The simple reality is, nobody knows. Because this pandemic is new for everyone, it is impossible to accurately predict what tomorrow has in store, let alone how life will look post-coronavirus. State judiciary and law enforcement have had to continuously react in real time. This has resulted in law practices continuously changing and put many people’s cases in an everlasting flux. While making future predictions is impracticable, we have some idea on how the coronavirus pandemic could affect your case.

Court Restrictions

In order to help reduce the spread of the coronavirus, Arizona’s courts are limiting the amount of people in their courtrooms. To do this, courts are controlling who can come into the courtroom. Also assisting the judiciary’s effort to limit the amount of people in court rooms, Arizona’s prosecuting agencies are becoming picky with whom they decide to bring charges against. By being more selective in their charges, fewer people are called into the courts to defend themselves. While currently fewer people are being called into the courts, prosecutors around the state are promising to eventually bring charges against those committing crimes. For example, Maricopa County Attorney Allister Adel when commenting on the current reducing of charges filed said, “those who committed crimes during this time will be held accountable when it is safe and prudent to do so.” Those comments indicate that once the virus is under control, the flood gates will open. The concern is that the prosecutors will file their huge backlog of charges, overwhelming the legal system.

This has created issues for the courts that likely will continue even once the virus has slowed. Before any person had even heard the word “coronavirus,” the Arizona courts had lengthy backlogs of criminal cases. As a result, once the coronavirus responses kicked off, the backlog of cases was pushed even further back. However, during that time crime continued to be committed. A pandemic does not suspend laws and people continued to break those laws. So, cases were continuously being added to that pushed back backlog.

Now that backlog mole hill has become a mountain of cases that county attorney’s offices have limited ability to resolve. According to one assistant in an Arizona Superior Court, their backlog has extended from months to a year or more. The courts are clearly struggling on how to handle these backlogs. In order to assist the courts and prevent additional trials, prosecutors may opt to let lower level crimes go. As a result, prosecutors may be more inclined to make more favorable plea deals.

Coronavirus and DUI Charges

The presence of coronavirus does not mean laws are no longer present. Law enforcement officers still patrol the streets, looking for any suspicious behavior. While the focus may be on more extreme crimes, misdemeanors are still being charged. For example, in the month of April, 324 cases were charged in Maricopa County. Of those, 283 were felonies. Only 59 were misdemeanors. Obviously the vast majority of cases being charged are not misdemeanors. From this you may be led to believe that because driving under the influence is a misdemeanor, that law enforcement and prosecutors have become lax on punishment. You would be mistaken.

If you opt to drink and drive, you still run a high risk of being stopped. Once an officer has stopped you, they will still conduct an investigation to determine whether any violation of the law has occurred. Because officers are still making arrests, if you are found to have been driving under the influence you should not expect to be let go or put into a cab and sent home. Instead, expect to be arrested.

What follows the arrest highly depends on what jurisdiction you are arrested in. For example, in some jurisdictions, after being arrested on DUI suspicion you may not spend the night in jail. Instead, the officers would ask if anyone else can drive you home. If someone is available, the officers will issue you a citation and release you into their care. That citation has instructions that generally tell you to report on a certain day to the local jail for booking information. On that day, you will report to the jail and have your fingerprint and mugshot taken. Later, the prosecutor will review the circumstances of your case and decide whether or not to proceed with filing a charge against you.

In other jurisdictions, you may face the traditional arrest process. You will be arrested and taken to jail. There, you will likely undergo a chemical test before being placed in a cell for the night. After spending your night in jail, typically you will be released into someone’s care. If not released, then you will be held until an initial appearance is held in front of a judge. While law enforcement and the judiciary desire to regulate the amount of people being placed into jail, the laws and consequences for misbehavior remain unchanged. If you are arrested for a DUI, then you absolutely need representation to ensure you have the best possible chance in the courtroom.

DUI Penalties

Considered by Mothers Against Drunk Driving to be the most strict state in the nation, Arizona has brutal DUI laws. While a traditional DUI charge occurs only when someone is driving with a blood alcohol content level of 0.08 or more; as a zero-tolerance state, Arizona law enforcement has the liberty to arrest and charge anyone they suspect is driving while impaired or intoxicated. Therefore, DUI charges are exceedingly common. Once convicted, Arizona DUI law contains harsh penalties.

A first offense for DUI with a BAC 0.08% or more is a class 1 misdemeanor. If you are found with a BAC level less than 0.08% but still impaired under A.R.S. § 28-1381(A)(1), then you also would be facing a class 1 misdemeanor. Both these DUIs carry a minimum ten days in jail (nine of those days are typically suspended.) You would be required to pay fines and fees, as well as have your driving license suspended. Next, your vehicle would require the installation of an ignition interlock device. Lastly, you may be placed on probation and be required to serve community service and receive a drug/alcohol assessment. These consequences are serious and costly. Thus, it is crucial for your case that you acquire an attorney who understands Arizona DUI law and can help you.

Let Us Help

Any DUI can result in serious and harsh consequences. Fighting a DUI requires a team of highly experienced DUI lawyers to ensure you receive the best result possible. Let Phoenix Criminal Lawyer’s criminal lawyers and their knowledge of Arizona’s DUI law guide you through the process. The legal battle ahead will be led by strong representation and diligence.