as authorized by 28 A.R.S. § 1382.D.5.
Reckless Driving Plea Offers: Yes.

Maricopa Municipal Court

Police Departments and Practices
Primary Police Department: The Maricopa Police Department.
Vehicle Impoundment: Yes always when authorized by law. Maricopa Police Department Release Procedures can be found here: Impoundment Release.

Alcohol Testing Methods: Can be Breath or Blood or both.  Blood samples are tested by the Arizona Department of Public Safety Crime Lab.
Book or Cite and Release: Cite and release although can book into the Pinal County Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available.

Court
Court Organization:  1 division.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court:
Telephonic Changes of Plea: Yes.

Probation: May be ordered.
Victim Impact Panels (MADD VIP): Yes.
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: No, however an Order to Show Cause will be issued if the defendant fails to complete sentence requirements by specified dates.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes both Home Detention and Continuous Alcohol Monitoring.  The court determines the days and hours for work release.
Jail: Pinal County Jail.

Prosecutor: Maricopa City Prosecutor
Plea Policies: Plea offers are not revoked if the case is set to trial.
Reckless Driving Plea Offers: Yes.

Pinal County Justice Courts

Police Departments and Practices
Primary Police Department: The Pinal County Sheriff’s Department and the Arizona Department of Public Safety.
Vehicle Impoundment: Yes generally when authorized by law. Pinal County Sheriff’s Department Release Procedures can be found at this web site: Impoundment Release and the Arizona Department of Public Safety at Impoundment Release.

Alcohol Testing Methods: Breath and/ or Blood. Blood samples are tested by the Arizona Department of Public Safety Crime Lab.
Book or Cite and Release: Can be either cite and release or booked into the Pinal County Jail.
Service of Admin Per Se Suspension Order at Time of Release: Served before the arrested person is released if breath test results are available. If blood testing then no Admin Per Se is served and the results are forwarded to the MVD when they become available.

Court
Court Organization: Each of the following justice courts has 1 division: Apache Junction, Casa Grande, Eloy, Florence/Coolidge, Mammoth/San Manuel, Oracle, Superior/Kearny, and Maricopa/Stanfield.
Required Appearance of Defendants Represented by Private Attorneys: No.
Veterans’ Court: No.
Telephonic Changes of Plea: Yes.
Probation: Yes to ensure compliance with the terms of the sentence.
Victim Impact Panels (MADD VIP): Yes.
Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services.
Sentence Reviews: No. Orders to Show Cause are set if a defendant fails to comply with a sentencing requirement.
Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes.
Home Detention and Continuous Alcohol Monitoring (CAM): Yes, Home Detention.
Jail: Pinal County Jail.

Prosecutor: Pinal County Attorney.
Plea Policies: Plea offers are not revoked if the case is set to trial unless the individual deputy county attorney states that.
Reckless Driving Plea Offers: Yes.

Footnotes

  1. 28 A.R.S. § 1381.A,1, 2 & 3
  2. 28 A.R.S. § 1382.A.1
  3. 28 A.R.S. § 1382.A.2
  4. 28 A.R.S. § 1381.A, 2 & 3
  5. 28 A.R.S. § 1382.A.1
  6. 28 A.R.S. § 1382.A.2
  7. 13 A.R.S. § 603
  8. 2018 Arizona Session Laws, Chap. 113
  9. 28 A.R.S. § 1385.G
  10. 28 A.R.S. § 1385.G
  11. 28 A.R.S. § 1321.P
  12. 28 A.R.S. § 1402.A
  13. 28 A.R.S. § 1387.E
  14. 28 A.R.S. § 1387.E
  15. 28 A.R.S. § 1383.K
  16. 28 A.R.S. § 1402.A
  17. 28 A.R.S. § 1381.O
  18. 28 AR.S. § 1382.H
  19. 28 A.R.S. § 1402.A
  20. 17 A.A.C. § 4-404, See pages 17-18
  21. 28 A.R.S. § 3306.H
  22. 4 A.R.S. § 244.34
  23. 28 A.R.S. § 3322
  24. 28 A.R.S. § 3312
  25. 28 A.R.S. § 3306.A.7
  26. 28 A.R.S. § 1464
  27. Fingerprint Clearance Card Information
  28. 23 A.R.S. § 619.01
  29. 13 A.R.S. § 904
  30. 41 A.R.S. § 2814
  31. 41 A.R.S. § 1967.01
  32. 25 A.R.S. § 403.04
  33. 28 A.R.S. § 3478
  34. Admission Into Canada
  35. Trusted Traveler Program
  36. Maricopa County Community College Nursing Program Background Check
  37. 23 A.R.S. § 1031.A
  38. A.T.F. Explosives Law & Regulations
  39. A.B.A. National Inventory of Collateral Consequences of a Criminal Conviction
  40. 13 A.R.S. § 1204
  41. 13 A.R.S. § 1602
  42. 28 A.R.S. § 1383.A.3
  43. 28 A.R.S. § 622.01
  44. 28 A.R.S. § 1383
  45. 28 A.R.S. § 3511
  46. Police Body Camera Video, N.Y. Times, 4/1/16
  47. 28 A.R.S. § 1385
  48. 28 A.R.S. § 1382.I
  49. 28 A.R.S. § 1444
  50. 28 A.R.S. § 693
  51. Buckeye City Code, Article 5-5
  52. Maricopa County Jail Health Form
  53. El Mirage City Code, Title III,  §§ 33.50- 33.56
  54. Fountain Hills Town Code Article 5-7
  55. 9 A.A.C. 20-109.C.1 (See page7)
  56. Town of Gilbert Code of Ordinances, Chapter II, § 22-38
  57. Maricopa County Jail Health Form
  58. Glendale City Council Resolution 3808(12/14/04)
  59. Maricopa County Jail Health Form
  60. Goodyear City Council Resolution 17-1797, See Minutes[
  61. Florence Private Jail for Mesa City Court defendants
  62. Peoria Code of Ordinances, Sections 13-104 to 13-109
  63. Maricopa County Jail Health Form
  64. Phoenix City Code 2-100
  65. Maricopa County Jail Health Form
  66. Revised Code of Scottsdale, Sec. 9-16
  67. 28 A.R.S. § 1387
  68. 11 A.R.S. § 952.J
  69. 11 A.R.S. § 952.J
  70. 11 A.R.S. § 952.J
  71. 11 A.R.S. § 952.J
  72. Casa Grande City Code, Section 2.24.200