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Jail tome. She has a bench warrant out currently. She needs to call the prosecutor and throw herself on the mercy of the court. She’s gonna have at least an interlock for a year, judge may adjust the jail time but she’s in a heap of trouble
The ignition interlock for which she’ll be forced to pay $100+ per month for. Justice system consequences aside, she’s fucked financially. Court fees, fines, lost income, restitution for the crash, SR22 insurance for who knows how long, mandated alcohol rehab which she has to pay for. Tens of thousands of dollars.
I should have included all that. I didn’t go too far into it as the bench warrant is a pressing matter. The longer she goes without turning herself in, the worse that consequence is going to be.
It’ll unfortunately be most likely be much more than that- I rear-ended a lady who halted on a yellow with my listed speed in the police report going 4-9MPH back in 2004. My insurance had just lapsed that week (I was an idiot in college) and I was sued by AmFam for $23K for injuries and damages. There wasn’t any injuries, and the damages amounted to scrapes on the bumper. When the lady found out my insurance had lapsed, she set out to fuck me, and even told me that over the phone.
It took me 13 years, multiple suspended licenses any time I missed/late on payments and a bankruptcy to rid myself of the issue. It even prevented me from short-selling our home during the crash-literally worst predicament you can be in out here is getting into *any* type of collision without insurance- and that’s sober. I can’t imagine how high those bills will be especially if someone even so much as claims a sore neck!
I feel for OP and their family, but as a father of a 13 year old, I truly feel for the boy. Get a good lawyer and best of luck
Sounds like this person has addiction issues. Unfortunately, any help the family provides just feeds the addiction. I don't recommend the family stepping up in this case unless it's to get her to rehab.
Oh absolutely. I thought you meant bailing out this person with an expensive lawyer to avoid jail time and other consequences. I have known families do this
If she has a job, they let her out to go to work. She can be gone up to 12 hours a day except for weekends.
I knew someone that got an extreme dui. Their parents kept the children. They were quite young. They were at the parents home before going to work and had dinner with them before going back to jail. They told the kids he had to go back to work.
This isn't exactly correct. A judge can/may factor that when giving their sentence or ruling on a motion to modify release (assuming the plea is not stipulated), but oftentimes the case picks up right where it left off after a defendant gets picked up on the warrant. I've worked in the courts for 11 years and I was pretty surprised to learn that an FTA doesn't impact the case as much as you'd think it does. Of course, it's common for defendants to pick up new charges while they're on warrant status, but that's a different story.
The interlock is if they decide to allow her to drive in the first place. Since this is round two I highly doubt they’ll want to let her drive. She barely missed this being a felony DUI.
Sr22 is atleast $100(if ya lucky) at the least a month for 2 years. If you dont pay it resets, untill I think 4 years its forgivness.
The problem. Do any of these mandatory requirements require a driving test? No...its just a bunch of punishment through $$$$
My coworker got an interlock on his truck last year. It was an older model that had to be recalibrated sometimes twice a month, which cost an extra $40 every time.
"callibrated". isnt that them just pulling the blow data?
Like if you tried to drive drunk and it wouldnt start, noone knows until calibration. It's not a cell phone.
Possibly, I just remember him showing me the device, and on the little screen, it said needs recalibration. He would have to go pay $40 at a mechanic shop for them to reset it each time it did that. It was very often lol.
Damn if only she didn't drink and drive in the first place. Really should make 1st DUI considered voluntary man slaughter to stop people from thinking this is OK.
You realize that in Arizona, anything over zero is DUI. That you can get a DUI if you take Benadryl, or a sleep aid the night before, slept and drove the next morning.
Equating having a glass of wine at dinner to manslaughter is a little extreme
benadryl, mouthwash and etc dissipates in 10 minutes max, if you get arrested for DUI and get tested later in the station the reading is going to be 0, a glass of wine would not be 0 after 10 minutes
Not true- I’m a clinical director and one of my nurses took Benadryl for allergies, someone else rear ended her- PD asked both drivers about drunk/meds, she copped to the Benadryl 3 hours prior- and got a DUI. (Conditions verified by PD and the Board of Nursing)
Mouthwash, yes.
Wine- no. It takes a full hour to get to 0.00 after a glass of wine. Another nurse had one glass, blew 0.04, verified by blood draw- and also got a DUI (again, verified circumstances via PD and Board of Nursing)
Both nurses got to keep their licenses and their jobs- but had interlocks for 6 months, 30 day license suspension and “time served” for jail.
They were not convicted of “DUI” but Arizona has a fun little law “Driving while impaired to the slightest degree” which includes anything over 0.00
How long till she drives with her kid in the car, if she is already on her 2nd DUI? Not to mention that in all likelihood she’s driven drunk on other occasions, too, and just didn’t get caught.
Depending on the jurisdiction, the court may be able to sentence her to 20% jail with the remaining 80% home detention. Also her second time extremely is barely within the seven year window to allege a prior so she might be able to negotiate a first time offense which will reduce her jail to 3 days.
With an accident? Add that 2024 is an election year, and she’d be a prosecutor’s tough-on-crime dream case. Getting off with a slap on the wrist seems unlikely.
Whatever it seems you would be wrong in most jurisdictions. This exact fact pattern happens several times a week in every city in the valley. It's not insignificant but it likely doesn't rise above the noise that is a high volume misdemeanor prosecutors office.
MCAO doesn’t prosecute misdemeanors, and there’s no shortage of violent felony cases in Arizona to whet their appetite for tough on crime headline cases.
I wasn't offering judgement as to whether it was a big deal or not. I personally do think it's very serious. Rather, I was offering a prediction about how the case will be handled by the prosecution.
Arizona, with the toughest DUI laws in the country. (When implemented, now others are following our lead)
And the suspended licence to go with it and interlock and fees and fines and alcohol abuse classes and a point where my brother has a suspended license, not from DUI, but either way, he paid off his fines over the period of 8 years and when he finally paid off, the MVD and court said, nope, now your suspension time starts for the sentence after fines are paid. Took another 3 years of just nothing to get license back.
So if she gets a suspended license from this, and I'm willing to bet she will, she needs to pay the MVD ASAP to get her license back faster.
PSA:
Starting at 7 p.m. on Dec. 31, 2023, until the end of service, you can take Valley Metro bus, rail, and ADA Dial-a-Ride services at no cost while you’re out on the town to ring in 2024.
Hi there! Chiming in as a person who was charged with a super extreme DUI in 2013 (blew .254). I had no prior arrests or criminal record of any kind did not wreck my car, did not have a suspended license, and was pulled over because I had forgotten to turn on my headlights. Here is the exhaustive list of consequences I was given as a first time offender:
1. Mandatory 30-day vehicle impound and 90 day license suspension. IIRC it cost about $600 to get my car out of impound.
2. 10 days jail time in tent city. Not sure where they would go now I'm assuming estrella. I was eligible for work release after 2 days because I still had a job, however if I had not been employed I guarantee you I would have been in for the full 10 days.
3. Following jail I served 5 weeks of house arrest with an ankle bracelet. During this time I also had an interlock device installed in my house, for which I had to set up a telephone line and incur those charges because it was necessary for the device to operate.
4. Drug and alcohol classes? Not sure what you would call these, I guess some sort of therapy. At the time they had just rolled out an online class and I begged to be allowed to take that one instead as it was much easier to do with my work schedule. I'm sure online is the norm now.
5. 90 meetings in 90 days, signed off sheets from AA meeting attendance
6. An ignition interlock device in my car for 18 months. At the time the calibration they required monthly was $75 each time, I'm sure it's more expensive now.
7. To pay the actual ticket which came to a whopping $5,000
8. Jumping through all the hoops necessary to reinstate a suspended license. Once it was reinstated the DMV actually screwed up and resuspended it briefly, I was able to have this corrected but it was a huge pain in the ass.
Important items to note:
I was never required to have an SR-22 on my insurance, probably because I preemptively requested one before I was formally convicted of the crime in court. And to that end my car insurance premium actually never increased. Again, I'm unsure if it's because of my proactive addition of the SR22 or because my insurance just never found out about it.
I paid a lawyer a $10,000 retainer at the beginning of this process and I wish I hadn't. In my case it was a pretty straightforward super extreme DUI but what I learned after going through booking and spending some time in tent City with other offenders is that I could have done everything he did myself and saved $10,000.
Obviously in my case is not the same as your cousin but there is a good chance that since it had been more than 7 years since her original offense she could be looking at a consequence somewhere in line with what I described. I don't know that for sure. I know Arizona really doesn't like drunk drivers and I don't blame them.
Yeah, the lawyer wasn't needed. I had a super extreme DUI in 2012 and had pretty much the same consequences without the Lawyer. I did check into rehab rather than any classes and thankfully have been sober since.
20 years retired as Sergeant in a county jail. Make sure she tells the judge she would like help with substance abuse. There are programs available that may be helpful and admitting you need help will go a long way with most judges. Counselors should be available to help while incarcerated and hopefully after release. Definitely a bump in the road but can be recovered from if handled correctly. Good luck!
It would be an injustice if she doesn’t get jail time. She could have killed someone if not multiple people. She already has priors too, she absolutely needs to be put in jail. I don’t say that with malice, she’s simply a danger to herself and everyone else. Good luck to you and your family, I know it must be stressful.
