San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
  • Community Service
  • Freeway Cleanup
  • Electronic Monitoring
  • Sober Living Environments
  • Alcohol & Drug Programs
  • AA Meetings
  • MADD Victim Program
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Electronic Monitoring

California Driving Under the Influence (DUI) laws are harsh and carry sever punishment. The arrests occur unexpectedly, and the driver is rarely prepared for the complex legal issues that follow, including jail time, fines, and driver’s license suspensions. However, it is possible to avoid jail time through alternative sentencing programs such as freeway cleanup, community service, sober living environments, alcohol and drug rehabilitation programs, and electronic monitoring. An experienced California DUI defense attorney can determine whether sentencing alternatives may be an option in each case.

Electronic monitoring, also known as house arrest, allows a convicted drunk driver to avoid jail by staying within the confines of his or her home. This option is usually offered as a condition of probation. If the driver doesn't comply with the terms of house arrest, he or she will violate conditions of probation (California Vehicle Code Section 23552 - Conditions of Probation), and will probably go to jail.

In order to be eligible for house arrest, the convicted DUI driver must pay all costs associated with electronic monitoring. Depending on the jurisdiction, there are many companies who are licensed to provide the equipment.

The terms and conditions of electronic monitoring also vary from county to county and case to case. The DUI offender may be allowed to work outside of the house during the day but remain at home during the evening, when most drunk driving arrests occur.

Many electronic monitoring programs involve an electronic device that straps to the wrist or ankle and is linked to a monitor in the offender's home. The device indicates whether the defendant is in compliance with the terms of house arrest by sending a signal to a computer at the probation office or a contractor.

Other programs insure compliance with house arrest by requiring the DUI offender to respond to random phone calls. Yet other programs use global positioning systems (GPS) to monitor the location of the defendant via satellite. The devices record whether the offender stays within an assigned area, such as the home or workplace.

Not every driver convicted of driving under the influence is eligible for house arrest or other forms of alternative sentencing. On a first offense, there is no mandatory jail time, but a judge can sentence the offender to up to six months in jail. For a first offender sentenced to jail, electronic monitoring may be a viable option. However, drivers with more than one DUI conviction within 10 years (California Vehicle Code Section 23550 - Penalty: Fourth or Subsequent Conviction Within Ten Years) may face mandatory jail time. A California criminal attorney experienced in DUI defense can evaluate each case to determine whether electronic monitoring may be an option.

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