The state of Illinois does not have mandatory imprisonment terms for persons convicted of a DUI, but depending on the specifics of the case, jail may be a part of the sentencing. So, can you get house arrest for a DUI in Illinois? House arrest is an alternative to jail where a person is confined to their home or a designated space and is monitored by the state. If you or a loved one are facing DUI criminal charges, contact a DUI lawyer in Rolling Meadows to learn more about the options for your specific case.
Because house confinement is seen as a less severe punishment than a typical jail sentence, it is only given to individuals who are under special circumstances and are not considered dangerous offenders.
House arrest is generally granted to non-violent offenders and often times used as a form of probation. For most crimes, it is usually given to first-time offenders. However, DUI offenders that are sentenced to jail time usually have more than one offense on their criminal record.
House arrest is often granted to people who have extenuating circumstances that would be disproportionately affected by imprisonment. For example, parents who have minor children or adult dependents would be left without a caretaker if they were behind bars. Other mitigating circumstances for house confinement include the presence of a chronic illness or disability. Of course, these situations must be proven in court as reasonable circumstances. A criminal attorney is the best resource to advocate for these situations.
When placed under house arrest, the individual will be surveilled through an electronic monitoring device that sends their location to a designated law enforcement agency. For DUI cases, the individual may also be subject to a Secure Continuous Remote Alcohol Monitoring (SCRAM) device which monitors alcohol consumption by detecting levels of alcohol usage in perspiration. The individual is responsible for the cost of installation and upkeep associated with the devices.
In addition to the monitoring device, the individual may be subject to drug testing or additional court appearances while serving their sentence.
In many cases, a person may be able to leave their home for predetermined reasons. Certain permissions are provided based on individual circumstances. If it can be proven necessary, a person under house arrest may be allowed to leave their home to go to work, obtain medical treatment or care, attend school, visit with family, go to the grocery store, transport children to specified activities, and/or to go to religious services.
If any of these permissions are granted, the locations and time frames of the allotted activity will be monitored by the probation officer through the ankle monitor. They may also be subject to curfews and other restrictions.
If a person leaves the perimeter of their designated confinement location, the ankle monitor will alert the monitoring station and send a police officer to the location. The probation officer for the case will also be contacted. Upon arrival, the police officer will determine the cause and severity of the violation. Perhaps the individual was outside in their yard and accidentally walked outside of the barrier. Perhaps there was a malfunction with the monitoring device. Or perhaps the individual intentionally violated their terms and even committed an additional crime. The circumstances of the violation determine the severity of the penalty.
For minor violations, a person may lose some of their privileges or permissions. For example, they may receive an earlier curfew or lose the right to travel to one of their special locations. For more major home confinement violations, the individual's probation officer may recommend that the violator spends the remainder of their sentence in jail.
House arrest is given to a person in lieu of jail time. Because of this, a person should expect that a house arrest sentence will be equal to their jail sentence. If a person receives 3 years of jail time for their third DUI conviction, they may expect to be on house arrest for 3 years. Good behavior can help an individual serve less time as a prison sentence.
A criminal defense attorney should always be contacted when attempting to lessen a sentence no matter the offense. Whatever the criminal charges you are facing, it is always best to contact a criminal defense lawyer to receive the best possible outcome for your individual case. The experienced lawyers at Dohman Law Group are ready to review your case and help you build a strong defense. Contact our law firm today for your free consultation.