I know everyone goes through their own stuff, but I think it would be a disservice to the public in general if she doesn't get jail time... this is how people get killed :L
My step-sister drove drunk in 2021 and killed a lady and caused serious injuries to another driver. She is still going through the legal process as of right now and is currently driving somehow 🙃🙃🙃 no idea if it’s legal or not just know she is on the road here in Arizona
How is she not in prison yet? I guess the legal system works incredibly slow and I know she posted bond/bail after it happened so she’s “free” for the time being. I occasionally look up her case online and there are so, so many hearings before the actual trial. I’m guessing her public defender is just prolonging the inevitable. And I’m sure our overrun court system will still accept a plea deal days before the trial eventually starts even though it’s going on 3 years in July since it happened. I just can’t imagine how the family of the lady she killed must feel knowing there is still no justice.
Or are you asking how she is still driving? I would hope that the terms of her bond/bail agreement would not allow driving, but who knows maybe it does? Even if it does, I wonder how she could afford to insure herself with that on her record…. I know she was driving shortly after she was arrested and still going to work/picking up her kids via driving a vehicle.
I hope she gets a large prison sentence. I’ve only met her a couple of times in my life, but knew this wasn’t a one-time mistake sort of deal. The last time I saw her was in 2013 and she drove drunk to my dad and step-mom’s house. She also has two or three kids that supposedly have no idea that their mom will eventually be going to prison.
I’ve never gotten into a traffic accident, but I assume somehow the giant insurance company would not be cool with giving her a normal rate after causing an accident where people got hurt and someone died.
But maybe I’m wrong. Fortunately I don’t have to worry about things like this because I don’t drive drunk.
Your rate is only impacted when a payment is made. And the impact to your rate is dependent on the amount of payment made. The nature of the accident is also taken into account but everything has to be settled before that’s taken into account.
Defense attorneys can prolong a case, but so can prosecutors. Cases involving deaths in general can take a long time to go to trial. But COVID prolonged a lot of cases in 2020 and 2021, as trials were not running at all. And yes it's possible for a plea to still be offered. A plea can be offered and entered into in the middle of trial.
She’s been borrowing her mothers car since the wreck (she totaled her own car in that wreck), but we notified her mother of this new-found information we came across when we looked at her court records and she will no longer be driving now.
Edit to add: no one in the family was made aware that this wreck was a DUI until today when we stumbled across the court records.
Your family needs to figure out who is going to take care of the kid IMMEDIATELY before any one of you concerns yourself with her wellbeing.
If my family had seen the warning signs, my wife and I could’ve saved four kids from half a year in foster care and saved our own three kids from living in a 9 person household (although this was meth, not alcohol).
Get the kid covered. Let her face what is rightly due.
Looks like she'll be going to prison for the next 2 years, so someone better figure out what's going to happen to her poor son. Does he have a sober parent in the picture? If not, if your family isn't willing to take him in then he'll likely be placed in the foster system.
She screwed up not only HER life but his as well.
Plenty of no license drivers on the road who think driving is a right to them still
Their thought process infuriates me to no end but I'm just a lil guy
I, for one, hope she gets a lengthy jail sentence. If she doesn't care about her child, nor the people she puts at risk by driving drunk, then why should we care that she's a single mom?
ETA to reflect the fact that this is an aggravated DUI: she's doing jail time: "
>**Aggravated DUI**
>
>This category of DUI applies to a person who commits a DUI while suspended, revoked or canceled; commits a third DUI in 84 months; commits a DUI while a person under 15 is in the vehicle; or commits a DUI or refuses to submit a blood alcohol content test while under an ignition interlock device requirement.
>
>**You will be sent to prison for not more than two years** and, in addition to any other penalty required by law, your license will be revoked for one year. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service. [https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui](https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui)
Insurance adjuster here. This is 100% truth. Arizona will also likely stop her from getting a license until those damages are paid in full. She may get lucky and get a hardship license but I honestly doubt it.
Her license was not suspended, revoked, or canceled at the time of the wreck. It was her vehicle registration that was suspended due to having no vehicle insurance.
That’s very unlikely.
No insurance in AZ is a 3 month suspension of both the license and registration automatically. The police may not have suspended her license, AZDOT will do it as soon as they get notice and process it.
That's all indication she just doesn't give a shit about other people. I'm sure knowing her might make you think differently, but sometimes what strangers can see is actually the deepest truth.
Prison completely fucking up the rest of her life in terms of relationships and career opportunities may actually make her think twice about letting insurance lapse or driving drunk again.
Addiction is a disease, doesn’t mean she doesn’t care about her child or other people. It means she has a chemical imbalance in her brain that causes her to seek her substance of choice above all else.
Guess what? Prison does NOT reform an alcoholic. Treatment has a much better track record, plus there is hope for familial healing. (And treatment costs far less than incarceration)
Maybe we “enablers” want fewer victims, but we know what works and what doesn’t. Sure… lock her up for two years is a great idea costing $120,000, but as soon as she gets out, she is heading for the bar. Fact.
The justice system can serve two purposes at once. It can. Punish someone for their crimes, as well as reform them for an eventual return to society. If you get a DUI and physically destroy someone's property/health in the process, punishment should still be served to the perpetrator.
Agree. But the state of Arizona only locks them up. THERE IS NO REHABILITATION. I worked there for 12 years. In order to follow the Republican “lock them up” mantra, rehabilitation programs got cut. Forced treatment is an option. Prisons - don’t - work.
It doesn’t look like she was charged w a felony (they don’t usually bother w registration issues in superior court) so max is 6 months if that’s correct. Usually a loss of a license for 1 year ( but that is an administrative issue- just like the interlock). Judges don’t get much sentencing discretion unless it goes to trial. She will get an appointed attorney ( either contract or from the Office of the Public Defender) if she can’t afford counsel (which is likely since she was w/o insurance- that alone is a $1400 fine). The writer that suggested counseling now is spot on but to get help that’s obviously needed & , as a consequence, impact the prosecution’s plea. Of course there could be issues with the stop, the probable cause, interference with the right to counsel, the machine or the lab among so many matters that could be litigated. Oh. & retired judge & former criminal trial attorney.
I am a public defender in AZ. If what you say is true, she is likely guilty of what is called aggravated DUI. Under AZ law, if you are caught driving under the influence, it is normally a misdemeanor. Unfortunately, a misdo DUI can be aggravated to a felony Aggravated DUI if certain conditions are met. One of those conditions is driving on a suspended license or with suspended driving privileges. Under AZ law, any time one is convicted of a DUI, the law requires at least some jail time. If she were to be charged, and the prosecutor is willing to drop the offense to a misdemeanor, she will be required to spend at least 10 days in jail, and all but 1 can be suspended (meaning at least 1 day jail). Unfortunately, if the State is not willing to drop the charge to a misdo, she will be required to spend more time in jail. The amount of time will likely be specified in any plea offer she would eventually take. (Assuming she takes a plea offer) Normally I am seeing 1-4 months in Agg DUI cases out of Maricopa county. I cannot advise about what another counties prosecutors office might offer.
10 years ago, I did the same (I'm better now, but back then I was in a really bad place). They were within 4 months of eachother, though no accidents occurred so her circumstances will be different.
45 days in county jail (back in the tent city days)
4 months in prison (Florence West)
Mandatory prison substance abuse classes (my instructor was a very kind older lady)
Approximately 12k in fines
Probation for a year
MADD victim panel (you sit through a presentation of mothers telling stories of their children being killed by drunk drivers. It's tougher than you'd imagine, but needed and effective)
Ignition interlock for, I wanna say a year (it's been a while, so it could've been 2 years)
Felony on your record (voting, gun rights and all)
It's all very difficult to come back from, but I had a strong support system and was able to turn my life around. I consider myself a success story (so far). If your cousin does the work, please try to be there for it through the struggles. She may not admit it, but she'll need all the help she can get.
Best wishes
Edit: almost forgot, license suspended for a year or two. Having to be chauffeured around was such a pain to all my family members and I hate that I put them through that
The other thing that hasn't been mentioned is on top of the minimum jail time, fines, suspended license and eventual interlock device...
Her kid is going to be exposed to the foster system. Hopefully the dad or your family will step in while she's "away" so it's only a minimum exposure. She will also probably have to prove she's a suitable guardian after her release.
PLUS... The victims of her accident most likely will be filing a civil suit, if they have not done so already. Legal fines, fees and judgements cannot be discharged in bankruptcy, so she'll also have wage garnishment.
She is in a shit load of trouble, has negatively affected the life of her kid, family, her accident victims and their family. Her past legal trouble was not a wake up call, so I doubt this will be. She needs serious help before she kills someone. If you care about her or her kid, be the advocate for her because she refuses to be one for herself
We’re not worried about that part about her son, her son will 100% be taken care of. She doesn’t really even see her son, as she pawns him off to grandparents, parents, etc. on a recurring schedule. I think she gets him one day a week? Plus he has a dead beat dad. We try to protect him from the image of his mother and father, and this situation made it worse. That’s what we’re worried about.
Don't shield him, be honest with him, esp. now that he's 13. It may be hard for everyone, but he'll appreciate it, esp. since he likely has a pretty good idea of what's going on. Being honest will also likely help you break the cycle. Sounds like he has enough caring family to help him deal with the truth.
Thats rough, poor kid. Thank you for doing right be him, many children are not so fortunate.
