Home Detention After DUI in Arizona
If you are found guilty of driving under the influence of alcohol in the state of Arizona, you will face significant penalties. For one, you will lose your driving privilege. Your auto insurance rate will jump higher. Your will be fined. Furthermore, you will have a black mark on your driving record. The fact that you might go to jail is salt in the wound. It is particularly interesting to note the state law pertaining to jail sentences for DUI has changed, setting the stage for a portion of the sentence to be served in home detention.
Arizona Home Detention Details
According to A.R.S 12-251.15, home detention can be used for individuals eligible for this alternative to jail confinement. Though Maricopa’s County Board of Supervisors recently approved this program, plenty of cities within the county were already using home detention programs. However, some people are not eligible for home detention following a DUI.
The statute referenced above states an individual is not eligible for detention at home after a conviction for driving under the influence of alcohol if certain circumstances are present. If the court determines the individual is a danger to him or herself or to the community as a whole, if the defendant has a history of acting violently or if the judge who provides the sentencing determines the individual is ineligible, home detention is not available.
Arizona Home Detention Conditions
Home detention is not as bad as jail though it is quite depressing. If you are allowed to complete the majority of your Arizona jail sentence in home detention, you will be required to wear an electronic device, typically in the form of an ankle bracelet. This device provides your location so the court can ensure you are at home. Though you are allowed to leave your house to go to work, the device will monitor your location to determine if you have violated curfew.
Most people are a bit surprised to learn home detention in Arizona monitors the level of alcohol within one’s system. This is accomplished with the device connecting to a landline phone. When an alarm sounds, the individual in question must blow into the device, similar to that used for automobiles, known as the ignition interlock device. However, this is performed at the landline phone rather by the vehicle steering wheel. Furthermore, those who do not work full-time or go to school full-time in Maricopa County are ineligible for home detention. Those who have physical limitations that warrant home detention will be considered for this program as long as they live in Maricopa.
The court can also add additional conditions to home detention. As an example, those in home detention are not allowed to use alcohol or drugs. Furthermore, the court can mandate that the individual not associated with specific people. Additional conditions of the program include going to alcohol counseling as requested by the court, attending appointments and undergoing testing for alcohol and drugs. Sadly, the individual pays for these tests and counseling sessions as opposed to the state of Arizona.
Home Detention in the Context of Jail Time
Arizona’s home detention program considerably decreases the jail time an individual serves. However, this program does not eliminate jail time altogether. For the most part, Arizonans who qualify for the program can expect to spend about one-fifth of their jail time at home in home detention. However, the subtleties of the case such as the degree of intoxication and whether it is the individual’s first DUI offense also shape the court’s decision to allow or disallow home detention.