DUI Penalties: Don't expect the max, but prepare for more than the minimum

In Arizona DUI cases, for years defendants have been able to depend on getting the minimum sentence under the law. The state has countered that expectation with its commercials, including the "expect the max" campaign.

The legal community is buzzing with talk of judges who have started giving more than the minimum. And not just a little more. For a list of minimum sentences, see Arizona DUI Penalties. The minimum calls for 1 day in jail for a first offense conviction. Some judges are now rumored to be handing out sentences upwards of 10 days in jail

As a practicing attorney, I used to be able to advice my clients and potential clients that, at worst, they might get the minimum. I used to be able to tell potential clients who were not sure if they wanted to spend money on a DUI lawyer that they could probably get the minimum if they went in themselves. I no longer feel comfortable with this advice in most cases (certain exceptions certainly apply).

When the new DUI laws in Arizona go into effect on 12/31/08, there will be a whole new set of increased penalties for those accused of drunk driving to deal with.