Drunk Driving DUI Law

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.

This is absolutely absurd! It’s like they’re saying, ” We’re lessening the penalties, but assuring we get your money.” Sure, the law leaves it up to a judge to grant a jury-trial, but this, in my opinion, shouldn’t even be up for debate. And if this law does pass, which it seems like it will, where will this end? Comments and opinions welcome below!

If you’ve been accused of DUI in Arizona, you should promptly contact an Arizona DUI attorney to discuss your legal options.

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