Can You Get an Arizona Ankle Monitor for DUI in Arizona?

arizona ankle monitorArizona residents that are facing DUI charges can negotiate with the courts for favorable terms. The best way to do this is to hire an Arizona DUI attorney. An attorney can present the facts about your case to the courts to retain more favorable terms than you could do on your own.

One penalty for a DUI that might concern you is the requirement that you spend time in jail. This is especially a matter of concern for those who have previous DUI convictions on their record, which means longer jail time.

It is possible to get the courts to allow you to serve your jail sentence on house arrest instead of in an actual jail. Arizona Revised Statute §11-251.15 made it possible for courts in Arizona to allow individuals convicted of a DUI to serve their jail sentence at home. However, you must qualify for the right to use home detention.

Outside of qualification, you should also be aware that it is up to each municipality to decide whether or not to allow for home detention or not. Some Arizona municipalities believe that spending time in jail is better because it makes the individual less likely to commit the crime in the future.

If you’re looking to negotiate for home detention instead of jail time, here’s what you need to know and what to discuss with your attorney.

How to qualify for home detention under Arizona DUI law

During your first DUI offense, you are not eligible to serve home detention. However, it’s very unlikely that you’ll be ordered to spend much time in jail anyway so long as you are not facing an aggravated DUI charge. The requirements for how long you must spend in jail for a DUI will be dictated by the circumstances and the defense your attorney puts together.

For individuals facing subsequent DUI sentences, here are some factors that could prohibit you from being eligible for home detention.

  • A criminal history of violence or domestic disputes
  • The courts are worried that you are a danger to yourself due to mental or physical health
  • Individuals who have a previous conviction for a felony
  • A history of child abuse with a conviction for the abuse
  • Being listed as a sex offender
  • People who are living in the US illegally
  • Repeat offenders who have a DUI within the last 84 months

During your sentencing, the judge will make a ruling on whether or not you are eligible for house arrest. Having a steady job can also help your case for serving house arrest instead of jail time as you’ll be permitted to continue working that job.

What are the requirements for home detention or house arrest?

While on home detention or house arrest, you are not permitted to use alcohol or drugs. To ensure that you are not using these prohibited substances, you’ll have a device that will require you to test for these substances at least once a day at random. Most commonly, the device requires testing three times a day.

Additionally, the court might require that your whereabouts be constantly monitored using a GPS ankle bracelet. During your scheduled work hours, you do not have to wear the ankle monitor.

The judge can set additional requirements on the home detention, such as prohibiting contact with people who might hinder your ability to rehabilitate from alcohol or drug use. During home detention, you can leave your home to attend work, school or religious services.

If you choose to opt for home detention instead of jail time, be prepared to pay about $10-$30 per day to rent the ankle monitor and alcohol/drug testing device.

The best way to ensure you earn home detention if that’s what you desire is to hire a competent Arizona DUI attorney.

Click here for information on DUI and jail time in Arizona.