It's a frightening experience to be arrested and faced with the conviction of a DUI. The thought of having that on your criminal record for the right of your life is overwhelming. You may be wondering whether you have the option of avoiding time behind bars and taking a probation sentence or if you have to go to a criminal trial. If probation is something that you are curious about since it can keep you out of jail, here are a few questions that you may have regarding the DUI probation process:
With a DUI, is it possible to avoid jail and get probation instead?
This depends on the laws in the state that you live as well as the circumstances surrounding the DUI charge. For example, if the DUI resulted in the injury or death of an individual, then it will likely be impossible to avoid jail time. Also, some states only allow probation for those who are being charged with a DUI for the first time, although some states allow probation for repeat offenders. In other instances, probation may just be part of a plea bargain that you and your attorney whip up with the prosecuting attorney.
What are the typical terms of a DUI probation?
This will also vary from one state to the next. However, as a general rule, you will be required to check-in with the court or a probation officer that has been assigned to you. In addition, you will be ordered to community service, attending alcohol addiction or awareness classes/counseling, avoiding arrest for any offense, and not driving under the influence. Also, if your license is suspended for a certain period of time, make sure to not drive at all during this time. In some cases, particularly for repeat offenders, you may be required to wear an ankle monitor or an ignition interlock device on your vehicle.
What are the consequences for violating the terms of your DUI probation?
Again, like the aforementioned things, the consequences for violating the terms of your DUI probation will depend on the laws in your state. However, in most cases, you will be able to be re-arrested by the proper authorities and allowed to be prosecuted for the parole violation. If you are found guilt of the violation, you will have to serve the suspended jail time (the original jail sentencing that you were given when you were put on probation instead) in addition to any jail time that you are sentenced for the parole violation, unless you are fined for the violation instead.
Before taking a plea deal or simply choosing probation over jail time, make sure to take the time to talk to DUI law firm, such as Lowry Law Firm, to ensure that you choose the option that is in your best interests.