If you have been arrested for driving under the influence (DUI) charge in Arizona, you need to make intelligent and strategic decisions about your defense. All DUIs carry severe penalties under Arizona law, and regardless of the facts of your case, jail time is a genuine possibility.

Does this mean that you should seek probation for a DUI?

While probation is a possibility in Arizona DUI cases, probation is extremely strict under Arizona law. Whether your probation is supervised or unsupervised, you will need to meet numerous requirements, and you will need to be sure that you are not putting yourself at risk for another arrest. Probation violations also carry serious penalties, so while probation can help keep you out of jail (though a minimum amount of jail time is mandatory), it can also be risky.

Understanding What it Means to Be on Probation for A DUI in Arizona

Before discussing whether you should seek probation in your Arizona DUI case, we must first discuss what it means to be on probation in Arizona. Arizona law establishes three types of probation (unsupervised, supervised, and intensive), though only the first two are typically options in DUI cases.

Unsupervised Probation for an Arizona DUI

Unsupervised probation is generally an option in cases involving less-severe DUI offenses (i.e., “regular” DUIs with a blood alcohol concentration (BAC) of less than 0.14 percent). The “unsupervised” aspect means you will not have to report to a probation officer during your probationary period. However, you will still need to meet the strict requirements of probation, and you will need to self-report any violations—if the police don’t report them for you.

Some of the typical terms of unsupervised probation in Arizona DUI cases include:

  • Attending alcohol education or counseling
  • Not drinking alcohol or using drugs
  • Not driving on a suspended or revoked license
  • Paying all court-imposed fines and fees
  • Remaining employed
  • Staying out of trouble with the law (i.e., not getting arrested for DUI or any other offense)

While these are typical terms of unsupervised probation in Arizona, the judge presiding over your case can also choose to impose other terms. Whatever terms the judge imposes, you will need to comply strictly. As mentioned above, probation violations can have severe consequences above and beyond those of a DUI conviction.

Supervised Probation for an Arizona DUI

Supervised probation is similar to unsupervised probation, except you must report regularly to your probation officer. Supervised probation is typically ordered in cases involving more severe DUI offenses (i.e., “extreme” DUI or felony DUI). Supervised and unsupervised probation are usually similar, though judges may impose stricter terms in cases involving hazardous law violations.

Should You Seek Probation in Your Arizona DUI Case?

Considering this, should you seek probation in your Arizona DUI case? The short answer is, “It depends.” The long answer is that there are many factors to consider, and you need to ensure that you are making an informed decision based on the advice of an experienced Phoenix DUI lawyer with your best interests in mind.

For example, one crucial factor to consider is that probation for an Arizona DUI typically lasts between three and five years. This is a long time to be subject to restrictions and the potential consequences of a probation violation. As a result, while jail time, fines, and other penalties may seem less desirable in the short term, it is worth considering what makes the most sense in the long term based on your circumstances.

With that said, it isn’t always up to you. When you fight your DUI charge in court, there are no guarantees. If you are found guilty, the judge will impose a sentence that he or she believes is appropriate under the circumstances at hand, and this may or may not include imposing probation instead of a jail sentence beyond the mandatory minimum.

Avoiding Probation (and Jail Time) in an Arizona DUI Case

At this point, you may wonder how to entirely prevent probation (and jail time). Unfortunately, unlike many other states, Arizona does not have a DUI diversion program that allows eligible offenders to avoid fighting their DUI charges. As a result, if you are facing a DUI in Arizona, you have two primary options:

  • Fight Your DUI in Court – Your first option is to fight your DUI in court. While prosecutors can use various forms of evidence to prove DUI charges, there are also several potential DUI defenses available. When you hire an experienced Phoenix DUI lawyer to represent you, your lawyer will determine which defenses he or she can assert on your behalf, and if going to court is your best option, your lawyer will prepare to present these defenses to the judge or jury at trial.
  • Seek a Plea Bargain – Another option is to seek a plea bargain. While you shouldn’t accept a plea bargain if you can avoid consequences entirely, considering a plea bargain may be a good option if you are likely to face a DUI conviction in court. Typically, plea bargains in DUI cases involve pleading guilty to the lesser offense of a conforming reckless, also commonly called a “wet reckless.” However, conforming reckless convictions can also lead to probation (among other penalties) under Arizona law. This is yet another reason to make sure you have an experienced lawyer on your side.

Request a Free Consultation with a Phoenix DUI Lawyer at The Weingart Firm

If you are facing a DUI charge in Arizona and have questions about probation (or any other aspect of your case), we invite you to contact us for a free, no-obligation consultation. To speak with an experienced Phoenix DUI lawyer at The Weingart Firm in confidence as soon as possible, call 480-897-8737 or tell us how we can reach you online now.