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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26436
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i got 3rd dui in mi. went to prison for 20mo. been on parole

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i got 3rd dui in mi. went to prison for 20mo. been on parole for 11mo. first 4mo. in safe /sober program came home was put on scram tether for 7mo. now the parole officer put me on home arrest with homegard 200 sobrietor tether for the rest of my of my parole till june 9 2012 he said new law say that if you have .10 or more when you get a dui you have to be on homearrest and i would like to know if this is the law /truth i think he the p.o. is not telling me the truth could please tell me if this is the law or is he messing with me when i got my parole the parole board said i would be on scram tether for 6mo. can you find this out for me thank you
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

I have been looking through Michigan law and I do not see anything in the law specifically requiring a tether, even on a felony level dui over .10. So your PO may not be telling you the truth about that.

Unfortunately however, parole can change your conditions if, for whatever reason, they feel it's appropriate under the circumstances. To that extent, what parole tells you that you have to do is the law. After all, keeping on their good side is the only thing that will allow you to remain out of prison, and home arrest is, if nothing else, better than that.

You can get hold of your lawyer or retain a new one and appeal this decision to the board. If it's denied, you can have him take it to court to see whether Parole is abusing their authority by requiring this new condition of you. But that's about all you can do, other than serve the parole as they are ordering you to, because parolees do not have the rights that people who are not serving a sentence have.

I'm sorry to be the bearer of bad news.

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