Q: If someone has a prior DUI and got a new one what chances does he have to get minimum sentence and serve in tents.
There is a possibility at getting the minimum sentence. However, a lot will depend on the BAC. if the BAC is under .15 the minimum sentence is 90 days in jail with 60 suspended. If .15 to .199 the minimum is 120 days. If over a .2 the minimum is 6 months, which is also the max. Please visit http://www.aaronblacklaw.com/phoenix-dui-lawyer.cfm to read about the minimum DUI sentences.
It is in the best interest of the person charged to hire an experienced DUI attorney. Though it may seem like a case is cut and dry based on the BAC, there is much more to the case. A lawyer needs to evaluate if the stop was good, if the arrest was good, if constitutional rights were violated and if the blood/breath was taken properly.
Contact an attorney, and good luck.
Criminal & DUI Defense Attorney
Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
A: If your charge is and remains a misdemeanor, you are likely going to be able to serve any time in the tents, if not a portion in home detention. Prior DUIs are only priors for 84 months, so speak with a lawyer to determine if in fact your are eligible for the minimums, which are as little as 10 days in jail with all but 1 suspended.
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