Navajo County DUI Court Guide

Navajo County DUI Court Process

Being arrested for DUI in Navajo County, Arizona, can be a frightening experience. This guide provides a step-by-step overview of the court process, potential penalties, and resources available to you. Understanding the system is the first step toward navigating it effectively.

Which Court Handles DUI Cases?

DUI cases in Navajo County are typically handled in one of the six Justice Courts or, in some cases, the Superior Court, depending on the severity of the charges. The Justice Courts are:

• Holbrook Justice Court: Located at 121 West Buffalo, Holbrook, AZ. Jurisdictional areas include Holbrook, Joseph City, Woodruff, and portions of the Navajo Nation (Indian Wells, Jeddito).
• Winslow Justice Court: Located at 605 East Third Street, Winslow, AZ. Jurisdictional areas include Winslow, Dilkon, Leupp, and large sections of the Hopi and Navajo Reservations.
• Snowflake Justice Court: Located at 145 South Main Street, Suite D, Snowflake, AZ. Jurisdictional areas include Snowflake, Taylor, Heber, and Overgaard.
• Kayenta Justice Court: Located 1.5 miles east of Hwy 163, Kayenta, AZ. Jurisdictional areas include Kayenta, Shonto, Chilchinbito, and Monument Valley.
• Show Low Justice Court: Located at 550 North 9th Place, Show Low, AZ. Jurisdictional areas include Show Low, Linden, and Clay Springs.
• Pinetop-Lakeside Justice Court: Located at 1630 East White Mountain Blvd, Pinetop, AZ. Jurisdictional areas include Pinetop-Lakeside, Whiteriver, and Ft. Apache.

To find your specific court date and location, you can contact the Navajo County Clerk of the Superior Court or consult the citation you received at the time of your arrest. Note that while official hours may be listed as 8 AM to 5 PM, smaller courts may close their clerk windows for lunch from 12 PM to 1 PM.

The Court Process Timeline

1. Arraignment (First Appearance)

• When it happens: The arraignment is your first appearance in court. It usually occurs within a few days or weeks after your arrest.
• What to expect: At the arraignment, you will be formally advised of the charges against you, and the potential penalties. The judge will also review any conditions of release, such as bail.
• Entering a plea: You will be asked to enter a plea of "guilty," "not guilty," or "no contest." Entering a plea of not guilty does not mean you are denying the charges, but rather that you are asserting your right to a trial.
• Getting a court-appointed attorney: If you cannot afford an attorney, you can request that the court appoint one to represent you. You'll need to fill out paperwork demonstrating your financial need.

2. Pre-Trial Hearings

• Discovery process: This is the stage where your attorney receives evidence from the prosecution, such as police reports, breathalyzer results, and witness statements.
• Plea negotiations: Your attorney will negotiate with the prosecutor to potentially reach a plea agreement. This could involve pleading guilty to a lesser charge or receiving a reduced sentence.
• Typical plea deals in Navajo County: Plea deals vary depending on the specifics of your case, but they often involve reduced charges, fines, community service, and alcohol education classes. The complexity of the Navajo County justice system, particularly the reliance on private tow yards and strict statutory notice requirements, can sometimes lead to procedural errors. A skilled attorney may be able to leverage these errors to negotiate a more favorable outcome.

3. Trial (If No Plea Deal)

• Jury vs. bench trial: You have the right to choose whether your case is decided by a jury or a judge (bench trial).
• What prosecution must prove: The prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs.
• Common defenses: Common defenses in DUI cases include challenging the accuracy of the breathalyzer test, arguing that the police lacked probable cause to stop you, or demonstrating that you were not impaired.
• Typical trial length: DUI trials can last from one to several days, depending on the complexity of the case.

Penalties for DUI in Navajo County, AZ

Penalties for DUI in Arizona are defined by state law and can vary based on factors such as your blood alcohol content (BAC) and any prior DUI convictions.

First Offense

• Jail time: A.R.S. § 28-1381 outlines that a first-time DUI offense can result in a minimum of 10 days in jail, with the possibility of up to six months.
• Fines: Fines can range from $1,250 or more, plus surcharges.
• License suspension: Your driver's license can be suspended for 90 days.
• Other requirements: You may be required to complete alcohol education classes, perform community service, and install an Ignition Interlock Device (IID) in your vehicle.