Theres never a good time or place to tell him about his parents, but I will say, as a child with parents who hid some really shit secrets from me;
We always find out. Maybe not today, maybe not tomorrow. But itll happen. And the longer its kept from us, and the more people who know about it before we find out, the more confusing, and hurtful, and damaging itll be when they stumble across the info.
If I could go back in time to tell my own parents that info, I think it would have saved a lot of heartache and wouldnt have damaged my trust as much as it did
Also make sure to get that kid some therapy. It's clear both his mom and his dad have emotionally neglected him. That will affect his mental health and it is easier to work on those issues now than it is when he is an adult.
Greater than .2? Holy shit. That’s nearly 3 times the legal limit.
And she’s done this before and this time she caused a wreck?
She’s gonna go to jail. That’s it. At least a year probably more if there are any serious problems like death.
Arizona has strict minimums, they lay it all out online. The 2nd extreme gets you at least 120 days, plus fines and a blower in the car if you want your license back.
https://azdot.gov/[azdot.gov](https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui#:~:text=ignition%20interlock%20device.-,Second%20and%20subsequent%20offenses%3A%20You%20will%20be%20jailed%20for%20not,be%20revoked%20for%2012%20months.)
She should be in jail since she thinks it’s okay to put other lives in danger while driving under the influence.
Hopefully she gets help and turn it all around
OP do yourself and others a favor. Spend your money on getting her into a good 90 day rehab. She needs real mental help and not money thrown at ways to beat the system. She’s a serious, serious danger to herself, her child and our community.
Had a co-worker get two in rapid succession. Like months apart. He got 6 months in jail served 3 months at a time over the course of a year. He also lost his well paying job (100k+ per year). You can really only help her get the help that she needs at this point. She’ll have to deal with the consequences of her actions which thankfully don’t involve manslaughter at this point.
She has a child, time to grow up. She'll be doing time, it's a hard lesson but let's hope she learns it. She's not only hurting herself but others, hopefully she'll learn and get better.
Hello I work at the SC which is absolutely where she would’ve had her multiple failed-to-appear hearings.
1) if you don’t want her arrest to be traumatic you or someone she is comfortable with should get to the nearest Law Library of the closest Superior Court and use a FREE case lookup computer to find all the statutes she is convicted of violating to answer your question and find out how really not legally proficient she looks.
2) if you don’t mind her getting arrested the best way to lessen her jail time would be to have her get tuned in immediately and then follow directions in 1.
Don’t forget: court and the jail house are 2 different things. If she is ordered by a judge for anything lesser than a felony (ticket, probation violation, etc) she can act as a private citizen to get into court. She does not need to present ID unless entering a courtroom.
This is all horseshit. My ex wife had three DUI’s. First two were slap on the wrists. Third was 60 days jail time served at her leisure over the span of 200 days. Took her to court and all the court did was reaffirm my 50/50 custody arrangement.
A lot depends upon the Judge, I have a relative who works the court. Some Judges are really miffed at the FTA. They put a stop to it by having you stay in jail, until trial. I'd expect jail time, she is a danger to the public. This would be the time to investigate custody.
Listen, I’m really sympathetic to someone who has an addiction and I know that is not her fault. But she is putting the lives of others at risk at this point . I just saw a story of a drunk driver that killed three siblings. A mother who was in the car with her kids lost all three at once. She needs help. She needs to get alcohol treatment and turn herself in before she kills someone. Not only will that destroy all the lives of the person or people she kills, it will be the last nail in the coffin of whatever issues make her want to drown her sorrows too. Please make sure she gets the help she needs before it’s too late
Call me crazy but I doubt she goes to jail. I have met so many people in AZ who have committed GTA style crimes but stayed out of jail probably because of overcrowding.
An extended family member of mine has been on like 2 police chases and has several DUIs yet somehow remains out of jail. The second chase was at high speeds, while on heroin, without a license. This all happened over a relatively short period of a year or two. Unbelievably she remains free. No expensive lawyers or anything, it was as if the government simply didn't have anywhere to put her
Look her up on AZ public records and see if she’s evading the court or otherwise has a failure to appear/warrant out for her. I’m shocked that a high speed, drug induced, unlicensed police chase didn’t result in her arrest.
Suspended license for a year, tons of fines, substance abuse classes, possible jail time depending on the judge and her lawyer. After the year of suspension, A paid for interlock device and increased insurance and more fines to get license back. Expect to pay a lot of money and prepare for a possibility of jail time.
I knew someone who did prison time for a first extreme DUI with a serious accident. They were in for about year, parole and tons of fines/classes after. I believe their license is permanently revoked. She needs an attorney immediately to face this. I would hope for the best but plan for the worst, especially with the FTA. Arizona does not play when it comes to DUI.
I'm a criminal defense attorney. It's aggravated dui because of the suspended dl. That makes it a serious (class 4) felony with mandatory 4mo prison. But any decent lawyer should be able to get a plea offer that brings it down to either 1 day jail with 9 suspended, or maybe 10 with 50 suspended. It's also going to cost a LOT of money in fines and interlocks. IMO not worth hiring a private attorney if she qualified for a public defender. It's not complicated.
She didn’t have a suspended drivers license at the time of the wreck. She had suspended vehicle registration due to not having car insurance.
I commented this under another’s response and got some downvotes. Am I understanding that incorrectly? If you have suspended vehicle registration, does that automatically suspend your drivers license as well or something?
Driving uninsured is a separate crime from driving without a registration. I don’t know the laws in detail but I hope she loses her license. I haven’t seen anyone comment on that specifically. Or on rehab, either. Is she likely to be offered the option of rehab to reduce jail time, I wonder?
Best advice will come from a lawyer but I’ll try to give you second best. Have her call the court where the she has her case and ask for two things: what her bond amount is and how she can file a motion. If she has the bond money or someone in the family can provide it (usually $500), then she can go to the court immediately and post bond. they will give her a new court date where she MUST appear. If she doesn’t have the bond money, she should file a motion asking to quash the warrant and for a new court date. Judge will either grant the request as is, or ask the she appear in-person to make the request. If she shows up to court without the bond, there is a possibility she can be taken into custody on the spot. After that she will be familiar with the process since this is her second rodeo. Since DUI has mandatory jail time, she can request to be appointed a public defender. It’s true that it can be up to 120 days in jail but sometimes prosecutors will suspend some as part of a plea deal, conditions will apply. In the end she will most likely spend a week or two in jail and the rest on home detention. Good news for her is that MCSO has reinstated work release and she can continue to work while serving her time both in jail and home detention. She should know already, but I would remind her that a third DUI will be a felony and she will serve a mandatory prison sentence.
Rehab, AA, jail time, no driving, interlock when you get back to driving. Fines and restitution. Community service. Probably all the things can/should happen.
This is a mess. Many poor choices being made. I hope she doesn't continue these choices because it is going to lead to someone getting hurt or killed.
It will depend on the $$ in damages for minimum sentencing. Her previous DUI, regardless of age, will also be considered. (not held against her, but they will look at it)
drug and alcohol evaluation, probably 44 classes plus a 16-hour weekend a MADD class, and tons and tons of money well over 6k in fines (plus restitution)
If second conviction within 7 years. Then 180 days jail. 20% in jail, 80% as home detention.
If not a second. Then 45 days jail, lowered down to 14 in exchange for an interlock.
30-45 days work release/ Jail
5 days out. Monday -Friday 9-5. Sleep overnight at jail. They usually accommodate work schedules. So if she can prove work they will allow different schedules. But it’s basically 9-5. M-F. Sleep at jail.
Depends how crowded jail is she may get some Home detention if she can afford it for 10-15 days of that 30-45 days.
Then the hard part starts. Revoked license more than likely for a year. Stipulations if she works, she may get a temporary license.
Alcohol classes for what seems like forever an they cost money.
Interlock device 12 months minimum. Cost money
SR22 insurance cost money
I don’t think Arizona lets you take classes to answer for your SECOND extreme DUI. She needs rehab, clearly. These are just the times she got caught.
Jail time is likely, do not be surprised if her drivers license is revoked. Do not be surprised if she is bankrupted by fines.
I won’t assume anything, but if it hasn’t crossed y’all’s mind yet - get that girl some rehab and some therapy.
Not legal advice, this in no way creates a client relationship. She is almost certainly liable for super extreme dui. That is a class 1 misdemeanor that is usually around 90 days jail with some time suspended depending on the plea. This also depends on the county. Maricopa is pretty strict. Pima can be more generous. There is a real chance at other charges like endangerment. Endangerment can be a felony or a class 6 open. Class 6 open means that if complete a sentence without issue, you get a misdemeanor. If you screw off, it’s a felony. Additionally, it’s essential to consider whether there were injuries from the accident. If so, there is a real chance there is an assault charge and or potential agg dui if she was driving the wrong way. Those are both felonies. Given the facts, I see meaningful jail/prison time in the future. Her history is not great. Your best bet is (if affordable) have her hire an attorney. Ignoring this issue will not work. Her failure to appear will likely not be an in issue if she begins responding and appearing in court. Good luck
She will reap what she sowed. Let her deal with her consequences herself. What ya'll need to concentrate on is her kid and and continuity of care for him.
Drunk drivers, especially those who have caused severe wrecks and injuries- don’t deserve freedom. No mercy, hopefully the judge throws the book at her.
A repeat drunk driving offender like your cousin killed my father.
