Fort Defiance, AZ asked in DUI / DWI for Arizona

Q: I have warrant for first time DUI in Arizona for over three years. Does having a warrant that long increase jail time?

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1 Lawyer Answer
Stewart Salwin
Stewart Salwin
  • DUI & DWI Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: There are no guarantees as to what will increase or decrease jail time. Arguments to "aggravate" or "mitigate" a sentence can be made by the defense attorney and the prosecutor, and the judge will ultimately make the decision. If your defense attorney can successfully show that the 3 year-long warrant period was a mistake and you didn't know that you had it until you were pulled over by the police, that could persuade a judge not to aggravate your sentence. Depending on the type of DUI that you are charged with, there will be a mandatory minimum amount of jail time you are facing if you are convicted. This minimum jail time is set by law and depends on your BAC, the number of DUIs that you have had, and whether it is charged as a misdemeanor or a felony.

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