Page 8 July 2011 This month’s report from justice Steven Sarkis Arizona has long been thought of as one of the toughest states in the U.S. with regard to its laws for driving under the in fl uence, or DUI. For better or worse, this will change as a result of a new law that was passed by Gov. Brewer and goes into effect Dec. 31. Bear in mind, many of these changes apply only to those charged with a fi rst- time, non-extreme DUI. Those charged with a fi rst-time, non- extreme, DUI no longer will have a right to a jury trial. Judges now will have the discretion whether to grant a jury trial or alternatively to hear the case on their own. Repeat offenders and those charged with extreme DUI will retain the right to a jury trial. Other changes to the law include a reduction in the amount of time an individual must have the ignition interlock device inside his or her vehicle. This device prevents a vehicle from starting if one’s breath sample detects intoxication. Pursuant to the new law, the interlock requirement has been reduced from 12 months to 6 months. In accordance with the new law, justice court judges will have the ability to offer home detention monitored by the use of an electronic ankle bracelet. The new law also allows for some individuals charged with DUI to possess restricted driving permits to get to and from work or school. One of the fi nal changes made to the new law no longer mandates 24 hours of jail time for fi rst-offense, non-extreme DUIs, but instead changes the statutory language to read “one day” of jail time. This change provides judges with more latitude to assess each case on an individual basis. For instance, this modi fi cation will give judges, upon sentencing, the ability to retroactively give individuals credit for the time they served after the arrest instead of requiring an additional sentence of jail time. Although Arizona has long been known to have among the most severe DUI laws in the nation, this new law only lessens the penalty for non-extreme, fi rst-time offenders, and it does so only to a certain degree. Those charged with even this standard DUI will by no means be getting off easy. They will still have an ignition interlock device installed in their vehicle, will face jail time (whether before or after the violation), likely have a suspended/ restricted license and undoubtedly pay large fi nes and surcharges associated with the violation. Though no one is certain, when looking at the broader picture these changes to the law likely will make these non-extreme DUI cases easier to process, expedite the criminal justice system and save Arizona money by attempting to alleviate the high cost often associated with jury trials. Steven Sarkis is the justice of the peace for the Arcadia Biltmore Justice Court. arcadiadaily.com arcadiadaily.com Arizona’s emergency chest pain experts. We’re chest-pain certified. Ready 24/7 with full-service care. And no matter what the emergency, our wait times are short. So when you’re faced with chest pain or any emergency, trust the experts. 20th St. & Thomas Rd. | AZHeartHospital.com

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