QUESTION

Can my brother file for home detention for his 3rd DUI?

Asked on Dec 28th, 2012 on DUI/DWI - Michigan
More details to this question:
My brother is in jail until last week. He has to spend 60 days in jail. Can he fill an application for home detention? He got that punishment for 3rd DUI.
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6 ANSWERS

Michael J. Breczinski
In Michigan home detention is not an option, it must be jail.
Answered on Jan 09th, 2013 at 12:43 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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His attorney can do this for him. Whether or not it will be granted will be up to the judge.
Answered on Jan 09th, 2013 at 7:10 AM

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Nothing keeps him from applying. That doesn't mean he will prevail.
Answered on Jan 08th, 2013 at 7:57 AM

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Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
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On a 3rd DUI in WA State a person is either looking at 90 days in jail or 120 days in jail depending on the BAC level. 14 and lower (90 days) and .15 and higher or a refusal of the BAC machine (120 days). There is in addition electronic home monitoring the person has to pay for on top of the jail and do lower limit 90 days EHM or 120 days higher limit. These EHM amount can be converted to an added 8 days lower limit and 10 days higher limit of jail time.
Answered on Jan 04th, 2013 at 4:01 PM

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It all depends how good/experienced his attorney is.
Answered on Jan 04th, 2013 at 1:20 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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He can file and request same, the question is if his request will be granted.
Answered on Jan 04th, 2013 at 1:07 PM

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