I WAS ARRESTED FOR A DWI AND I HAVE ONE PRIOR CONVICTION TEN YEARS AGO. MY PUBLIC DEFENDER SAYS THAT I’M GETTING 4.5
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I WAS ARRESTED FOR A DWI AND I HAVE ONE PRIOR CONVICTION TEN YEARS AGO. MY PUBLIC DEFENDER SAYS THAT I’M GETTING 4.5
Asked on May 18, 2009 under Criminal Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
By 4.5, I take that to mean 4.5 years of probation. This is consistent with Arizona law.
For a first offense (and this would be considered a first offense since the previous DUI was more than 5 years ago), you can be sentenced up to 4.5 of probation, along with other penalties.
If you're getting almost the maximum probation perhaps there were other aggravating factors. In determining sentence the court will look to see if there was you a child in the car under the age of 15, whether or not your blood alcohol level was over .15%, and if you were driving on a suspended or revoked license.
NOTE: The five year rule does not apply if your first DUI had the above aggravating factors; then the look back would for 10 years and this would be considered your second offense. This too would affect getting a harsher sentence; in your instance almost the maximum probation.
Without more details of your case I can't say for sure.
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