What if I Spend Time in Jail
Depending on the amount of jail that you are sentenced to, there are several options.
First, most courts allow you to pick the date that you wish to report to jail within 30 days from the sentencing date.
That allows you to report on any day within that 30-day period depending on your own personal schedule.
For example if you work weekends, it is possible to get a report date during the week.
Alternatively, if you have a work schedule that occurs within the “normal” workweek, you can do your sentence on the weekend. Keep in mind that the jails in Arizona are open seven days a week and 24 hours a day.
As such, most jails accept report dates on any day of the week and at any time of the day or night.
Second, if you are sentenced to more than one day for a first-time misdemeanor DUI, most courts allow you to do work release for any time after the mandatory minimum of 48 hours in custody.
Work release is subject to eligibility and requires that you be “pre-screened” by the jail to have your eligibility determined.
Work release entails 12 hours in and 12 hours out with the 12 hours in done overnight.
A person eligible for work release is generally released from jail from 6 a.m. to 6 p.m.
Third, some cases result in greater than 15 days of jail (second offenses or cases with aggravating factors).
If you are sentenced to greater than 15 days, it is possible to have home detention granted for a portion of your sentence.
Generally, a person who is eligible for home detention must be screened to have their eligibility determined and then must serve at least 48 hours of jail straight followed by 13 days of work release with the remainder of their sentence completed on home detention.
Lastly, in some limited felony matters, it is possible to seek work furlough.
Work furlough is similar to work release and is subject to the same eligibility requirements, but is left entirely up to the discretion of the sentencing judge.
If you have to spend time in jail, you do have options. Discuss these in detail with your attorney during your consultation.