October 2012 Archives

Home Arrest and Detention for an Arizona DUI conviction

When someone is convicted for a DUI charge in Arizona, one of the most questions that people ask is "can I do home arrest?". It is an understandable question as most people would rather serve their sentence at home instead of the county jail.

The most important point in answering this particular question is in "which jurisdiction did the DUI conviction happen?". That is because a DUI defendant can only serve his or her sentence under home arrest if the particular jurisdiction has a home arrest program in place. For example, the city of Peoria and Phoenix both have a home arrest, or in legalese "home detention" program, but some other jurisdictions do not.

The statutory breakdown for the home detention if found in Arizona Revised Statute 11-251.15, which basically states any DUI defendant must serve at least 20 percent of the minimum required jail time in the county jail, but can serve the remainder of the sentence under home arrest.

For example, for an extreme DUI, in which the minimum sentence is 30 days in jail, 6 days would be served in county jail and the remainder of the sentence under home arrest or detention. To be eligible for home arrest, judges require at least one year installation of a certified ignition interlock device.

My own experience has been that every jurisdiction, and seemingly, each judge within particular jurisdictions, have their own formula for deciding home many days one must serve in county jail and how many days under home arrest. For example, in the City of Phoenix, for an extreme DUI, a DUI defendant will serve 6 days in the county jail and then 3 days under home arrest. In Peoria, however, DUI defendants will serve 2 days in county jail, and 14 days under home detention. For a super-extreme DUI, a Phoenix DUI defendant will serve 9 days in county jail and 5 days under home arrest, while in Peoria, it will be 3 days in county jail and 22 days under home detention.

Avondale Detective Adam Lewis Fired for Misconduct

An Avondale police detective, Adam Lewis, was recently fired by the Avondale Police Department, and the firing was upheld by AZ POST, the state agency that certifies police officers. According to Lindsey Reiser of KPHO channel 5 "see AZPOST: Former Avondale detective used coercion to search homes":

[AZ POST claims] in a four-month period, between July and November 2010, Adam Lewis violated policies in 10 criminal cases. They say he used coercion and asked suspects questions before he read them their Miranda rights. In one case they say Lewis threatened to take someone to jail for outstanding warrants unless they let him search a business and even promised to have a current charged dismissed. 

On camera I said: 

"When people interact with officers, they ought to know what their rights are or what their rights aren't," said defense attorney Vladimir Gagic, who is not associated with this case. He said it's important that officers follow the rules to maintain the integrity of our system.
"I think good police realize that doing things by the book is easier and more convenient than playing off the cuff," Gagic said.