New Arizona Law Removes Jury Trial Option for First-Time DUI Offenders

June 12, 2011

A recently approved Arizona bill -- that has not yet been signed into law -- will ease potential penalties facing those charged with driving under the influence of alcohol or drugs for the first time. Those lessened penalties come with a steep price tag, however. In exchange for reduced consequences, offenders lose the otherwise automatic option of choosing a jury to hear their case at trial instead of a judge. First-time DUI defendants would still have the right to request a jury trial, but instead of their request being granted, it would be decided upon by the trial court judge.

Other Changes to the Law

In addition to losing the automatic right to choose a jury trial rather than a bench trial, other changes are coming to Arizona DUI laws if this bill becomes law. For starters, judges would have the right to sentence a convicted offender to time already served in jail instead of the current minimum 24-hour mandate. The law would also lessen the amount of time that people convicted of DUI for the first time would be forced to maintain an ignition interlock system in their cars. Ignition interlock systems are used to ensure that drivers do not get behind the wheel while intoxicated. They require the driver to submit to a Breathalyzer-type test to check for alcohol before the vehicle will start.

Prosecutors and some lawmakers hail the changes, saying that requiring defendants to actively seek a jury trial -- thus lowering the number of jury trials that actually take place -- will save millions of taxpayer dollars every year. Defense attorneys are worried, however, that removing the jury trial element will prevent defendants from being able to really "have their day in court" before an impartial jury, instead forcing defendants to rely upon a jaded judge who may or may not actually be fair-minded.

If you or a loved one is facing a DUI charge, you need to mount an aggressive defense to protect yourself from hefty fines, jail time, license suspension and other consequences. Contact an experienced criminal defense attorney in your area to get started as soon as possible after an arrest.

Article provided by Beresky & Fish, P.C.
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