Understanding DWI Probation
Probation is a pact between a DWI offender and the judge. In this arrangement, the judge fails to sentence the offender to jail and in exchange the offender is required to perform certain things for a set period of time. The fixed period of time for this arrangement is called the probationary term or period. First time offenders can get a probationary term of up to 2 years. In many cases, the judge suspends the complete jail sentence for persons with no prior violations and places the offender under a six month probation period. During probation, a DWI offender is supposed to abide by the following conditions:
Report to a probation officer
Perform community service (for between 24 and 80 hours)
Enroll in a Victim Impact Panel
Enroll in a DWI Education class
Undergo an alcohol and drug evaluation
Take a random urinalysis
Pay court costs, monthly probation charges, and fines
Get a job and support one’s dependents
Apart from the things you are required to do while under probation, there are things you are not supposed to do. These include:
Visiting clubs, lounges, and bars
Violating the law
Taking drugs or drinking alcohol
Socializing with people of questionable ethics
Committing crimes or socializing with criminals
For someone facing a second DWI conviction, the chances of getting their entire jail sentence scrapped are minimal. The offender may face a 72 hour jail term. The judge could suspend the rest of the jail sentence and place the offender on probation.
A third DWI charge is a felony and in this case, one is required to spend at least 10 days in confinement. After serving this minimum jail sentence, one may get a probation sentence.
If you are placed under probation for intoxication manslaughter you may be asked to serve a community service of between 240 to 800 hours and a minimum jail term of 120 days. You may also be required to enroll in alcohol/substance abuse programs. For intoxication assault probation, you are required to serve a minimum jail sentence of 30 days, community service, and enroll in an alcohol/drug abuse program.