An Extreme DUI at Encanto Justice Court would have produced 9 days in-custody jail, a 12-month IID, jail costs over $1,200, and a MADD victim impact panel. Future First restructured the sentence around the Home Detention Program with 2 consecutive in-custody days, 7 days on electronic monitoring, jail costs cut to $400, and no MADD.
At a glance
| Court | Encanto Justice Court |
| Original charges | Extreme DUI BAC .15 to .20 (ARS § 28-1382(A)(1)), Class 1 Misdemeanor; companion DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor |
| State’s posture | 30 days jail with 9 days to serve after IID install, 12-month IID, fines and statutory fund stack, jail incarceration costs at $442 first day and $95/day thereafter (~$1,202 jail costs), substance abuse screening, MVD 8-point assessment, MADD victim impact panel |
| Result | Companion count dismissed; sentence restructured around Home Detention Program: 2 consecutive in-custody days + 7 days electronic monitoring with continuous breath testing; 12-month IID; $493 fine plus three statutory DUI fund assessments; jail cost reimbursement reduced from $1,202 to $400; MADD panel removed from deal |
| Eligibility for set aside | Approximately 2023 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2026 under ARS § 13-911, three years after the one-year judge-ordered IID ends |
The stakes
The client faced an Extreme DUI charge in Phoenix after a freeway traffic stop in 2021 produced breath results in the 0.18 to 0.19 range. The State stacked a companion DUI count, demanded 9 days of actual jail time on top of mandatory 12-month interlock, and pushed for jail-cost reimbursement north of $1,200. The State also recommended a MADD victim impact panel.
What we did
Future First negotiated the companion count dismissed and the sentence restructured around the Home Detention Program. The client served 2 consecutive days in custody and finished the remaining 7 days on electronic monitoring with continuous breath testing.
The firm removed the MADD panel from the deal and negotiated jail-cost reimbursement down to $400 from the State’s original $1,202 ask. The client paid $493 in fines plus the three statutory DUI fund assessments and completed the 12-month IID requirement. The client may apply to set aside the conviction under ARS § 13-905 in 2023, and to seal the record under ARS § 13-911 in 2026, three years after the one-year judge-ordered IID ends.
What our clients say
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If you’re facing an Extreme DUI in Arizona
Maricopa County’s Home Detention Program is one of the most underused tools in misdemeanor DUI sentencing. The program substitutes electronic monitoring at the client’s residence for in-custody jail time on qualifying sentences. On an Extreme DUI floor of 9 actual days, defense work that secures Home Detention can cut the in-custody portion to 2 days or fewer while satisfying the statutory minimum.
Jail-cost reimbursement is the other practical lever. Arizona jails bill defendants for the actual cost of incarceration. The first day costs significantly more than subsequent days because of intake processing. Total jail cost on a 9-day Extreme DUI sentence can run $1,000 to $1,500. Negotiating jail-cost reimbursement down or eliminating MADD victim impact panel costs can save the client meaningful money on top of the sentence reduction itself.
Future First Criminal Law has handled Extreme DUI cases across Maricopa County and Arizona. We know how Encanto Justice Court and other justice courts handle Home Detention Program approvals and jail-cost negotiations.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Set aside and sealing in Arizona — how to clean up your record after a DUI conviction
Call us
Facing an Extreme DUI in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of Arizona DUI cases at every tier. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona DUI law, visit the Arizona State Legislature website.