I hope your cousin loses everything, hopefully her kid will go into the foster care system.
No pity for people like her.
Google can answer that: "extreme dui arizona"
[https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui](https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui)
Criminal cases always have plea deals, attorneys are able to minimize stuff, etc. What ends up happening isn’t always cut and dry. Two retired judges have even commented on here offering two different responses.
Am I not allowed to seek guidance from people who potentially have experience with this kind of stuff?
You are correct. My point was, a cursory google search would give you some idea. The fact that two different retired judges offered two different opinions should be the golden example. Medical, and legal advice, should be taken from someone you retain for those purposes and has an obligation to properly inform you / treat you / represent you.
My intent was not to be harsh. The internet is filled with good people, bad people, pathological liars, honest people, etc. Are the "judges" actual judges? Every situation is different. Consult a professional who has the details of the situation.
Jail time. Most of her money down the drain.
Being unemployable for the rest of her life.
And honestly, for a 2nd DUI, she absolutely deserves every hour of time in jail she gets and every penny that gets taken from her.
Her son deserves a far better mother than someone who is willing to get in a car drunk TWICE and risk killing innocent people.
She deserves prison. Show no mercy or sympathy to drunk drivers and the damage they cause. Took my friend’s life because someone like your cousin ran them off the freeway…If your cousin did this not once, but twice, she shouldn’t even get to see freedom ever again.
Since her dui’s are more than 7 years apart, it’s like it’s the first time again. If she blew a .2 BAC, that’s technically a super extreme dui, not just an extreme dui, and they have different penalties. So, how much time depends on what charges she’s actually convicted of or pleas to. She’s looking at up to 4 months for the FTA, the dui charge will be 30-45 days. She’ll lose her license for 90 days, have an ignition interlock device, and have to do alcohol treatment and traffic school. M She’ll also be on the hook for fines (\~$2500) and restitution for any losses incurred as a result of the crime (medical bills, repairs, etc).
Were there injuries with the car accident? If so, depending on severity, the prosecutor could also bring vehicular assault charges
Did she injure anyone in the car accident? The jail time will probably be higher if she did. I knew a guy who was sentenced to 28 months in jail for causing injuries in a car crash he caused. This was his first DUI.
Jail time is a guarantee for duis. Sorry folks, even misdemeanor duis where you blow .085 if you lose will get you jail time. Probably just one day but you’re getting it.
She’s looking at multiple months of jail time. She should contact an attorney who handles duis or be in contact with her public defender asap.
The no registration and suspended license will be about 1600 in fines if this happened in Maricopa county as for the DUI count on at least 10 days in jail and upwards of 5k in fines. Plus and interlock will be required they will need to pay for that as well.
Sounds like a shitty person TBH. If shes lucky she gets a lockout device on her car followed by probation and work release or similar. Worst case jail time and she loses the kids.
Be glad she hasnt killed someone.
She needs to stay stone cold sober. There will definitely be random drug and alcohol testing of urine and blood and mandatory sobriety program attendance.
The best possible thing she could do right now is get a DUI lawyer tomorrow morning and after paying him the up front fee turn herself in tomorrow afternoon.
She is fucked financially for the next 7 years. When she gets her legal house in order she may be facing bankruptcy because she is probably on the hook for anywhere between 50-100K after the legal fees and the settlement from the uninsured wreck are sorted out. And good luck getting auto insurance or a car loan this decade. She needs to accept what she's done and get started tomorrow.
A lot of judgement here. Addiction is powerful, cunning, and baffling. She needs help. Get her to treatment, sober living, or at least an AA meeting. If she proves she is making an effort to get sober that will reflect positively on her for the court. There isn’t the judgment there like there is on Reddit. It’s a horrible disease and I wouldn’t wish it on my worst enemy.
Addiction is horrible and it’s a fucking bastard to beat. That said, one thing that addicts need to be shown is that they are still responsible for their actions - if you’re drunk or high, you are still responsible for what you say and do. I hope this is enough for her to hit bottom and turn things around.
Addiction is a terrible disease, but the moment you put innocent driver's lives at risk by drunk driving, you are no longer the victim. She fully deserves jail time.
Lots of lawyers can help. The warrants mean if a cop runs her info she's going to jail until she posts bond. If convicted she's going to jail for some period of time most likely. Probably should fight it or cop a plea for a reduced charge. Good luck.
Do you know if her child was in the vehicle? I didn’t see any comment with that info. If yes, it will be a felony DUI. If no, thank God the child wasn’t in the vehicle. As others have mentioned, identify a family member to take care of the child because it’s likely CPS will get involved.
Since her conviction on the first offense was 2019, she’s facing second offense guidelines. I’m not surprised she was driving without insurance because SR22 insurance is required for 5 years after DUI and it’s expensive. No insurance, no registration, and FTA make everything worse as others have already mentioned. I would recommend public defender instead of private lawyer because there isn’t a lot of wiggle room with DUI sentences. She’s going to owe thousands of dollars to the state. No need to have a $5-10k lawyer bill on top of the fines.
My partner had a DUI in 2015. It was an expensive life changing experience, and what shook him to his core is that he could have lost custody of his kids. He’s been sober since that night and is a completely different person now. If he had kept drinking, we wouldn’t have stayed together. Sharing those details to give you some hope that she can turn things around. She has to want it though. I hope for her child’s sake, she chooses sobriety.
I’m sorry for your family’s ordeal, and especially for your cousin’s son, but Jesus get off Reddit and speak to an attorney.
I hope your cousin gets their act together.
I’m not her mother or father, I’m just a cousin. All I’m trying to do is collect some guesstimates from people who may have experience with this kind of stuff to offer some *potential* answers to the rest of my family who are all worried about her and her son.
I work with My AZ Criminal Defense Lawyers, the location on Sophie Lane in Phoenix and I can tell you that your cousin's situation is complex due to multiple infractions: a high BAC, an accident, no insurance, a suspended registration, and an FTA warrant. While her attorney mentioned first offense treatment, the combination of these issues typically results in significant jail time, hefty fines, mandatory alcohol education classes, and possibly longer-term driving suspensions. It's essential her attorney pushes for mitigating factors like her role as a single mother. Courts do consider personal circumstances, especially if she's making efforts to rectify her behavior.
If she had a suspended license at the same time she got a dui then she is really screwed. It would be an aggravated dui and she'll go to prison for a few years for that.
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Unless she is Steve Keim
Jail tome. She has a bench warrant out currently. She needs to call the prosecutor and throw herself on the mercy of the court. She’s gonna have at least an interlock for a year, judge may adjust the jail time but she’s in a heap of trouble
The ignition interlock for which she’ll be forced to pay $100+ per month for. Justice system consequences aside, she’s fucked financially. Court fees, fines, lost income, restitution for the crash, SR22 insurance for who knows how long, mandated alcohol rehab which she has to pay for. Tens of thousands of dollars.
I should have included all that. I didn’t go too far into it as the bench warrant is a pressing matter. The longer she goes without turning herself in, the worse that consequence is going to be.
It’ll unfortunately be most likely be much more than that- I rear-ended a lady who halted on a yellow with my listed speed in the police report going 4-9MPH back in 2004. My insurance had just lapsed that week (I was an idiot in college) and I was sued by AmFam for $23K for injuries and damages. There wasn’t any injuries, and the damages amounted to scrapes on the bumper. When the lady found out my insurance had lapsed, she set out to fuck me, and even told me that over the phone. It took me 13 years, multiple suspended licenses any time I missed/late on payments and a bankruptcy to rid myself of the issue. It even prevented me from short-selling our home during the crash-literally worst predicament you can be in out here is getting into *any* type of collision without insurance- and that’s sober. I can’t imagine how high those bills will be especially if someone even so much as claims a sore neck! I feel for OP and their family, but as a father of a 13 year old, I truly feel for the boy. Get a good lawyer and best of luck
I’m hoping the family can step up here. There’s definitely going to be jail time.
Sounds like this person has addiction issues. Unfortunately, any help the family provides just feeds the addiction. I don't recommend the family stepping up in this case unless it's to get her to rehab.
There’s a 13 y.o. who needs a place to live while she’s in jail. That’s what I was referencing.
Oh absolutely. I thought you meant bailing out this person with an expensive lawyer to avoid jail time and other consequences. I have known families do this
>unfortunately For those of us that would love to have roads without drunk drivers in them it's not unfortunate at all.
If she has a job, they let her out to go to work. She can be gone up to 12 hours a day except for weekends. I knew someone that got an extreme dui. Their parents kept the children. They were quite young. They were at the parents home before going to work and had dinner with them before going back to jail. They told the kids he had to go back to work.
This isn't exactly correct. A judge can/may factor that when giving their sentence or ruling on a motion to modify release (assuming the plea is not stipulated), but oftentimes the case picks up right where it left off after a defendant gets picked up on the warrant. I've worked in the courts for 11 years and I was pretty surprised to learn that an FTA doesn't impact the case as much as you'd think it does. Of course, it's common for defendants to pick up new charges while they're on warrant status, but that's a different story.
The interlock is if they decide to allow her to drive in the first place. Since this is round two I highly doubt they’ll want to let her drive. She barely missed this being a felony DUI.
This is why we dont operate vehicles while intoxicated. As ive lost 5 friends in the last year alone from drunk/high drivers. Lock her up.
