I was sentenced to 60 days in jail for DWI 1. Now I am pregnant. What are my chances of requesting house arrest in lieu?

Asked about 2 years ago - Conway, AR

I have no priors, was sentenced to do 60 days within 120. I'm dumb apparently and thought it meant so long as I turned in by the end of 120 days I was following my orders. When I went to turn myself in I was refused at intake due to the officer not knowing "what to do with me"? I am pregnant for the 1st time and it is proving to be a very difficult pregnancy and I'm afraid to go through any complications that may affect my baby while incarcerated. Is there any chance of requesting house arrest in place of imposed sentence?

Attorney answers (2)

  1. Donald Kennedy Campbell III


    Contributor Level 11


    Lawyer agrees

    Answered . You need to talk to your lawyer that represented you in the DWI in the first place and see if the Court will modify the date you have to serve. It may be too late to have the judgment modified if it was more than 60 days ago. You might want to get a letter from your OB/GYN Dr. explaining the complications. Otherwise, you may end up having to serve the time while pregnant which would be most unpleasant in Faulkner County. If you were represented by the Public Defender's office, then go by the courthouse and talk to them to see if they will help.

    This answer does not create a attorney client relationship and cannot be relied upon as a legal opinion as there... more
  2. John C. Collins


    Contributor Level 8

    Answered . If you are within 30 days of your sentencing and you were in district court file an appeal. If not there are several options. The judge may be able to modify the sentence or the sheriff can define the terms of your jail time. Call a qualified dwi attorney and let them help you with the process. Usually when they tell you to serve 60 days within 120 if gives you the option of weekend jail. In some jurisdictions that means you will not have to spend the night. They also will frequently give you 2 for 1 or 3 to 1 credit.

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