A DUI offender is usually granted adult probation following a conviction for a DUI offense. Probation normally lasts from six to twelve months. But some jurisdictions allow for prison time instead. Many people convicted of a DWI are given probation as a means of avoiding jail. Probation allows a defendant to stay out of jail pending their court case. Indiana OWI lawyer, BD Williams, ESQ is there for our clients.
There are several factors that may influence whether or not someone is eligible for a DUI probation sentence. First, a judge will decide if the individual has a history of alcohol-related offenses and if he or she is considered a danger to themselves and to others. Second, an individual must have a clean record with no prior DWI convictions. Third, the judge will also take into account the type of offense the person is being charged with. For example, a judge will not hand out the same sentence to an individual who has been arrested for operating a car while intoxicated as he will for one who has been arrested for operating a vehicle without having any insurance. A judge can either deny probation for a specific charge against an individual, or a judge can issue a deferred sentence for a specific offense. If the judge decides that a person does not pose a danger to himself or herself or to the public, then the defendant may be given probation on the charge or no jail time. If a judge decides that the person poses a greater danger, then the judge may impose a longer sentence and be put on probation for that time. For example, if a judge decided that a person would still be facing charges for driving while intoxicated even if he was not drinking alcohol at the time of the arrest, then he or she could be placed on probation. The judge would use the individual's history to determine whether or not he or she should be given probation or prison. If a judge grants DUI probation, the offender will be required to abide by a strict set of conditions in order to be able to continue living life the way they used to. While on probation, the person will be subject to random drug and alcohol tests. He or she may also be required to avoid using drugs or alcohol altogether if they were given the chance. While these requirements are important for any type of sentence, it's important to remember that the specific laws pertaining to the type of charges that are involved can vary between states. Some states allow a person to be on probation for a lesser offense. while other states require a person to serve their entire sentence for an offense. It's important to remember that even if a person is on probation, they cannot go back to jail and must pay for their crimes. If the person is found guilty of another crime, the penalties are much greater. So, in addition to serving time in jail, a DUI offender is subject to stiff fines, additional jail time, and possible incarceration.
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