After a DUI (driving under the influence) conviction in Arizona, you may qualify for participation in the home detention program, which means you would serve a sizeable portion of your sentence, as the name implies, at home.
Home detention may seem like a lot better situation than spending time in jail. And in many ways, it is. After all, even if you must wear a monitor and are confined to your residence for extended periods, you still can enjoy the comforts of home. So if you qualify for home detention, it is understandable that you would want to accept it.
But that is not to say that being granted home detention after an Arizona DUI conviction is a walk in the park. There are plenty of rules to follow—and plenty of consequences if you don’t.
First Thing To Know: You Will Spend Some Time in Jail
To qualify for home detention, you must first serve a minimum of 24 hours in jail. If, however, this is a second DUI offense or an extreme DUI charge, you will be required to serve at least 15 consecutive days in jail before you will be eligible for home detention. And once you are home, there are plenty of rules to follow—and you will monitor by an electronic device to ensure that you adhere to them.
The Defendant Agrees and Avows…
The list of rules for home detention is quite long. But here are several examples from the Maricopa County eligibility and rules document:
- The defendant avows not to be a risk to self or others.
- The defendant must provide proof of a private analog telephone line with modular jacks.
- The defendant agrees to submit to no less than three random daily alcohol tests during HDP (home detention program) enrollment.
- The defendant agrees not to associate with persons detrimental to successfully completing the HDP.
- I will remain inside my residence within hearing distance of my telephone and answer all calls during curfew hours.
- I will immediately advise Sentinel (the monitoring company) of any contact with law enforcement.
- I will inform all members of my household regarding the core/operation of my Sentinel equipment and [understand] that I will be liable for any difficulties related to their lack of care or understanding.
The Importance of Having a Lawyer on Your Side
You will want to discuss the rules of home detention with your lawyer before agreeing to the program. Your attorney will have advice regarding the program and how it has worked—or failed to work—for people in your situation. Remember, failing to live up to the home detention agreement can lead to additional consequences.
Of course, in a perfect world, you will not have been convicted of DUI in the first place. Having a skilled attorney who will aggressively pursue the best available defenses in your case is your best chance for avoiding jail time or a period of home detention.
Potential defenses include (but are not limited to):
- A failure to demonstrate that you were actually driving the vehicle when you were stopped
- A lack of reasonable suspicion making the stop illegal and unconstitutional
- Insufficient evidence for the arrest
- Improperly administered field sobriety tests
- A failure to advise you of your Miranda rights (including the right to remain silent and the right to be represented by an attorney)
Contact Our Flagstaff DUI Attorneys Today
The attorneys of Griffen & Stevens Law Firm are experts in Arizona DUI laws. These laws are often in flux, and our team stays on top of each and every change so that we can provide an exceptional and vigorous approach to defending our clients. In the event of a conviction, however, we can also explain the ins and outs of home detention and advise you on whether you should apply for the program.
If you have been arrested for DUI in Arizona, make sure your rights are protected and that the outcome is as favorable as possible. Contact us today to discuss your case.