Arizona is one of the states with the highest prison population rates in the United States. For this reason, the Grand Canyon State has adopted other alternatives to incarceration. House arrest is a great example of such an option.
What Is House Arrest?
House arrest is an inexpensive alternative to incarceration in jail or prison for non-violent offenders. This program confines the offender to their primary residence and involves electronic monitoring to keep track of their movements.
Misdemeanor offenses often lead to house arrest. However, this policy varies from state to state. For example, you may be put under house arrest for DUI, bribery, or theft. House arrest may also apply if you are a juvenile and first-time offender.
What Are Arizona’s House Arrest Rules?
Home detention rules vary by state. However, if you are under a house arrest program, you must abide by all the rules to complete your sentence regardless of being on home detention.
Here are some home detention rules in Arizona:
You must pay all the costs of enrolling in the program. The judge may reduce the cost if they determine that you can’t afford the full amount.
You cannot take alcohol or any illegal drugs while on the program.
You must remain in your home throughout the program unless your reason for movement is an activity sanctioned by the court.
You must attend a drug and alcohol rehabilitation program licensed by the Department of Health Services.
You must submit random drug and alcohol tests as mandated.
You must comply with all the conditions for supervision.
You must wear your Arizona ankle monitor at all times during the arrest.
Home detention rules in Arizona aside, let’s now take a brief look at the state’s DUI law.
House Arrest and Arizona DUI Law
House arrest programs save the state thousands of dollars spent every year on keeping a non-violent offender in prison or jail. In Arizona, an eligible house arrest offender must finish 20 percent of their sentence in incarceration and the remaining sentence in house arrest. Once they enroll in such a program, they’ll be responsible for all the costs incurred, including paying for the electronic monitor and other services.
Critics of home detention laws argue that the program lets offenders off the hook quite easily. For example, while the electronic bracelet monitors the offender’s movements, it doesn’t indicate the use of drugs or alcohol. However, if the random drug tests reveal that an offender used drugs while in home detention, they may be required to serve the remaining sentence in jail.
Which DUI Offenses Qualify for Home Detention Programs?
Home detention eligibility in Arizona includes the following DUI offenders:
offenders convicted of a standard misdemeanor DUI
offenders convicted of drug DUI
offenders convicted of extreme DUI
offenders convicted of DUI for the first time
First-time DUI offenders must spend 24 consecutive hours in jail before enrolling in a detention program. However, second-time DUI offenders must spend at least 15 consecutive days in jail before applying for home detention in Arizona.
Who Is Not Eligible for DUI House Arrest?
Generally, you are not eligible for a DUI house arrest program if you:
are a risk to yourself or others
have a history of violent behavior
have child abuse, sexual offense, or felony conviction
are an undocumented immigrant
the judge generally finds you ineligible
Contact an Experienced DUI Lawyer in Arizona
If you or your loved one has been arrested for a DUI, a DUI lawyer in Arizona can help you make informed decisions. This is because a DUI can have a lasting effect on your life if not handled correctly. You can trust the experience and legal knowledge of a DUI attorney to defend you when you’re innocent or propose a more lenient punishment if you’re guilty.
