Interviewer: I’m sure people will also say to you, is there any way I can avoid jail? Are there any alternatives? Can you keep me out of jail? Can you do that? Or, do people who are convicted have to spend at least some time in jail?
Brian: Really, the only way of keeping someone out of jail is to be able to get a reckless driving, or to get a not guilty verdict, or to get the case dismissed. Under every DUI law you have to do at least one day in jail. Now I have been successful in Scottsdale, where in reality, legally, they shouldn’t be able to do it, but somehow I’ve been able to work out an arrangement for my clients, so that the time that they spend with officers being investigated for DUI counts as the one day in jail.
I don’t think too many attorneys are aware of this, but it’s something that in my experience I’ve been able to figure out. Scottsdale may be one of the few places where a person can be convicted of DUI and not have to spend any days in jail based on the short amount of time that they have spent with the officer undergoing the DUI investigation. Really it’s not legally appropriate, but I’ve been able to get it done.