Home Detention Also Known As House Arrest: How Does It Work?

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, if the county (at the time this book went to press) does not have a vendor system in place, many of the 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, but neither of these options will accommodate a home detention program. You must also be able to wear an ankle bracelet that contains a GPS device to monitor your whereabouts 24 hours per 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 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 without permission during a time that you are ordered to be on that premises, or if you fail to successfully complete a court ordered alcohol or drug 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: A.R.S. § 28-1381 and § 28-1382; A.R.S. § 11-459; A.R.S. § 9-499.07.

If you have been charged with a DUI call the Arizona Criminal Defense Attorneys at Oracle Law Group Office.