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Can I qualify for the ankle monitor if I am sentence to jail for 300 days?

Modesto, CA |

I'm looking at a jail time of 300 days for my 4th DUI (felony) charge. I have a full time job and want to avoid jail time. Am I able to request or qualify for the ankle monitor/house arrest program? I've been told that I can only qualify if its a 90 days or less jail sentence. Or apply for it when I have 90 left of my sentence. Is this correct?

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Attorney answers 3


The local jail should be able to provide you with this information. If you don't have one already you should contact a local attorney. Programs change frequently based on inmate populations and budgetary concerns.

My answers are only intended as general legal advice based on my eighteen years as an Austin criminal defense and DUI attorney. They are not intended to be a binding legal opinion nor to create an attorney - client relationship. For those questions asked outside of Texas, there is no intent on my part to practice law in any other state There is no substitute for contacting a local attorney. Feel free to visit my website, .


You are being charged with a felony. If you do not already have an attorney — you need one. All counties are different in their allowance on alternatives to jail time. Home confinement is probably not a viable option since this is a felony DUI. However many times courts will allow you to attend private jail that allows you to go to and from work but sleep at the private jail at night. Be aware all of these alternatives to jail time cost money and you will need to have an attorney to receive an alternative sentence.
Robert Driessen


Contact an attorney in your area that is familiar with the Courts up there. I would be surprised if an ankle monitor would be approved for a full sentence on a 4th DUI, but worth looking into. You should definitely have an attorney handle this case for you if you do not have one already. There may be able to be a better negotiation possible than just walking in and taking the first offer the D.A. gives.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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