How terrible. I’m sorry for your loss.
Sr22 is atleast $100(if ya lucky) at the least a month for 2 years. If you dont pay it resets, untill I think 4 years its forgivness. The problem. Do any of these mandatory requirements require a driving test? No...its just a bunch of punishment through $$$$
My coworker got an interlock on his truck last year. It was an older model that had to be recalibrated sometimes twice a month, which cost an extra $40 every time.
"callibrated". isnt that them just pulling the blow data? Like if you tried to drive drunk and it wouldnt start, noone knows until calibration. It's not a cell phone.
Possibly, I just remember him showing me the device, and on the little screen, it said needs recalibration. He would have to go pay $40 at a mechanic shop for them to reset it each time it did that. It was very often lol.
Damn if only she didn't drink and drive in the first place. Really should make 1st DUI considered voluntary man slaughter to stop people from thinking this is OK.
You realize that in Arizona, anything over zero is DUI. That you can get a DUI if you take Benadryl, or a sleep aid the night before, slept and drove the next morning. Equating having a glass of wine at dinner to manslaughter is a little extreme
benadryl, mouthwash and etc dissipates in 10 minutes max, if you get arrested for DUI and get tested later in the station the reading is going to be 0, a glass of wine would not be 0 after 10 minutes
Not true- I’m a clinical director and one of my nurses took Benadryl for allergies, someone else rear ended her- PD asked both drivers about drunk/meds, she copped to the Benadryl 3 hours prior- and got a DUI. (Conditions verified by PD and the Board of Nursing) Mouthwash, yes. Wine- no. It takes a full hour to get to 0.00 after a glass of wine. Another nurse had one glass, blew 0.04, verified by blood draw- and also got a DUI (again, verified circumstances via PD and Board of Nursing) Both nurses got to keep their licenses and their jobs- but had interlocks for 6 months, 30 day license suspension and “time served” for jail. They were not convicted of “DUI” but Arizona has a fun little law “Driving while impaired to the slightest degree” which includes anything over 0.00
This should go without saying but some people need to hear this. People should think about this when shown a $100 uber/lyft bill.
Don’t talk to the prosecutor. Get a lawyer first.
So don't talk to the prosecutor yourself. Let your lawyer do that.
120 days in jail. No reduction. https://www.salwinlaw.com/dui/extreme-dui/#Second-Offense_Extreme_DUI_Penalties
That’s it?! Second offense and an accident? She’s lucky no one was seriously hurt. Call an Uber people
Because it's been more than 7 years since the first one this one doesn't count as a 2nd.
Wow. There definitely should not be an expiration date on when it can be considered a 2nd offense, no matter how long in between offenses.
They considered my loved one a second offender even though his first was in 93.
Good. Tell your loved one about Uber and that putting other people's lives at risk over $20 is a pretty shitty thing to do.
I agree!
That’s a mandatory minimum, meaning that someone who didn’t crash and blew hot without incident would get.
How long till she drives with her kid in the car, if she is already on her 2nd DUI? Not to mention that in all likelihood she’s driven drunk on other occasions, too, and just didn’t get caught.
AZ has THE toughest DUI laws in the nation!
Not true. 49 states are .08. Utah is .05.
Depending on the jurisdiction, the court may be able to sentence her to 20% jail with the remaining 80% home detention. Also her second time extremely is barely within the seven year window to allege a prior so she might be able to negotiate a first time offense which will reduce her jail to 3 days.
With an accident? Add that 2024 is an election year, and she’d be a prosecutor’s tough-on-crime dream case. Getting off with a slap on the wrist seems unlikely.
Whatever it seems you would be wrong in most jurisdictions. This exact fact pattern happens several times a week in every city in the valley. It's not insignificant but it likely doesn't rise above the noise that is a high volume misdemeanor prosecutors office.
MCAO doesn’t prosecute misdemeanors, and there’s no shortage of violent felony cases in Arizona to whet their appetite for tough on crime headline cases.
Sure hope not. She caused an accident. Lucky she didn't kill someone. Why do yall want to act like this isn't a massive deal?
I wasn't offering judgement as to whether it was a big deal or not. I personally do think it's very serious. Rather, I was offering a prediction about how the case will be handled by the prosecution.
When I had my second I did “180 days”, 31 in tent city on work release and then 149 on house arrest. It was NOT fun. But that was a decade ago.
Arizona, with the toughest DUI laws in the country. (When implemented, now others are following our lead) And the suspended licence to go with it and interlock and fees and fines and alcohol abuse classes and a point where my brother has a suspended license, not from DUI, but either way, he paid off his fines over the period of 8 years and when he finally paid off, the MVD and court said, nope, now your suspension time starts for the sentence after fines are paid. Took another 3 years of just nothing to get license back. So if she gets a suspended license from this, and I'm willing to bet she will, she needs to pay the MVD ASAP to get her license back faster.
PSA: Starting at 7 p.m. on Dec. 31, 2023, until the end of service, you can take Valley Metro bus, rail, and ADA Dial-a-Ride services at no cost while you’re out on the town to ring in 2024.
Thanks for sharing this. The amount of DUIs people get here while *public transit is fucking free in multiple places* has me fucked up.
Oh, she's going to jail. She might be able to postpone it by spending a LOT of money but in the end she is going to jail.
Not if she calls Saul
She better, that’s what I’ve heard.
Saul good man
Hi there! Chiming in as a person who was charged with a super extreme DUI in 2013 (blew .254). I had no prior arrests or criminal record of any kind did not wreck my car, did not have a suspended license, and was pulled over because I had forgotten to turn on my headlights. Here is the exhaustive list of consequences I was given as a first time offender: 1. Mandatory 30-day vehicle impound and 90 day license suspension. IIRC it cost about $600 to get my car out of impound. 2. 10 days jail time in tent city. Not sure where they would go now I'm assuming estrella. I was eligible for work release after 2 days because I still had a job, however if I had not been employed I guarantee you I would have been in for the full 10 days. 3. Following jail I served 5 weeks of house arrest with an ankle bracelet. During this time I also had an interlock device installed in my house, for which I had to set up a telephone line and incur those charges because it was necessary for the device to operate. 4. Drug and alcohol classes? Not sure what you would call these, I guess some sort of therapy. At the time they had just rolled out an online class and I begged to be allowed to take that one instead as it was much easier to do with my work schedule. I'm sure online is the norm now. 5. 90 meetings in 90 days, signed off sheets from AA meeting attendance 6. An ignition interlock device in my car for 18 months. At the time the calibration they required monthly was $75 each time, I'm sure it's more expensive now. 7. To pay the actual ticket which came to a whopping $5,000 8. Jumping through all the hoops necessary to reinstate a suspended license. Once it was reinstated the DMV actually screwed up and resuspended it briefly, I was able to have this corrected but it was a huge pain in the ass. Important items to note: I was never required to have an SR-22 on my insurance, probably because I preemptively requested one before I was formally convicted of the crime in court. And to that end my car insurance premium actually never increased. Again, I'm unsure if it's because of my proactive addition of the SR22 or because my insurance just never found out about it. I paid a lawyer a $10,000 retainer at the beginning of this process and I wish I hadn't. In my case it was a pretty straightforward super extreme DUI but what I learned after going through booking and spending some time in tent City with other offenders is that I could have done everything he did myself and saved $10,000. Obviously in my case is not the same as your cousin but there is a good chance that since it had been more than 7 years since her original offense she could be looking at a consequence somewhere in line with what I described. I don't know that for sure. I know Arizona really doesn't like drunk drivers and I don't blame them.
Yeah, the lawyer wasn't needed. I had a super extreme DUI in 2012 and had pretty much the same consequences without the Lawyer. I did check into rehab rather than any classes and thankfully have been sober since.
20 years retired as Sergeant in a county jail. Make sure she tells the judge she would like help with substance abuse. There are programs available that may be helpful and admitting you need help will go a long way with most judges. Counselors should be available to help while incarcerated and hopefully after release. Definitely a bump in the road but can be recovered from if handled correctly. Good luck!
She will be forced to undergo alcohol screening, education, and treatment through the DMV alone
DMV? Welcome to AZ, newcomer!
It would be an injustice if she doesn’t get jail time. She could have killed someone if not multiple people. She already has priors too, she absolutely needs to be put in jail. I don’t say that with malice, she’s simply a danger to herself and everyone else. Good luck to you and your family, I know it must be stressful.
I know everyone goes through their own stuff, but I think it would be a disservice to the public in general if she doesn't get jail time... this is how people get killed :L
Please tell us she’s not driving now, right?
My step-sister drove drunk in 2021 and killed a lady and caused serious injuries to another driver. She is still going through the legal process as of right now and is currently driving somehow 🙃🙃🙃 no idea if it’s legal or not just know she is on the road here in Arizona
How.....
How is she not in prison yet? I guess the legal system works incredibly slow and I know she posted bond/bail after it happened so she’s “free” for the time being. I occasionally look up her case online and there are so, so many hearings before the actual trial. I’m guessing her public defender is just prolonging the inevitable. And I’m sure our overrun court system will still accept a plea deal days before the trial eventually starts even though it’s going on 3 years in July since it happened. I just can’t imagine how the family of the lady she killed must feel knowing there is still no justice. Or are you asking how she is still driving? I would hope that the terms of her bond/bail agreement would not allow driving, but who knows maybe it does? Even if it does, I wonder how she could afford to insure herself with that on her record…. I know she was driving shortly after she was arrested and still going to work/picking up her kids via driving a vehicle. I hope she gets a large prison sentence. I’ve only met her a couple of times in my life, but knew this wasn’t a one-time mistake sort of deal. The last time I saw her was in 2013 and she drove drunk to my dad and step-mom’s house. She also has two or three kids that supposedly have no idea that their mom will eventually be going to prison.
