DUI probation is generally the result of a DUI arrest or in Indiana an OWI arrest. This includes unsupervised and supervised probation. The terms of the probation for the DUI will vary depending on the crime and severity of the offense. However, if you are convicted of DWI or any other second offense, a mandatory minimum amount of probation will likely be required. As with all felony charges, the length of time a person is allowed to remain free from jail while serving their jail time is dependent on the seriousness of the DUI. First-time DUI offenders typically have to serve 90 days in jail and be placed on probation after which they will be allowed to stay out of jail. The court can also require an additional six months of supervision as a condition of the probation. For repeat offenders, mandatory jail time may be a possibility but the judge can also choose to place offenders on probation for shorter periods of time. The judge’s decision will ultimately be determined by the facts of the case.
What is Probation?
When a person is convicted of a crime, the two most common things that occurs to them is that they’re either put behind bars or they’re placed on probation. Probation is thought about to be an option to being incarcerated, and that’s why you’ll listen to a sentence described as “365 days, all suspended, with 365 days to be offered on probation.” To equate that, it implies that the sentence is 365 days behind bars, however every one of that time is being put on hold so long as the defendant effectively completes a term of 365 days on probation.
When a Court sentences a person to probation, there are normally a number of automated policies that are consistent with all probations. First, a person on probation can’t dedicate any criminal offenses. Secondly, a person on probation can not take in drugs or alcohol without a valid prescription. Third, an individual on probation is subject to arbitrary medicine testings. As well as 4th, an individual on probation requires to meet with his probation policeman whenever routed to. Relying on the particular sort of offense, the Court can also purchase special regards to probation that can range cases. As an example, any case involving medications or alcohol can call for a chemical abuse analysis and also treatment, and cases entailing violent actions can need anger management courses.
If You Are Not Guilty No Probation Should Be Required
If you receive a DUI or OWI charge in Indiana and are not guilty of the crime, then there may be no need to go through the process of probation. If you have been convicted of a driving under the influence offense, it is highly likely that you will need to undergo some form of DUI probation at some point in your life. It is possible to receive probation for both a first and a subsequent DUI offense. The court can allow probation as long as there is evidence that you are not a risk to drive again. In the event that you are convicted of the same offense as a repeat offender, your DUI becomes a felony and your probation may be extended indefinitely as a HBTV (Habitual Traffic Violator).
If You are Guilty You Can Expect DUI Probation
The state can also require you to participate in mandatory alcohol rehabilitation. Some counties, however, do not require mandatory alcohol rehabilitation. It will depend on the judge who will decide whether or not you are eligible for this treatment. If you are found to be a risk to self-recovery, or have another criminal record, you will likely be prohibited from drinking any alcohol while you are on probation, even after you complete your DUI or DWI sentence.
You Will Be Asked to Attend Meetings with a Probation Officer
You will most likely be asked to attend meetings with a probation officer when you are in the process of completing your DUI or DWI sentence. These meetings are to help determine what type of punishment will apply for the offense. It is also necessary to explain your reasons for being arrested, any prior alcohol or substance abuse problems that may have contributed to your arrest, any other offenses you may have had, and other probationary requirements.
Never Fail to Comply with DUI Probation
Probation also allows for some restrictions upon your use of alcohol and drugs, such as limiting the amount of time you can drink or consume alcohol and/or having to perform community service. Failure to comply with these rules will lead to fines and/or jail time. Some counties also require that you abstain from driving for a period of time upon completion of your sentence.