Home Arrest and Detention for an Arizona DUI conviction

October 30, 2012

When someone is convicted for a DUI charge in Arizona, one of the most questions that people ask is "can I do home arrest?". It is an understandable question as most people would rather serve their sentence at home instead of the county jail.

The most important point in answering this particular question is in "which jurisdiction did the DUI conviction happen?". That is because a DUI defendant can only serve his or her sentence under home arrest if the particular jurisdiction has a home arrest program in place. For example, the city of Peoria and Phoenix both have a home arrest, or in legalese "home detention" program, but some other jurisdictions do not.

The statutory breakdown for the home detention if found in Arizona Revised Statute 11-251.15, which basically states any DUI defendant must serve at least 20 percent of the minimum required jail time in the county jail, but can serve the remainder of the sentence under home arrest.

For example, for an extreme DUI, in which the minimum sentence is 30 days in jail, 6 days would be served in county jail and the remainder of the sentence under home arrest or detention. To be eligible for home arrest, judges require at least one year installation of a certified ignition interlock device.

My own experience has been that every jurisdiction, and seemingly, each judge within particular jurisdictions, have their own formula for deciding home many days one must serve in county jail and how many days under home arrest. For example, in the City of Phoenix, for an extreme DUI, a DUI defendant will serve 6 days in the county jail and then 3 days under home arrest. In Peoria, however, DUI defendants will serve 2 days in county jail, and 14 days under home detention. For a super-extreme DUI, a Phoenix DUI defendant will serve 9 days in county jail and 5 days under home arrest, while in Peoria, it will be 3 days in county jail and 22 days under home detention.