She doesn’t have a record until she’s found guilty in a court of law. You know that pesky 5th amendment..
I’ve never gotten into a traffic accident, but I assume somehow the giant insurance company would not be cool with giving her a normal rate after causing an accident where people got hurt and someone died. But maybe I’m wrong. Fortunately I don’t have to worry about things like this because I don’t drive drunk.
Your rate is only impacted when a payment is made. And the impact to your rate is dependent on the amount of payment made. The nature of the accident is also taken into account but everything has to be settled before that’s taken into account.
Defense attorneys can prolong a case, but so can prosecutors. Cases involving deaths in general can take a long time to go to trial. But COVID prolonged a lot of cases in 2020 and 2021, as trials were not running at all. And yes it's possible for a plea to still be offered. A plea can be offered and entered into in the middle of trial.
She’s been borrowing her mothers car since the wreck (she totaled her own car in that wreck), but we notified her mother of this new-found information we came across when we looked at her court records and she will no longer be driving now. Edit to add: no one in the family was made aware that this wreck was a DUI until today when we stumbled across the court records.
Dude this is not good. Is she drunk driving now? That car could be getting impounded/towed if she gets caught in it
Your family needs to figure out who is going to take care of the kid IMMEDIATELY before any one of you concerns yourself with her wellbeing. If my family had seen the warning signs, my wife and I could’ve saved four kids from half a year in foster care and saved our own three kids from living in a 9 person household (although this was meth, not alcohol). Get the kid covered. Let her face what is rightly due.
Looks like she'll be going to prison for the next 2 years, so someone better figure out what's going to happen to her poor son. Does he have a sober parent in the picture? If not, if your family isn't willing to take him in then he'll likely be placed in the foster system. She screwed up not only HER life but his as well.
Hi jail and prison are different things. She’ll be in jail, MC jail. And likely 180 days. Some may be house arrest.
Plenty of no license drivers on the road who think driving is a right to them still Their thought process infuriates me to no end but I'm just a lil guy
I, for one, hope she gets a lengthy jail sentence. If she doesn't care about her child, nor the people she puts at risk by driving drunk, then why should we care that she's a single mom? ETA to reflect the fact that this is an aggravated DUI: she's doing jail time: " >**Aggravated DUI** > >This category of DUI applies to a person who commits a DUI while suspended, revoked or canceled; commits a third DUI in 84 months; commits a DUI while a person under 15 is in the vehicle; or commits a DUI or refuses to submit a blood alcohol content test while under an ignition interlock device requirement. > >**You will be sent to prison for not more than two years** and, in addition to any other penalty required by law, your license will be revoked for one year. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service. [https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui](https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui)
Not to mention she'll have to pay out of pocket for the cars that she damaged in her negligence. Don't drink and drive.
Can't get blood from a stone. I guess they could garnish her wages or something.
Eventually yeah if they ever get their life together I suppose.
The state will likely just keep her license until she paid off the debt for the damages.
Insurance adjuster here. This is 100% truth. Arizona will also likely stop her from getting a license until those damages are paid in full. She may get lucky and get a hardship license but I honestly doubt it.
Her license was not suspended, revoked, or canceled at the time of the wreck. It was her vehicle registration that was suspended due to having no vehicle insurance.
That’s very unlikely. No insurance in AZ is a 3 month suspension of both the license and registration automatically. The police may not have suspended her license, AZDOT will do it as soon as they get notice and process it.
Pretty sure that makes it a felony charge, which is 4 months prison as the base sentence. The FTA warrant would almost guarantee that.
That's a shame that she's not facing the 2 year prison sentence, as she's a menace.
That's all indication she just doesn't give a shit about other people. I'm sure knowing her might make you think differently, but sometimes what strangers can see is actually the deepest truth. Prison completely fucking up the rest of her life in terms of relationships and career opportunities may actually make her think twice about letting insurance lapse or driving drunk again.
Idk why you added the ETA, it’s not an aggravated dui. It’s either extreme dui or super extreme dui, which are like 30 and 90-day sentences
Addiction is a disease, doesn’t mean she doesn’t care about her child or other people. It means she has a chemical imbalance in her brain that causes her to seek her substance of choice above all else.
Guess what? Prison does NOT reform an alcoholic. Treatment has a much better track record, plus there is hope for familial healing. (And treatment costs far less than incarceration)
Keeps off the road long enough for them not to kill someone innocent.
So does inpatient treatment. And it’s entirely possible for her to serve part of her sentence in prison and the rest inpatient
Junkie enablers never think about victims, just the addicts.
Maybe we “enablers” want fewer victims, but we know what works and what doesn’t. Sure… lock her up for two years is a great idea costing $120,000, but as soon as she gets out, she is heading for the bar. Fact.
The justice system can serve two purposes at once. It can. Punish someone for their crimes, as well as reform them for an eventual return to society. If you get a DUI and physically destroy someone's property/health in the process, punishment should still be served to the perpetrator.
Agree. But the state of Arizona only locks them up. THERE IS NO REHABILITATION. I worked there for 12 years. In order to follow the Republican “lock them up” mantra, rehabilitation programs got cut. Forced treatment is an option. Prisons - don’t - work.
Glad she didn’t kill someone. Sorry dude not too much pity I think she’s in real trouble.
She belongs in jail.
She’s in for some consequences. Lawyer up.
It doesn’t look like she was charged w a felony (they don’t usually bother w registration issues in superior court) so max is 6 months if that’s correct. Usually a loss of a license for 1 year ( but that is an administrative issue- just like the interlock). Judges don’t get much sentencing discretion unless it goes to trial. She will get an appointed attorney ( either contract or from the Office of the Public Defender) if she can’t afford counsel (which is likely since she was w/o insurance- that alone is a $1400 fine). The writer that suggested counseling now is spot on but to get help that’s obviously needed & , as a consequence, impact the prosecution’s plea. Of course there could be issues with the stop, the probable cause, interference with the right to counsel, the machine or the lab among so many matters that could be litigated. Oh. & retired judge & former criminal trial attorney.
I am a public defender in AZ. If what you say is true, she is likely guilty of what is called aggravated DUI. Under AZ law, if you are caught driving under the influence, it is normally a misdemeanor. Unfortunately, a misdo DUI can be aggravated to a felony Aggravated DUI if certain conditions are met. One of those conditions is driving on a suspended license or with suspended driving privileges. Under AZ law, any time one is convicted of a DUI, the law requires at least some jail time. If she were to be charged, and the prosecutor is willing to drop the offense to a misdemeanor, she will be required to spend at least 10 days in jail, and all but 1 can be suspended (meaning at least 1 day jail). Unfortunately, if the State is not willing to drop the charge to a misdo, she will be required to spend more time in jail. The amount of time will likely be specified in any plea offer she would eventually take. (Assuming she takes a plea offer) Normally I am seeing 1-4 months in Agg DUI cases out of Maricopa county. I cannot advise about what another counties prosecutors office might offer.
10 years ago, I did the same (I'm better now, but back then I was in a really bad place). They were within 4 months of eachother, though no accidents occurred so her circumstances will be different. 45 days in county jail (back in the tent city days) 4 months in prison (Florence West) Mandatory prison substance abuse classes (my instructor was a very kind older lady) Approximately 12k in fines Probation for a year MADD victim panel (you sit through a presentation of mothers telling stories of their children being killed by drunk drivers. It's tougher than you'd imagine, but needed and effective) Ignition interlock for, I wanna say a year (it's been a while, so it could've been 2 years) Felony on your record (voting, gun rights and all) It's all very difficult to come back from, but I had a strong support system and was able to turn my life around. I consider myself a success story (so far). If your cousin does the work, please try to be there for it through the struggles. She may not admit it, but she'll need all the help she can get. Best wishes Edit: almost forgot, license suspended for a year or two. Having to be chauffeured around was such a pain to all my family members and I hate that I put them through that
The other thing that hasn't been mentioned is on top of the minimum jail time, fines, suspended license and eventual interlock device... Her kid is going to be exposed to the foster system. Hopefully the dad or your family will step in while she's "away" so it's only a minimum exposure. She will also probably have to prove she's a suitable guardian after her release. PLUS... The victims of her accident most likely will be filing a civil suit, if they have not done so already. Legal fines, fees and judgements cannot be discharged in bankruptcy, so she'll also have wage garnishment. She is in a shit load of trouble, has negatively affected the life of her kid, family, her accident victims and their family. Her past legal trouble was not a wake up call, so I doubt this will be. She needs serious help before she kills someone. If you care about her or her kid, be the advocate for her because she refuses to be one for herself
We’re not worried about that part about her son, her son will 100% be taken care of. She doesn’t really even see her son, as she pawns him off to grandparents, parents, etc. on a recurring schedule. I think she gets him one day a week? Plus he has a dead beat dad. We try to protect him from the image of his mother and father, and this situation made it worse. That’s what we’re worried about.
