Can I Do Home Detention Instead Of Jail?
There are several jail alternatives depending on the jurisdiction where you are charged with a crime. Your options will also depend on the crime you were charged with and how the case is resolved (alternative resolution vs. jury verdict).
Sometimes, through plea negotiations, your private defense attorney may be able to create a resolution that does not include in-custody jail and converts “jail time” to EHM. If you want to know whether EHM options are available in your case, you should hire a local DUI attorney who practices in the area where you were criminally charged.
Electronic Home Monitoring (EHM) or Electronic Home Detention (EHD)
These “at home” jail alternatives are not guaranteed to everyone convicted of DUI. Sometimes, it can be offered only to those who meet certain conditions under statutes that allow for alternative sentencing options. Other times, it can depend on whether a county or city has a system in place to allow for this option.
In counties that do not have an “in house” option, there can be options if your attorney is familiar with out of the area agencies that can comply with your charging county. In nearly all cases, the cost of the at-home monitoring will be paid for by the defendant.
Required EHM
If you are facing your second or third DUI within 7 years, electronic home monitoring will be required after you serve your mandatory minimum jail sentence. In these cases, the entire incarceration period cannot be served on home detention due to mandatory sentencing guidelines. However, that assumes the defendant was convicted.
If you have a private DUI defense attorney, the resolution may be resolved prior to trial and be crafted so that the mandatory sentencing requirements do not restrict how the judge can rule. For example, the prosecutor may require many safety measures from the defendant (IID, evals, treatment, etc.) but reduce the charge at a later date, after compliance is established.
Get A Professional Opinion
If you are researching to determine whether you can avoid going to jail for your DUI charge, the only way to truly answer this is for an experienced criminal defense DUI attorney to review your discovery and assess the specific facts. Additionally, the attorney should regularly practice in the court as a DUI defense attorney in the same jurisdiction in which you were charged. Every state, county, and municipality will have different rules, options, and culture on this subject.
If you were charged in Kitsap or Thurston counties or the cities near those counties, please reach out to one of our DUI lawyers for a consultation. We are here 7 days a week to help. (360) 792-1000
Get help now
Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
