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Can I Serve House Arrest Instead of Jail for an Indiana OWI?

OWI Defense Attorneys

Can I Serve House Arrest Instead of Jail for an Indiana OWI?

Possibly. If you are convicted of an Indiana OWI that includes an executed sentence, the court may order that some or all of that sentence be served through Community Corrections rather than in a traditional jail or prison.

Community corrections programs commonly include:

  • House Arrest

  • Work Release

  • Day Reporting

Whether these options are available depends on many factors, including:

  • the county where the case is pending;

  • the offense involved;

  • the sentence imposed by the court;

  • the policies of the local community corrections program; and

  • your individual circumstances.

One of the most important parts of defending many felony OWI cases is planning for these issues before sentencing—not afterward.

One of the biggest misconceptions after a felony OWI arrest is that the only question is whether you will go to jail.

In reality, another question may be just as important:

Where will any executed sentence actually be served?

For many people, that distinction has a tremendous impact on their family, employment, and daily life.

In appropriate cases, an Indiana court may order that an executed sentence be served through community corrections rather than in a traditional jail or prison.

Community Corrections may include:

  • House Arrest

  • Work Release

  • Day Reporting

These programs are still executed criminal sentences.

They are not probation.

However, depending upon the circumstances, community corrections may allow a person to:

  • continue working;

  • remain with family;

  • participate in treatment;

  • maintain housing;

  • and fulfill many day-to-day responsibilities while serving the sentence.

Community corrections is not automatically available in every OWI case.

Whether it is an option depends on many factors, including the county where the case is pending, the sentence imposed, the defendant's individual circumstances, and the policies of the local community corrections program.

Understanding those issues—and preparing for them before sentencing—can become an important part of an overall defense strategy.

Indiana Signature Insight

Indiana's criminal statutes apply statewide.

Community corrections policies and procedures vary by county.

Every Indiana county administers its own community corrections program.

Although the overall concept is similar across the state, counties often differ regarding:

  • available supervision levels;

  • placement procedures;

  • transfer policies;

  • local forms;

  • orientation requirements;

  • and sentencing practices.

One of the biggest advantages of working with a Gibson Law attorney who regularly handles felony OWI cases in a particular county is understanding those local procedures before sentencing.

That local knowledge often becomes just as important as understanding Indiana's OWI statutes.

What Is Community Corrections?

Community corrections is an alternative sentencing system that allows certain defendants to serve all or part of an executed sentence outside a traditional jail or prison.

Instead of serving every day of an executed sentence in custody, qualified defendants may be supervised through structured local programs administered by the county's community corrections department.

Although procedures differ from county to county, community corrections commonly includes three levels of supervision:

  • House Arrest

  • Work Release

  • Day Reporting

Each level serves a different purpose and involves different degrees of supervision.

The appropriate placement depends upon the sentencing order, the county's procedures, and the defendant's individual circumstances.

Community corrections should not be confused with probation.

Community corrections is generally an executed sentence served under supervision.

Probation is a separate sentencing option with different legal requirements.

House Arrest

House Arrest generally allows qualified participants to live at home while serving an executed sentence under electronic monitoring and community corrections supervision.

Although many people think of House Arrest as "avoiding jail," that description is inaccurate.

House Arrest is still an executed criminal sentence.

Participants remain subject to supervision, monitoring, and numerous restrictions established by community corrections.

Depending upon the county and the approved schedule, participants may be permitted to leave home for authorized activities such as:

  • employment;

  • attorney appointments;

  • court appearances;

  • probation meetings;

  • counseling or treatment;

  • community service;

  • approved medical appointments;

  • religious services;

  • grocery shopping and other approved necessities.

The specific rules vary by county.

House Arrest is designed to allow participants to remain productive members of their family and community whenever appropriate.

Work Release

Work Release is another form of community corrections used throughout Indiana.

Unlike house arrest, participants generally reside at a community corrections facility while serving their executed sentence.

Participants are typically permitted to leave only for approved purposes, such as:

  • employment;

  • attorney meetings;

  • court appearances;

  • probation appointments;

  • court-ordered treatment;

  • community service; and

  • other activities specifically authorized by Community Corrections.

Because participants remain under close supervision, work release provides more structure than house arrest while still allowing many individuals to continue working and supporting their families.

Whether work release is appropriate depends on many factors, including:

  • the sentence imposed by the court;

  • county-specific community corrections policies;

  • the defendant's criminal history;

  • employment;

  • housing;

  • and the individual's overall suitability for Community Corrections.

Every county administers work release differently.

Day Reporting

Day Reporting is another community corrections option used in many Indiana counties.

Participants remain in the community but report regularly to community corrections according to an individualized supervision schedule.

Depending upon the county, day reporting may include:

  • scheduled reporting;

  • substance abuse testing;

  • treatment participation;

  • counseling;

  • employment verification;

  • and compliance monitoring.

Although day reporting may be appropriate in certain OWI cases, more serious felony OWI cases involving substantial executed sentences are often associated with house arrest or work release.

The availability of day reporting varies considerably from county to county.

What Most People Don't Understand

Many people assume the only question after a felony OWI conviction is:

"How much time am I going to receive?"

In reality, another question may be just as important.

"Where will that executed sentence actually be served?"

For many defendants, serving an executed sentence through community corrections rather than a traditional jail or prison may allow them to:

  • remain employed;

  • continue supporting their family;

  • participate in treatment;

  • maintain stable housing;

  • continue paying financial obligations; and

  • transition back into the community more successfully.

An executed sentence served through community corrections is still a criminal sentence.

However, where that sentence is served often has a tremendous impact on a person's ability to continue living a productive life while satisfying the Court's sentencing order.

For that reason, our experienced Gibson Law attorneys frequently negotiate not only how much executed time is imposed, but also where that time may be served when appropriate.

Community Corrections Usually Is Not an Issue in Most First-Offense Misdemeanor OWI Cases

Many people arrive at this page after being arrested for their first OWI and immediately begin worrying about jail.

For many first-offense misdemeanor OWI cases, community corrections is not the primary issue.

Instead, community corrections most commonly becomes important in cases involving:

If you have been charged with a first-offense misdemeanor OWI, your case may involve very different issues than someone facing a repeat felony OWI or an HVSO enhancement.

Understanding those differences helps ensure that your defense strategy focuses on the issues that are most relevant to your particular case.

Planning Before Sentencing Matters

One of the biggest mistakes we see is waiting until sentencing to begin thinking about community corrections.

By that point, important opportunities may already have been lost.

Depending upon the county and the facts of the case, preparation before sentencing may include:

  • determining whether community corrections is available;

  • maintaining stable employment;

  • beginning alcohol or substance abuse treatment when appropriate;

  • developing mitigation for sentencing;

  • understanding county-specific community corrections procedures;

  • preparing for transfers if the defendant lives in another county;

  • evaluating housing requirements;

  • addressing issues that may affect community corrections eligibility.

Successful sentencing preparation frequently begins months before the sentencing hearing itself.

The earlier these issues are identified, the more effectively they can be addressed.

County Procedures Matter

Although Indiana's OWI statutes apply statewide, community corrections programs are administered locally.

As a result, procedures often vary significantly from county to county.

Depending upon the county, those differences may include:

  • whether House Arrest or Work Release is commonly used;

  • Pre-approval procedeures;

  • how placement decisions are made;

  • transfer procedures;

  • orientation requirements;

  • local paperwork;

  • intake procedures;

  • and other county-specific practices.

Understanding these local differences often becomes an important part of preparing for sentencing.

For that reason, our Indiana OWI Knowledge Center includes both statewide guides and county-specific community corrections resources.

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You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.

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