The Utah Court of Appeals published an opinion regarding mandatory DUI sentencing. The case revolved around the question of whether "home confinement" met the mandatory jail provisions for people convicted three (or more) times within a ten-year period.
The district court, over the objection from the State, sentenced defendant to serve the mandatory 62.5 days in home confinement with an ankle monitor. The State appealed and the Court of Appeals was persuaded by the State's argument that "home confinement" and "jail sentence" do not mean the same thing within the structure of the DUI statute, and therefore this was an illegal sentence.
We often hear of courts around the state sentencing someone to home confinement instead of jail. There are provisions where this is contemplated and even allowed in the the statute. However, when there is a minimum jail sentence, this case makes clear that "home confinement" is not akin to jail, and courts may not impose those sentences in lieu of jail unless the statute allows for it.
Here is a link to the decision: State v. Timpson
