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House Arrest

A jail sentence for DUI can be commuted to house arrest. A person on house arrest must stay in his residence at all times except when specifically permitted by the court to leave. Courts generally permit people on house arrest to go to and from work. In many cases, courts also allow people on house arrest to travel to and from school and medical appointments.

House arrestees are monitored by companies that can verify an individual's location by means of a device worn around the ankle. If house arrest is ordered for the balance of the jail sentence, a company representative goes to the jail to pick up the house arrestee, takes him back to the office, provides him with the monitoring equipment, and shows him how to set it up. This service comes with a price. There will likely be a partial fee to initiate the service and regular payments due every 2 weeks. If the company must to travel out of county to set up the monitoring device, mileage costs will be added, too.

House arrest may be an option if you have been convicted of one of the following offenses:

First offense DUI

Before placing you on probation, or as a condition of your probation, a judge may have you serve 2 days in jail, 100 hours of community service, or 2 days of house arrest.

Second offense DUI

Before placing you on probation, a judge is required to have you serve 5 days of "jail time." Two of these five days must be served in jail. If the judge has you serve house arrest, Kansas law requires that you serve at least 120 total hours of house arrest at your home.

Third offense DUI

Before placing you on probation, a judge is required to have you serve 90 days of "jail time." Two of these ninety days must be served in jail. The duration may be served on house arrest. If the judge opts to have you serve house arrest, Kansas law requires that you serve at least 2,160 hours (90 days) of house arrest at your home.

Fourth offense DUI

Before placing you on probation, a judge is required to have you serve 90 days of "jail time." Three of these ninety days must be served in jail. If the judge opts to have you serve house arrest, Kansas law requires that you serve at least 2,160 hours (90 days) of house arrest at your home.

Kansas law provides that "[a]ny exceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the [required number of] hours." This means that time spent away from your home at work, school, or medical appointments will not count toward the total number of hours you are required to serve at your residence in accordance with your house arrest agreement.


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