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A police officer gave me a felony dui ticket when i was driving my car with my 2 kids and 2 misdimeaner . am i facing jail or pr
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4 months ago a police officer gave a felony dui ticket when i was driving with my 2 kids .and 2 child abuse misdimeaner . i had a prescrption drug . am i facing jail or prison time ? what 's the difference ? do you think it will be easy for a loyer to win community service instead of jail time ? specially if i have a clean record ?
Arizona law requires the appointment of a defense lawyer, if you cannot afford one, when you might be facing jail time. If you can afford a lawyer, one is not appointed. For DUI, jail time is mandatory. Prosecutors rarely dismiss a DUI case. If you had a prescription, you may have a defense. If you do not have an attorney, you should contact one as soon as possible.
Legal Disclaimer: I am not your attorney. The only method of establishing an attorney--client relationship with me is by a paying an advance fee deposit and fee agreement signed by me, which is not offered via this site. The information given is not legal advice and is for general information only. My answer is limited to the facts presented and may not be complete or applicable to your situation. My answer is given upon the condition that you will contact an attorney licensed in your state to receive legal advice that applies to your particular situation.
Mr. Millet is on the right track.
Also, remember that in Arizona, a DUI can be "enhanced" if you have a child under the age of 15 in the car. I believe, off the top of my head, that it gets bumped up to a class 6 Felony Aggravated DUI. Usually, the sentences for DUI are jail (Joe's Tents) and not prison (Dept of Corrections).
Any lawyer SHOULD be able to get you a reduced sentence; however, community service may be just a part of it. Arizona requires you to spent X amount of days in jail, depending on the level of DUI.
For example, a first time DUI w/ BAC of .08 requries a range of 10-180 days in jail, with at least 10 days being consecutive. However your defense attorney should be able to get 9 of those 10 days suspended if you agree to counseling or alcohol awareness classes.
Also, the fines. Remember the fines. You will likely have to pay for court costs, fines, and other court fees.
I'm not too sure about the defense though. Prescription drugs are still an "intoxicant." Hence that whole thing about not operating heavy machinery after taking the drug.
