What are the chances for the TASC diversion program?
Last year my husband got into an accident (no other vehicle involved) he had drugs on him and was under the influence. He just got notified that he has to appear in court. The charges are: aggregated dui, possession of a dangerous drug and possession of a narcotic. All charges are listed as a class 4 felony. He had a previous dui that was a misdemeanor about 2 yrs ago. He had to do community service and probation. Which he did and completed. The only other drug charge he has ever had was 12 yrs ago for marijuana and it was a misdemeanor also. He has no other criminal record. A week after he got into his accident he got into a treatment program. He is coming up on 1 year clean and sober. He is still in the program, goes to counseling and has to take random drug test, and none have come up dirty. Do you think he will qualify for the TASC diversion program? If not what kind of realistic sentencing is he looking at? I have read up and know the min and max but what is the average outcome of these kind of cases.
4 attorney answers
A person is not eligible for TASC for any DUI charge. The minimum penalty for a Class 4 DUI is 10 days jail or 480 hours of community service. If his Blood alcohol level was 0.16 or above the minimum penalty jumps to 90 days jail. The outcomes vary based upon a number of factors which you have not listed here, so any attempt to 'average' this case would be unprofessional.
As an author of many criminal and DUI articles and books, I remind you that every case varies depending on the law and the facts. Because questions often fail to disclose important facts, these 'answers' cannot and should not be relied upon as a replacement for a full or complete review of an actual case by a retained attorney.
First and foremost you and your husband should begin immediately meeting with private criminal defense attorneys experienced dealing with felony DUI and drug charges. This firm is experienced dealing with those matters. Without knowing more, and I am not asking for more information on a public website, I advise against that, it is merely speculation to state what kind of offer the state will make. He is a felony DUI due to a suspended license, failure to complete interlock device, or another DUI you don't know about etc. As you can see the variables are numerous. His prior misdemeanors for drug possession will have an effect on the state's willingness to consider TASC. Given the length of time that probation and treatment were previously completed could negatively effect the state's consideration; however, recent treatment and clean history can be used to off-set that position. Most importantly, begin meeting with attorneys as soon as you can. This office as well as many others will meet for free to discuss your case confidentially.
This response is not legal advice and in no way infers, implies or creates an attorney client relationship.
You cannot do TASC for a DUI charge. The minimum sentence is likely going to be 4 months prison and probation. I assume he has no prior felonies since you mentioned the previous ones were all misdemeanors. Start contacting some attorneys to discuss your options. Getting that minimum sentence would probably be a good result. But please treat this post like a grain of salt since I am only speculating. Go speak to some attorneys privately.
TASC is only an option for first time drug possession charges. Your husband is being charged with a felony DUI, probably because his license was suspended at the time of his alleged drug DUI. Unfortunately, these charges are taken very seriously in Arizona and require mandatory prison time (not jail time), if convicted. I would suggest contact local counsel with extensive experience handling aggravated DUIs in Maricopa County.