Home Arrest

Second time offenders may also be eligible for home arrest. There are several requirements that must be satisfied before a person may be accepted into this program. Begin working on satisfying those requirements well before the time of sentencing. The probation department's approval is necessary before the court will place someone in the home arrest program. The home arrest sentence will include forty-eight consecutive hours in jail, thirteen days on work release, and forty-five days of home detention. The person will be allowed to leave the home to work, attend school, or attend treatment.

Aggravated DUI - Class IV Felony

A person convicted of an aggravated drinking and driving offense is guilty of a class four felony. Either driving under the influence or driving with a blood alcohol content of .08 or more will be considered an aggravated offense if it is committed while the person's license is suspended, canceled, revoked, refused, or restricted, and the state can prove that the person knew the status of his or her driving privileges. Likewise, if a person is convicted and has been previously convicted of two prior drinking and driving offenses in Arizona, or in any other state where the law complies with Arizona law, with all of these offenses occurring within sixty months, the last conviction will result in an aggravated sentence. The dates of commission of the offenses are the dispositive dates in determining the sixty month period.