Second Offense

A second DUI offense within seven years carries significantly harsher penalties:

• Jail time: A minimum of 90 days in jail, with the possibility of up to six months or more.
• Fines: Fines can be substantially higher, often exceeding $3,000, plus surcharges.
• License suspension: Your driver's license will be revoked for one year.
• Mandatory IID: Installation of an IID is mandatory for a longer period.

Third Offense

A third DUI offense is a felony under Arizona law:

• Prison time: You face a mandatory prison sentence.
• Fines: Fines can be extremely high, often exceeding $10,000.
• Permanent revocation risk: You risk permanent revocation of your driver's license.

Court Programs in Navajo County

• Diversion programs: While not always available for DUI offenses, some individuals may be eligible for diversion programs that allow them to avoid a conviction by completing certain requirements, such as alcohol education and community service.
• Drug court: Navajo County may offer a drug court program for individuals with substance abuse issues.
• DUI court: Specific DUI courts are less common in smaller counties like Navajo, but the existing court system may incorporate elements of a DUI court model, such as intensive supervision and treatment.
• Community service opportunities: If ordered to perform community service, you can explore opportunities through local non-profit organizations.

What to Bring to Court

• Photo ID: A valid driver's license or other government-issued photo ID.
• Court summons: The official notice you received informing you of your court date.
• Any documentation: Any documents relevant to your case, such as proof of insurance or vehicle registration.
• Professional dress code: Dress respectfully. Avoid wearing casual clothing such as shorts, t-shirts, or hats.

Local Court Procedures

Navajo County's court system presents some unique logistical challenges:

• Kayenta Time Zone: The Kayenta Justice Court operates on Navajo Nation, which observes Daylight Savings Time. This means that from March to November, Kayenta is one hour ahead of the rest of Arizona. Failing to account for this time difference can lead to missed court appearances and warrants.
• "Open Court" in Pinetop-Lakeside: The Pinetop-Lakeside Justice Court holds "Open Court" every Tuesday at 11:30 AM. This offers a rare opportunity for defendants who have missed a previous court date to voluntarily appear and quash any outstanding warrants, potentially avoiding arrest.
• Payment Systems: All courts utilize AzCourtPay for online fine payments.
• Security: Security screening is mandatory at all court locations. Cell phones are generally prohibited in the courtroom.
• Lunch Closures: While official hours are 8 AM to 5 PM, smaller courts (especially Precincts 3, 4, and 6) often close their clerk windows for lunch from 12:00 PM to 1:00 PM. Filing motions during this time is impossible.

Frequently Asked Questions

1What happens if I miss my court date in Navajo County?

Failure to appear in court will result in a warrant being issued for your arrest. However, the Pinetop-Lakeside Justice Court offers "Open Court" every Tuesday at 11:30 AM, providing an opportunity to voluntarily appear and address the missed date.

2Where will my vehicle be impounded after a DUI arrest in Navajo County?

Navajo County uses a rotation list of private towing companies. Depending on where you were arrested, your vehicle may be impounded by companies like Tri-R Towing (serving Winslow/Holbrook/I-40) or Blacktop Towing (serving Show Low/Mountain Region).

3How can I pay fines or fees associated with my DUI case in Navajo County?

All Navajo County courts utilize AzCourtPay for online fine payments. This is especially helpful for non-resident defendants who cannot easily appear in person.

Sources

• Arizona Revised Statute (A.R.S.) § 28-3511
• Arizona Revised Statute (A.R.S.) § 28-3513
• Arizona Revised Statute (A.R.S.) § 28-4847
• Arizona Revised Statute (A.R.S.) § 28-1381
• Holbrook - Arizona Department of Transportation
• Pinetop-Lakeside | Navajo County, AZ
• Sheriff | Navajo County, AZ
• Navajo County Pretrial Services
• (https://www.navajocountyaz.gov/390/Bail-Bond-Information)
• Navajo County Staff Directory • Justice Courts