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A family member was charged for DUI in Oct. 2005 and never went to court. What is he looking at for jail time?

Phoenix, AZ |

this person got their extreme dui 3 years ago and didnt go to court and now has a warrent they believe. when they got the dui, they had no liscense, no insurance on the car, and had plates to a different car on there. this is their first offense i believe but they were to scared to go to court to take care of it. they cant afford a good lawyer and is not scared that they are gonna spend alot of time in jail. what is their best bet and what could be the penalties they will face?

Attorney Answers 2


What you should expect depends on your state’s laws, your prior criminal history if any and any enhancements that might be charged in your case. Only an attorney from your state can give you a ball park answer but no one can tell you at the outset what your maximum exposure is. Discuss it with an attorney from your state or if you can’t afford one then your court appointed public defender.

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You mentioned that this family member had "no license," presumably, at the time of the offense in 2005. Does this mean that he/she did not have a drivers license because of a suspension? Was the suspension because of a previous DUI or other alcohol-related offense (underage drinking and driving)?

If the license was suspended at the time of the 2005 DUI, your family member may be looking at Aggravated DUI, and that is a felony offense. The mandatory minimum for felony, Aggravated DUI is 4-months in PRISON (not jail), fines, and a revocation of their privilege to drive.

On the other hand, if your family member was cited for Extreme DUI, and had a court appearance in a city, municipal, or justice court, it is a misdemeanor offense. The mandatory minimum sentence for a misdemeanor, Extreme DUI (in 2005) is 10-days in JAIL (not prison), fines, and alcohol classes.

Your family member also faces criminal exposure on the Failure to Appear, which can be cited as a SEPARATE criminal offense (Class 1 misdemeanor).

Obviously, your family member needs the assistance of an experienced, Arizona-based attorney. Please call or e-mail if I can be of further assistance to you.

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