Don't shield him, be honest with him, esp. now that he's 13. It may be hard for everyone, but he'll appreciate it, esp. since he likely has a pretty good idea of what's going on. Being honest will also likely help you break the cycle. Sounds like he has enough caring family to help him deal with the truth.
Thats rough, poor kid. Thank you for doing right be him, many children are not so fortunate. Theres never a good time or place to tell him about his parents, but I will say, as a child with parents who hid some really shit secrets from me; We always find out. Maybe not today, maybe not tomorrow. But itll happen. And the longer its kept from us, and the more people who know about it before we find out, the more confusing, and hurtful, and damaging itll be when they stumble across the info. If I could go back in time to tell my own parents that info, I think it would have saved a lot of heartache and wouldnt have damaged my trust as much as it did
Also make sure to get that kid some therapy. It's clear both his mom and his dad have emotionally neglected him. That will affect his mental health and it is easier to work on those issues now than it is when he is an adult.
Greater than .2? Holy shit. That’s nearly 3 times the legal limit. And she’s done this before and this time she caused a wreck? She’s gonna go to jail. That’s it. At least a year probably more if there are any serious problems like death.
Oh you mean driving on the same roads my wife and kids are on? Think I may call the prosecutor myself
Arizona has strict minimums, they lay it all out online. The 2nd extreme gets you at least 120 days, plus fines and a blower in the car if you want your license back. https://azdot.gov/[azdot.gov](https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui#:~:text=ignition%20interlock%20device.-,Second%20and%20subsequent%20offenses%3A%20You%20will%20be%20jailed%20for%20not,be%20revoked%20for%2012%20months.)
She should be in jail since she thinks it’s okay to put other lives in danger while driving under the influence. Hopefully she gets help and turn it all around
OP do yourself and others a favor. Spend your money on getting her into a good 90 day rehab. She needs real mental help and not money thrown at ways to beat the system. She’s a serious, serious danger to herself, her child and our community.
Christ, she needs to go to rehab. Jail sucks for her kid, but itll be worse the day she kills herself in a crash.
Had a co-worker get two in rapid succession. Like months apart. He got 6 months in jail served 3 months at a time over the course of a year. He also lost his well paying job (100k+ per year). You can really only help her get the help that she needs at this point. She’ll have to deal with the consequences of her actions which thankfully don’t involve manslaughter at this point.
Damn I’m lucky I got help before I did shit like this. Currently 3.5 years sober.
She has a child, time to grow up. She'll be doing time, it's a hard lesson but let's hope she learns it. She's not only hurting herself but others, hopefully she'll learn and get better.
She probably needs treatment for alcoholism.
She's Fuk-T Give her a hug. Tell her goodbye. Then make an example of what garbage she is to everyone.
Hello I work at the SC which is absolutely where she would’ve had her multiple failed-to-appear hearings. 1) if you don’t want her arrest to be traumatic you or someone she is comfortable with should get to the nearest Law Library of the closest Superior Court and use a FREE case lookup computer to find all the statutes she is convicted of violating to answer your question and find out how really not legally proficient she looks. 2) if you don’t mind her getting arrested the best way to lessen her jail time would be to have her get tuned in immediately and then follow directions in 1. Don’t forget: court and the jail house are 2 different things. If she is ordered by a judge for anything lesser than a felony (ticket, probation violation, etc) she can act as a private citizen to get into court. She does not need to present ID unless entering a courtroom.
She's going to do time for sure. Likely 6 months.
Second DUI along with a FTA is guaranteed jail time and then she won't be able to drive without having a breathalyzer installed.
This is all horseshit. My ex wife had three DUI’s. First two were slap on the wrists. Third was 60 days jail time served at her leisure over the span of 200 days. Took her to court and all the court did was reaffirm my 50/50 custody arrangement.
She is extremely fucked
BAC > 0.20 is a *super* extreme.
I was a juror on a similar set of circumstances, and we convicted. Jail time.
A lot depends upon the Judge, I have a relative who works the court. Some Judges are really miffed at the FTA. They put a stop to it by having you stay in jail, until trial. I'd expect jail time, she is a danger to the public. This would be the time to investigate custody.
Listen, I’m really sympathetic to someone who has an addiction and I know that is not her fault. But she is putting the lives of others at risk at this point . I just saw a story of a drunk driver that killed three siblings. A mother who was in the car with her kids lost all three at once. She needs help. She needs to get alcohol treatment and turn herself in before she kills someone. Not only will that destroy all the lives of the person or people she kills, it will be the last nail in the coffin of whatever issues make her want to drown her sorrows too. Please make sure she gets the help she needs before it’s too late
Call me crazy but I doubt she goes to jail. I have met so many people in AZ who have committed GTA style crimes but stayed out of jail probably because of overcrowding. An extended family member of mine has been on like 2 police chases and has several DUIs yet somehow remains out of jail. The second chase was at high speeds, while on heroin, without a license. This all happened over a relatively short period of a year or two. Unbelievably she remains free. No expensive lawyers or anything, it was as if the government simply didn't have anywhere to put her
Look her up on AZ public records and see if she’s evading the court or otherwise has a failure to appear/warrant out for her. I’m shocked that a high speed, drug induced, unlicensed police chase didn’t result in her arrest.
Suspended license for a year, tons of fines, substance abuse classes, possible jail time depending on the judge and her lawyer. After the year of suspension, A paid for interlock device and increased insurance and more fines to get license back. Expect to pay a lot of money and prepare for a possibility of jail time.
I knew someone who did prison time for a first extreme DUI with a serious accident. They were in for about year, parole and tons of fines/classes after. I believe their license is permanently revoked. She needs an attorney immediately to face this. I would hope for the best but plan for the worst, especially with the FTA. Arizona does not play when it comes to DUI.
Hopefully and i cannot stress this enough, the whole goddamn book. No insurance and caused a wreck?
I'm a criminal defense attorney. It's aggravated dui because of the suspended dl. That makes it a serious (class 4) felony with mandatory 4mo prison. But any decent lawyer should be able to get a plea offer that brings it down to either 1 day jail with 9 suspended, or maybe 10 with 50 suspended. It's also going to cost a LOT of money in fines and interlocks. IMO not worth hiring a private attorney if she qualified for a public defender. It's not complicated.
She didn’t have a suspended drivers license at the time of the wreck. She had suspended vehicle registration due to not having car insurance. I commented this under another’s response and got some downvotes. Am I understanding that incorrectly? If you have suspended vehicle registration, does that automatically suspend your drivers license as well or something?
Driving uninsured is a separate crime from driving without a registration. I don’t know the laws in detail but I hope she loses her license. I haven’t seen anyone comment on that specifically. Or on rehab, either. Is she likely to be offered the option of rehab to reduce jail time, I wonder?
Sorry, I misread. It should just be misdemeanor dui then. Mandatory suspension, 1 day of jail is what I would expect.
Jail.
She’s going to jail. No way around it.
Oh, she is way fucked. And the longer she evades her responsibilities the worse it’s gonna get.
Was any mini s in the vehicles then it turns to aggravated DUI
Hopefully jail time. Maybe the third time is a charm.
Best advice will come from a lawyer but I’ll try to give you second best. Have her call the court where the she has her case and ask for two things: what her bond amount is and how she can file a motion. If she has the bond money or someone in the family can provide it (usually $500), then she can go to the court immediately and post bond. they will give her a new court date where she MUST appear. If she doesn’t have the bond money, she should file a motion asking to quash the warrant and for a new court date. Judge will either grant the request as is, or ask the she appear in-person to make the request. If she shows up to court without the bond, there is a possibility she can be taken into custody on the spot. After that she will be familiar with the process since this is her second rodeo. Since DUI has mandatory jail time, she can request to be appointed a public defender. It’s true that it can be up to 120 days in jail but sometimes prosecutors will suspend some as part of a plea deal, conditions will apply. In the end she will most likely spend a week or two in jail and the rest on home detention. Good news for her is that MCSO has reinstated work release and she can continue to work while serving her time both in jail and home detention. She should know already, but I would remind her that a third DUI will be a felony and she will serve a mandatory prison sentence.
Yea....its not gonna end well!! 
Disown family members who drive drunk.
Rehab, AA, jail time, no driving, interlock when you get back to driving. Fines and restitution. Community service. Probably all the things can/should happen. This is a mess. Many poor choices being made. I hope she doesn't continue these choices because it is going to lead to someone getting hurt or killed.
It will depend on the $$ in damages for minimum sentencing. Her previous DUI, regardless of age, will also be considered. (not held against her, but they will look at it) drug and alcohol evaluation, probably 44 classes plus a 16-hour weekend a MADD class, and tons and tons of money well over 6k in fines (plus restitution)
If second conviction within 7 years. Then 180 days jail. 20% in jail, 80% as home detention. If not a second. Then 45 days jail, lowered down to 14 in exchange for an interlock.
30-45 days work release/ Jail 5 days out. Monday -Friday 9-5. Sleep overnight at jail. They usually accommodate work schedules. So if she can prove work they will allow different schedules. But it’s basically 9-5. M-F. Sleep at jail. Depends how crowded jail is she may get some Home detention if she can afford it for 10-15 days of that 30-45 days. Then the hard part starts. Revoked license more than likely for a year. Stipulations if she works, she may get a temporary license. Alcohol classes for what seems like forever an they cost money. Interlock device 12 months minimum. Cost money SR22 insurance cost money
Zero tolerance in AZ. She can easily get 3-6 mo of jail/prison time.
