Green Valley DUI Court

By Marlene Avelino

May 31, 2024

Green Valley has a new DUI Treatment Court, and Deputy Court Administrator Joe Ferguson made the long drive up to the Ward 3 office share their successes. He was joined by City of Tucson’s Chief Public Defender, Mary Trejo, who hopes to start up a similar program for Tucson. 

^{Chief Public Defender for City of Tucson Mary Trejo, Deputy Court Administrator for Green Valley Joe Ferguson, Me, Vice Mayor Dahl, and CJ Boyd during the meeting.}

Diversion programs in general provide offenders an opportunity to participate in support and counseling rather than proceeding through the court system and establishing a criminal record. Arizona is known for having the most rigorous DUI laws in the nation and yet, according to Mothers Against Drunk Driving (MADD), about one-third of all drivers arrested for drunk driving are repeat offenders.

^{DUI Treatment Court brochure.}

With the passage of HB2673 in the state legislature, local jurisdictions now have more discretion in how DUI cases are managed. Previously, minimum rulings were dictated by state law. The program in Green Valley is a national model tailored to suit the needs of its residents, with a focus on those that are high-risk, high-need, and most likely to re-offend. The punitive approach may work for some, but for many, treatment requires addressing the root causes of reckless choices.

^{Antonio Gonzalez became the first graduate of Green Valley Justice Court's DUI Treatment Court. Celebrating the day with him are, from left, his sister, Sylvia Bernal, his mom, Ana Maria Bernal, girlfriend Charlize Juarez, and Judge Ray Carroll. - Photo courtesy of Kim Smith Green Valley News}

DUI Treatment Court is pre-adjudication - that means people who qualify are enrolled in the program before the trial happens and before a judgment. Graduates of the program receive the lesser charge of Reckless Driving - this means a DUI never makes it to their record. While there are significant costs to the participants for the program - drug testing, therapy, transportation, and fees, it is much less expensive than a DUI charge - which can add up to about $12,000.

The program itself can take as little as six months for 1st and 2nd time offenders and a minimum of 18 months for felony diversions. There is regular and random drug testing, sobriety classes, and appearances before the DUI Treatment Court's Judge Ray Carroll. Joe shared that he is a kind of ‘den mother’ to the 20 people currently enrolled and finds it hard to give up on people. If one thing doesn’t work or someone has a relapse, he is there to support them and get them back on track. 

So far the program has a 100% success rate and no one yet has dropped out. While they are still in the first year of their pilot program - things are looking really good.