If you are placed on probation after committing a DWI, then you are responsible to adhere to all the conditions of your probation for the set amount of time appointed by the court. If you break probation or fail to adhere to all the standards expected of you, then you can be punished. Probation is a sentence that is issued in place of jail or prison time.
It is essentially a contract that a criminal makes with the Court to abide by the terms of the probation and avoid jail. The court has every right to send a probation violator to jail to serve the sentence that was originally associated with the offense. Most Minnesota courts maintain that even the smallest violation of probation is enough to cause automatic jail or prison penalties.
Possible probation violations include repeating your original offense, failing to abstain from drugs or alcohol, failing to pay fines, refusing to pay restitution to victims, or violating any other term imposed by the judge. In many cases probation is a plea bargain sentence. This means that the offender has already admitted guilt to the original crime, and received probation as a lighter sentence.
If you have been accused of violating probation, you have the right to deny the claim. At this point, a judge can set a hearing date. You will want an attorney to defend you during this hearing, so make sure that you have a reliable Minneapolis criminal defense lawyer on your side. At this point, you can prove that you have maintained the terms and conditions of your probation, and your lawyer will fight against the prosecution to try and help you avoid a serious crime.
In DWI probation, you may be told that you cannot consume alcohol for a set amount of time, or that you cannot drive. There are times that an individual’s license will be revoked, or that an offender will be forced to attend a DWI class. Convicted criminals may need to pay fines for their offense, serve hours of community service, or pay restitution to any victims of a DWI accident. If the motorist fails to do these things, it can result in a probation trial.
The consequences of violating probation can be severe. For example, a driver who was convicted of a first-time DWI in Minneapolis could receive a $1,000 fine, a 90-day license suspension, up to 90 days in jail, and a possible ignition interlock device. Those who commit a second DWI may be forced to pay up to $3,000 in fines and spend up to one year in jail. As well, a second-time DWI offender will receive a 180 day license suspension and may have his or her license plate impounded. The offender may also receive a specialty coded plate showing that the driver is a DWI risk.
Anyone who commits a 3rd offense DWI will spend up to one-year in jail and may have his or her license suspended indefinitely. As well, the offender may be forced to attend treatment and rehabilitation or abstain for one year. All of these penalties will be re-imposed on a probation violator who has committed three DWIs in the past.
Talk to a lawyer at Grostyan & Associates today if you have been accused of a DWI offense or a DWI probation violation and need an advocate at your hearing. The lawyers at Grostyan & Associates are ready and willing to help you with your case. With over a decade of experience, the firm understands how to tackle difficult cases. Contact them today to get started!