It is expensive for the government to house inmates in jail. Accordingly, officials have set up alternative programs, such as those permitting home detention following a DUI conviction. If you have been arrested for drunk driving and are interested in serving part of your sentence at home, contact Phoenix DUI attorney James E. Novak for a consultation. As a former prosecutor, Mr. Novak brings his experience and understanding of the criminal justice system to advise and represent you in fighting your DUI charge.
There is a range of alternatives to jail for low-risk offenders, such as drivers convicted of DUI for the first time. One of the most commonly used is home detention. The statute relevant to this issue is Arizona Revised Statutes (A.R.S.) section 9-499.07. Under Arizona law, twenty percent of your sentence must be served in jail before you can serve the remainder in home detention.
Section 9-499.07 provides that a town or city, such as Phoenix, can establish a home detention program, along with community restitution and prisoner work programs for eligible sentenced prisoners. The programs are to be treated the same as jail confinement. You aren’t eligible for any of these programs if: (1) you’re found by the city to constitute a risk to yourself or others in the community, (2) you’ve got a record of violent conduct, or (3) the sentencing judge declares you’re not eligible for the programs at the time the sentence is passed down. If you’re chosen for a home detention program, the city can require you to undergo electronic monitoring whenever you’re not at a regular place of employment or performing community service.
If you’re a first time DUI offender with a simple DUI charge, you need to be sentenced to at least 10 days in jail if your blood alcohol content falls between 0.08% – 0.15%. Nine of the days may be suspended if you complete drug or alcohol abuse counseling, screening, or treatment.
After serving some portion of your jail sentence, you’ll need to go to an orientation, receive a breathalyzer device, and have a GPS tracking device installed in your home. Generally, you will need to stay at home; however, the court may permit certain activities like going to treatment, work or court dates. You’ll need to agree not to use alcohol throughout the sentence. If you can’t comply with the requirements imposed by home detention, you’ll need to complete the rest of your sentence in custody. If you have questions about eligibility for home detention following a DUI conviction or have any concerns about complying with the restrictions, discuss these with your defense attorney.
If electronic monitoring is required, you’re required to stay under the control of a device. Monitoring devices are used to make sure you stay at home aside from permitted activities. One type of device is an ankle bracelet connected to a receiver installed in your home. So long as the transmitter stays in range, the receiver will identify the signal and thereby make sure you stay compliant with a curfew and any other geographic restrictions. The range of the receiver is 35-150 feet. However, if you leave the acceptable range, a computer will record it as an event.
The other tool that may be used to monitor you is a device known as a home sobrietor that will perform breath testing during the periods in which you are required to be at home. The device sets off an alarm that requires you to randomly submit to a breath test. The purpose of this is to make sure you don’t drink alcohol. The test makes use of voice verification and proximity sensors to make sure you are the person who is taking the test.
In some cases, a city or town may implement a telephone contact system of monitoring. You may face additional restrictions such as random alcohol testing or a prohibition on associating with people who are considered detrimental to your successful participation in the program.
Our principal attorney James Novak has many years of experience defending people charged with drunk driving crimes in the Phoenix area including in Gilbert, Tempe, Chandler, Mesa, and Scottsdale, as well as throughout Maricopa County. Call him at (480) 413-1499 or contact him through our online form.