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 Health & Beauty | January 2007 
Arizona Drivers May Soon Be Able to Pay Their Way Out of DUI Jail Time
 Howard Fischer - Capitol Media Services
| | Motorists who are extremely intoxicated could soon escape doing any jail time at all - if they can afford the cost of a residential treatment program. |
Motorists who are extremely intoxicated could soon escape doing any jail time at all - if they can afford the cost of a residential treatment program.
Legislation given preliminary Senate approval Thursday would require those convicted of extreme DUI - having a blood-alcohol content of at least 0.15 - to serve the full 30 days in jail as required by law. SB 1026 would repeal existing provisions which let judges suspend all but 10 days of that if individuals complete court-ordered drug or alcohol screenings or programs.
But the approval came only after Sen. Jorge Garcia, D-Tucson, tacked on a provision which lets a judge eliminate the entire jail term if the person completes a 30-day residential treatment program.
Sen. Jim Waring, R-Phoenix, pointed out that creates a curious disparity in state law.
Individuals convicted of just driving under the influence - meaning a BAC of at least 0.08 - must serve at least one full day behind bars. But under the now-altered legislation, an even more intoxicated driver might never see the inside of a jail cell.
"You won't have to serve any time at all as long as you can afford a nice rehab center," Warning complained. "You'll spend your 30 days in a rehab facility instead of jail, where you belong."
Garcia did not dispute Waring's factual contention, though he disagreed with the argument that jail is where all drunk drivers belong.
"You can do the 30 days in jail if you want to," he said. "But if my mom or my dad wants to pay my admission fee for treatment at Sierra Tucson, it's good for society." Nor did he deny that those convicted of extreme DUI who agree to treatment would face less jail time than those who were less intoxicated if they got treatment. But Garcia said if he had his way, all drunken motorists would get the choice of treatment or jail.
Waring said that creates two classes of justice based on wealth.
And figures from Sierra Tucson suggest that well-known treatment facility is not for those of limited resources: The rates beginning Feb. 1 for addiction disorders are $1,285 a day.
Garcia said he was troubled by the fact that only those people who can afford residential treatment programs would have that as an option.
"I struggled with that," he said.
"But the reality is it doesn't do any good to send someone who got an extreme DUI to jail just to punish them," Garcia continued. "We ought to give them the option of saying, 'Hey you've got a problem with your alcohol. You need to go get some treatment."
Waring said he agrees with Garcia on one point: People who have drinking problems should get treatment. In fact at one point his legislation included a requirement not only for jail time but also a mandate to complete approved education or treatment programs - though the length of those was not specified.
But Waring withdrew that amendment, saying the issue will be addressed later this session: Sen. Linda Gray, R-Glendale, has a proposal to require screening and possible treatment of all convicted drunk drivers.
Where that treatment would be is not specified. Garcia said those who believe that programs like Sierra Tucson and the Betty Ford Clinic are little more than vacations are wrong.
"They may be in cushy surroundings," he said. "But the really is hard work for anyone who goes through a 30-day program." |
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