My son got his second MIC from a Tempe MIC task force last night. The first time he took a diversion program. He received a DUI last year, and still has an interlock device on his car which comes off this November. What are the possibilities of him taking the diversion program again and if he is not eligible, what are the likely penalties he is facing?
Criminal Defense Attorney
Typically, the Tempe Prosecutors Office will NOT offer diversion for a second MIC. They are also going to know about the DUI once they run a criminal history check on your son.
Your son is looking at a Class 2 misdemeanor, punishable by up to 4-months in jail, a $1000 fine + surcharges, and 2-years of probation. These are the maximum penalties allowed by law, but, realistically, I believe he is looking at a plea that will carry some amount of jail time and possibly probation.
What were the circumstances surrounding the arrest? How did the police initially contact him? How did they determine that he had alcohol in his system (breathalyzer test, I imagine)?
Your son should consider hiring experienced, Arizona-licensed counsel to assist him in this case, especially considering the potential penalties involved. If he cannot afford an attorney, and the State is seeking jail time or probation, he will be appointed a public defender.
Please contact me at my web link below if I can be of further assistance to your son.
DUI / DWI Attorney
Thank you for your question.
In California, where I practice, he would be ineligible for a diversion program if he's done one already. Judges have discretion, however, to grant a diversion program again in your state, I understand.
I hope that this helps, but if you have any other questions, feel free to post here. It's my pleasure to help in any way that I can, and best of luck to you.