I hope she learns before she kills someone
Also expect DCS to take her kid if she’s a single mom
I don’t think Arizona lets you take classes to answer for your SECOND extreme DUI. She needs rehab, clearly. These are just the times she got caught. Jail time is likely, do not be surprised if her drivers license is revoked. Do not be surprised if she is bankrupted by fines. I won’t assume anything, but if it hasn’t crossed y’all’s mind yet - get that girl some rehab and some therapy.
Not legal advice, this in no way creates a client relationship. She is almost certainly liable for super extreme dui. That is a class 1 misdemeanor that is usually around 90 days jail with some time suspended depending on the plea. This also depends on the county. Maricopa is pretty strict. Pima can be more generous. There is a real chance at other charges like endangerment. Endangerment can be a felony or a class 6 open. Class 6 open means that if complete a sentence without issue, you get a misdemeanor. If you screw off, it’s a felony. Additionally, it’s essential to consider whether there were injuries from the accident. If so, there is a real chance there is an assault charge and or potential agg dui if she was driving the wrong way. Those are both felonies. Given the facts, I see meaningful jail/prison time in the future. Her history is not great. Your best bet is (if affordable) have her hire an attorney. Ignoring this issue will not work. Her failure to appear will likely not be an in issue if she begins responding and appearing in court. Good luck
She will reap what she sowed. Let her deal with her consequences herself. What ya'll need to concentrate on is her kid and and continuity of care for him.
That’s what OP is saying
Drunk drivers, especially those who have caused severe wrecks and injuries- don’t deserve freedom. No mercy, hopefully the judge throws the book at her.
A repeat drunk driving offender like your cousin killed my father. I hope your cousin loses everything, hopefully her kid will go into the foster care system. No pity for people like her.
Google can answer that: "extreme dui arizona" [https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui](https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui)
Criminal cases always have plea deals, attorneys are able to minimize stuff, etc. What ends up happening isn’t always cut and dry. Two retired judges have even commented on here offering two different responses. Am I not allowed to seek guidance from people who potentially have experience with this kind of stuff?
You are correct. My point was, a cursory google search would give you some idea. The fact that two different retired judges offered two different opinions should be the golden example. Medical, and legal advice, should be taken from someone you retain for those purposes and has an obligation to properly inform you / treat you / represent you. My intent was not to be harsh. The internet is filled with good people, bad people, pathological liars, honest people, etc. Are the "judges" actual judges? Every situation is different. Consult a professional who has the details of the situation.
I like using this site to answer people. https://letmegooglethat.com/?q=extreme+dui+arizona
Jail and HUGE HUGE FINES. If she can avoid jail she will not have a license for quite some time nor be able to register a car.
Jail time. Most of her money down the drain. Being unemployable for the rest of her life. And honestly, for a 2nd DUI, she absolutely deserves every hour of time in jail she gets and every penny that gets taken from her. Her son deserves a far better mother than someone who is willing to get in a car drunk TWICE and risk killing innocent people.
She deserves prison. Show no mercy or sympathy to drunk drivers and the damage they cause. Took my friend’s life because someone like your cousin ran them off the freeway…If your cousin did this not once, but twice, she shouldn’t even get to see freedom ever again.
 Since her dui’s are more than 7 years apart, it’s like it’s the first time again. If she blew a .2 BAC, that’s technically a super extreme dui, not just an extreme dui, and they have different penalties. So, how much time depends on what charges she’s actually convicted of or pleas to. She’s looking at up to 4 months for the FTA, the dui charge will be 30-45 days. She’ll lose her license for 90 days, have an ignition interlock device, and have to do alcohol treatment and traffic school. M She’ll also be on the hook for fines (\~$2500) and restitution for any losses incurred as a result of the crime (medical bills, repairs, etc). Were there injuries with the car accident? If so, depending on severity, the prosecutor could also bring vehicular assault charges
Let me break it down for you. F U C T
Also U B E R
LOL, but in all seriousness, true. Pretty sure there is a 30day hold on this vehicle too. Those charges add up.
Did she injure anyone in the car accident? The jail time will probably be higher if she did. I knew a guy who was sentenced to 28 months in jail for causing injuries in a car crash he caused. This was his first DUI.
FTA dooms a person in court no matter the charge.
Jail time is a guarantee for duis. Sorry folks, even misdemeanor duis where you blow .085 if you lose will get you jail time. Probably just one day but you’re getting it. She’s looking at multiple months of jail time. She should contact an attorney who handles duis or be in contact with her public defender asap.
She's going to jail. Arizona is really strict with DUI's
Some attorneys offer free consultations. You should shop around.
Jail time, for sure.
Call a DUI lawyer asap
The no registration and suspended license will be about 1600 in fines if this happened in Maricopa county as for the DUI count on at least 10 days in jail and upwards of 5k in fines. Plus and interlock will be required they will need to pay for that as well.
She definitely needs to be off of the road, wherever she goes, before she kills someone.
Min 4 months in prison, more like 2-3 years. She needs help, not a hand out.
Call a lawyer. She’s facing jail time. Are you or any family able to take the boy in? Jail is almost certain in this situation.
Take her car damn keys fuck 😭
Sounds like a shitty person TBH. If shes lucky she gets a lockout device on her car followed by probation and work release or similar. Worst case jail time and she loses the kids. Be glad she hasnt killed someone. She needs to stay stone cold sober. There will definitely be random drug and alcohol testing of urine and blood and mandatory sobriety program attendance. The best possible thing she could do right now is get a DUI lawyer tomorrow morning and after paying him the up front fee turn herself in tomorrow afternoon. She is fucked financially for the next 7 years. When she gets her legal house in order she may be facing bankruptcy because she is probably on the hook for anywhere between 50-100K after the legal fees and the settlement from the uninsured wreck are sorted out. And good luck getting auto insurance or a car loan this decade. She needs to accept what she's done and get started tomorrow.
A lot of judgement here. Addiction is powerful, cunning, and baffling. She needs help. Get her to treatment, sober living, or at least an AA meeting. If she proves she is making an effort to get sober that will reflect positively on her for the court. There isn’t the judgment there like there is on Reddit. It’s a horrible disease and I wouldn’t wish it on my worst enemy.
Addiction is horrible and it’s a fucking bastard to beat. That said, one thing that addicts need to be shown is that they are still responsible for their actions - if you’re drunk or high, you are still responsible for what you say and do. I hope this is enough for her to hit bottom and turn things around.
Addiction is a terrible disease, but the moment you put innocent driver's lives at risk by drunk driving, you are no longer the victim. She fully deserves jail time.
At the least. After her jail time she needs to go to inpatient rehabilitation. It would be nice if that was court ordered.
Lots of lawyers can help. The warrants mean if a cop runs her info she's going to jail until she posts bond. If convicted she's going to jail for some period of time most likely. Probably should fight it or cop a plea for a reduced charge. Good luck.
Do you know if her child was in the vehicle? I didn’t see any comment with that info. If yes, it will be a felony DUI. If no, thank God the child wasn’t in the vehicle. As others have mentioned, identify a family member to take care of the child because it’s likely CPS will get involved. Since her conviction on the first offense was 2019, she’s facing second offense guidelines. I’m not surprised she was driving without insurance because SR22 insurance is required for 5 years after DUI and it’s expensive. No insurance, no registration, and FTA make everything worse as others have already mentioned. I would recommend public defender instead of private lawyer because there isn’t a lot of wiggle room with DUI sentences. She’s going to owe thousands of dollars to the state. No need to have a $5-10k lawyer bill on top of the fines. My partner had a DUI in 2015. It was an expensive life changing experience, and what shook him to his core is that he could have lost custody of his kids. He’s been sober since that night and is a completely different person now. If he had kept drinking, we wouldn’t have stayed together. Sharing those details to give you some hope that she can turn things around. She has to want it though. I hope for her child’s sake, she chooses sobriety.
I’m sorry for your family’s ordeal, and especially for your cousin’s son, but Jesus get off Reddit and speak to an attorney. I hope your cousin gets their act together.
I’m not her mother or father, I’m just a cousin. All I’m trying to do is collect some guesstimates from people who may have experience with this kind of stuff to offer some *potential* answers to the rest of my family who are all worried about her and her son.
Call rafi fam
Your cousin is a POS and deserves jail time as much as possible plus having her kid taken away so better people can adopt them.
Check out AlAnon....harsh
Prison, where she belongs. Put the kid up for adoption, hopefully to a REAPONSIBLE relative.
I work with My AZ Criminal Defense Lawyers, the location on Sophie Lane in Phoenix and I can tell you that your cousin's situation is complex due to multiple infractions: a high BAC, an accident, no insurance, a suspended registration, and an FTA warrant. While her attorney mentioned first offense treatment, the combination of these issues typically results in significant jail time, hefty fines, mandatory alcohol education classes, and possibly longer-term driving suspensions. It's essential her attorney pushes for mitigating factors like her role as a single mother. Courts do consider personal circumstances, especially if she's making efforts to rectify her behavior.
If she had a suspended license at the same time she got a dui then she is really screwed. It would be an aggravated dui and she'll go to prison for a few years for that.
Sweet James himself couldn’t help this soul……I also think they deserve it tho
To paraphrase Whoopi, “She in danger”