What is home detention?
If you have been convicted of a DUI and your sentence includes jail time, you may be eligible for home detention. Home detention, or house arrest, is a program that allows you to serve a portion of your sentence at home while your location and consumption of alcohol or other drugs is continuously monitored.
Who gets it:
You must be eligible for the program. To be eligible:
1) you must be employed in the County in which you are incarcerated
2) you agree to pay the costs for all electronic monitoring fees, unless, following determination that you are unable to pay, the sheriff assesses a lesser fee
3) you do not constitute a risk to self or other members of the community
4) you do not have a history of violent behavior
5) you have not been convicted of a serious offense as defined in ARS § 13-706 or been sentenced as a dangerous offender pursuant to ARS § 13-704 or repetitive offender pursuant to ARS § 13-703
6) your jail time is being served as a result of a misdemeanor conviction and not a felony conviction
7) your sentencing judge has not rendered you ineligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program
8) you are not being held for violations in any other jurisdiction.
How it works:
Be aware that the court in which you are sentenced must have a home detention program in place before you will be offered that option. There have been some exceptions to this rule but many courts are reluctant to offer a home detention program unless the court has a program and system in place to monitor completion and/or violations of the program. For example, although individuals sentenced in justice court are eligible for home detention, because the County (at the time of this writing) does not have a vendor system in place many justices of the peace will not permit this option. However, if medical conditions exist or the court can be convinced that it will be notified of a violation, some justices of the peace may allow home detention. All city courts in the greater Phoenix area have accommodated home detention programs.
There are technical requirements. You must have an analog phone line (land line) installed in your home. Today, many of us use only cell phones or digital land lines – neither of these options will accommodate a home detention program. You must also be able to wear an ankle bracelet which contains a GPS device to monitor your whereabouts 24 hours a day.
A breath testing device is connected to your analog phone line and the home detention service may call you at any time of the day or night to ensure you are home and ask you to submit to a breath test. Typically, breath testing takes approximately 15 to 30 minutes for complete administration. Many of the services provide you with a warning that you will be expected to perform a breath test within the next five (5) to fifteen (15) minutes.
Voice-recognition software is used to ensure that you are the individual who is being breath tested over the phone line. You will be asked to say identifying words after strapping a breath test mouthpiece onto your face. You will recite the voice-recognition assigned words and then be asked to breath test. If you attempt to remove the straps that attach the breath test device to your face prior to completing the breath test, you will be considered to have failed the test.
If you leave the premises during a time that you are ordered to be on that premises without permission or you fail to successfully complete a court ordered alcohol or drugs screening, counseling, education and treatment program, your home detention may be terminated. You will then be required to complete the remainder of your sentence in jail and may be deprived of the benefit of work release.
The Legal Jargon: Arizona Revised Statutes § 28-1381 and 28-1382. Arizona Revised Statutes § 11-459. Arizona Revised Statutes § 9-499.07
If you or a loved one have been charged with a misdemeanor or felony DUI, it is important to have an experienced DUI attorney on your side. At Beauchamp Law Office, P.C., we have veteran DUI attorneys who want to handle your case and guide you through this difficult time. If you or a loved one has been charged with a DUI, every day counts. Contact us today to schedule a free consultation. At Beauchamp Law Office, we listen, we care, and we want to help.
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