“House Arrest” AKA Electronic Home Monitoring  — Jail Alternatives

Electronic home monitoring or EHM (i.e. ankle bracelet) is one method in which a person who has been sentenced to some period of detention can serve that time at home. EHM is an alternative to incarceration in a jail but may also be included on a DUI sentence after a person serves their mandatory jail sentence. A SCRAM bracelet, or Secure Continuous Remote Alcohol Monitor, is an ankle bracelet that detects and monitors a person’s alcohol consumption.

If a person is found guilty or pleads guilty to a DUI, there may be an EHM option. However, where the person is found guilty or pleads guilty to a second (or more) DUI charge, EHM will be mandatory. 

For example, on a conviction for a first DUI, the defendant may be required to serve one or two days in jail (two days for “special allegations” such as refusing the breathalyzer or a BAC reading over 0.15). However, for a first time DUI, you may convert each day in jail to fifteen days on EHM. So, if you were sentenced to two days of jail on a first DUI, you could choose to avoid jail and serve 30 days on EHM. 

On a conviction for a second DUI (or more), there are mandatory minimum jail sentences. However, you will also have EHM after you serve your jail time. For example, if you are sentenced to 30 days in jail on your second DUI, you will also have 60 days of EHM once you are released from jail.

It is important to remember that all of these examples are for a DUI conviction or plea. If you hire a DUI defense attorney, the goal is to avoid having any conviction or plea to a DUI. The focus is always a dismissal or a reduction in charges. 

A defendant is sentenced to EHM by a judge as an alternative to incarceration, or as a condition of parole or probation. The individual is fitted with an electronic monitoring device, typically an ankle bracelet, that is designed to track their movements and activities.

The electronic monitoring device is linked to a monitoring center, which tracks the defendant’s location and activities in real-time using GPS or cellular technology. The monitoring center has staff who are responsible for reviewing the data generated by the electronic monitoring device and identifying any violations of the terms of the EHM program.

The person being monitored is typically required to stay within a designated area, such as their home or a specific radius around their home, during certain hours of the day or throughout the entire day. 

For DUI convictions that involve EHM, the defendant is usually permitted to go to work during the day (with the ankle monitor on) and go to other necessary locations such as a doctor appointment or treatment agency. The offender is also required to check in regularly with their probation or parole officer, who will monitor their compliance with the terms of the EHM program.

If the defendant violates the terms of the EHM program, such as by leaving the designated area or tampering with the electronic monitoring device, they may be subject to additional sanctions or revocation of the EHM program. If the violations are significant (cutting off the bracelet or continued use of alcohol/drugs), the judge will typically require the individual to serve the remaining sentence in jail.

Electronic home monitoring is seen as a cost-effective alternative to incarceration, as it allows defendants to serve their sentences in their communities while maintaining their employment. However, it requires the defendant to comply with all conditions and maintain sobriety if EHM also includes an alcohol sensing device. 

If you are facing a DUI charge, reach out to our attorneys to discuss options for resolution as well as jail alternatives. We are here 7 days a week to help. (360) 792-1000