DUI House Arrest in California
House arrest, also known as electronic monitoring, is an alternative to jail time for DUIs in California. This is often used for people who have been convicted of a DUI but qualify for lesser penalties because of a first time offense or no aggravating factors like injury or high BAC. Some courts and counties offer house arrest instead of jail on non violent offenses. This can depend on the particular judge handling your case, the DA’s opposition to house arrest, and the availability for the probation department to supervise house arrest in lieu of jail time.
What is House Arrest for DUI?
House arrest, or electronic monitoring, is an alternative to jail for people convicted of DUI in California. Instead of serving time in jail, those eligible for house arrest must stay at home. They are monitored via an ankle bracelet which tracks their location in real time. They are only allowed to leave home for essential activities like work, school or medical appointments and unauthorized departures can result in jail time. They sign a contract with the probation department typically, agreeing to certain curfew limits and places that are allowed. If someone is approved for electronic monitoring, they do not have to do jail time at all, in most cases.
Who Is Eligible for House Arrest in California?
Not all DUI cases qualify for house arrest. Factors that can affect eligibility include:
- – First Time Offenders: First time offenders are more likely to be eligible yet jail time is usually avoidable on first offenders for non-violent misdemeanors so house arrest is typically not needed for minor offenses.
- – Non-Aggravated DUI: Cases without accidents, injuries or high BAC are better suited but again, a first time offense typically won’t require jail so house arrest is generally not helpful on a first offense. For second or third offense DUIs, where jail is absolutely required by law, seeking house arrest is vital to attempt to avoid jail time, if the case cannot be dropped or reduced.
- – Judicial Discretion: It’s up to the judge to decide, who considers the case details and your criminal history. The district attorney or prosecutor will weigh in and generally speaking, they always oppose requests for house arrest. They believe in jail instead of house arrest. The judge will hear oral arguments from the prosecution and your defense attorney as to why electronic monitoring should or should not be granted. It also requires that the probation department has the capacity to administer and oversee the house arrest. There are private companies that administer house arrest (LA Monitoring, for example). If the judge authorizes you to utilize LA Monitoring for your house arrest, you would pay a daily rate to the LA Monitoring company to utilize their GPS equipment and monitoring service.
Benefits and Restrictions of DUI House Arrest
House arrest for DUI comes with several benefits and restrictions. While you don’t have to be in jail, you’re still limited in your freedom. Here are the details to consider:
Benefits:
- – No Jail Time: You serve your sentence at home instead of jail.
- – Ability to Work: You can typically continue going to work and coming home in the evening, thereby protecting your ability to remain employed. Jail time would mean missing crucial job requirements often leading to termination.
- – Family Time: You can stay connected with your family and preserve relationships when people visit you at home.
- – Rehabilitation Focus: Some house arrest programs may require alcohol education, treatment or community service so you can focus on bettering yourself without the stress of being incarcerated.
Restrictions:
- – Limited Freedom: You’re confined to your home and can only leave for approved activities like work, school or medical appointments. All excursions must be pre approved by the supervising company or probation department.
- – Electronic Monitoring: You have to wear an ankle bracelet that tracks your movements 24/7 to ensure you comply with the conditions of your sentence. It is small but visible unless long pants are worn.
- – Strict Consequences: Violating the terms of house arrest like disobeying your curfew, going to unauthorized places, or tampering with the monitoring device will cause the judge to revoke permission for electronic monitoring and to require jail instead.
Process of Obtaining House Arrest in California
Getting house arrest instead of jail for a DUI conviction in California is a process that involves several steps:
Legal Representation: You need an attorney who can advocate for house arrest during sentencing. There are important strategic moves to make so that that house arrest can be acheived even in cases where a judge hasn’t specifically approved it. We have stron connections to the local county jail and can typically refer clients early to the house arrest liason to bypass jail altogether.
To be clear, if a request is made in court for house arrest and the judge specifically excludes it, you will be ineligible. If the judge simply doesn’t grant your request for house arrest, we still have a way of applying using our contacts in the jail directly. Strategically it can be best NOT to ask for house arrest from the judge when we know that we will be able to get it from our jail liason.
Eligibility Check: If we seek house arrest approval through court, the court will check your eligibility based on your criminal history, the DUI itself and if you are a danger to the public.
Judge’s Approval: In the end, it’s up to the judge to grant or deny house arrest. They will consider the severity of the DUI, any aggravating factors and your personal situation.
Monitoring Setup: If approved, you will work with a probation officer or a private company to set up electronic monitoring. The terms of house arrest will be clearly outlined and any violations can result in severe penalties including jail time.
The alternative, and this is a strategy decision, is to not request house arrest at all through the court, and to bypass the judge and DA, and to use our contacts at the jail to convert a county jail sentence into house arrest. Saying the wrong thing in court will make this process difficult so it’s critical to know the judge, the DA, and whether or not house arrest should be requested direclty in court through the judge or without notifying the court and utilizing a direct connection to a team in the county jail we work with.
Get in Touch with The Law Offices of Hart J. Levin
House arrest is not available for every DUI case (nor is it needed for every case, especially when there isn’t jail being requested by the DA or judge), but if you are eligible, it can be a much better way to serve your sentence in a more flexible and less intrusive way. You can continue living your life for the most part.
If you’re facing a DUI charge in California, you need the best legal support to explore all your options, including the possibility of house arrest. Call the Law Offices of Hart J. Levin to schedule your free consultation today. Let us help you navigate the legal system and work towards the best possible outcome for your case. We have the experience, know how, and connections to get the best results in the industry, in case after case.