The majority of DUI cases involve a sentence to probation, either by itself or as an accompaniment to a term of incarceration. Probation for a DUI can last up to two years, but typically is limited to one year on a first offense lacking any aggravating factors. .
Certain conditions are standard on all probationary DUI sentences. In all DUI and DWAI cases, the court must order an alcohol evaluation. While it is generally true that the alcohol evaluation must be ordered and reviewed by the court prior to sentencing, the evaluation is completed subsequent to sentencing in cases where the defendant goes to “immediate sentencing”, such as in the majority of first drinking and driving convictions. The alcohol evaluation summarizes the defendant’s prior traffic record, history of alcohol and drug problems, and opines as to the defendant’s amenability to treatment and rehabilitation. The evaluation also recommends a particular treatment regimen: either Level I or Level II alcohol education, along with Level II therapy in certain cases involving either higher blood alcohol levels or prior drinking and driving convictions. There are four levels of therapy, with Track A consisting of 42 hours of therapy, and Track B consisting of 52 hours of therapy, Track C consisting of 68 hours of therapy, and Track D consisting of 86 hours of therapy. The evaluation may also suggest that monitored sobriety – a standard component of DUI probation – be accomplished by means other than urinalysis, such as with a SCRAM unit (an ankle bracelet that monitors and measures alcohol consumption 24 hours a day, seven days per week), or even a handheld monitoring device, such as the Soberlink.
Courts ordering that an individual wear a SCRAM bracelet or utilize a Soberlink often do so where the court is concerned that random breathalyzers may not be detecting continued alcohol use. However, SCRAM bracelets do have their flaws – and can provide false positive results in certain circumstances where the individual has not consumed alcohol.
While on probation, you will meet with your probation officer once a month. Your probation officer will check up on your progress on your sentence requirements, such as classes, community service, and the payment of court costs and fines. They will also check to see if you have been charged with any new law violations, and ensure your tests are coming up clean. Please be aware a dilute test result is treated as failure. However, it is always better to test hot than to miss a test altogether.
If you are having financial difficulties keeping up with the obligations of probation, probation can assist with the cost of sobriety monitoring and alcohol treatment by providing you vouchers – so it never hurts to ask.
It may be possible to have your probation early terminated or converted to an unsupervised status once you have completed all requirements of your sentence, so long as you have been in compliance. If that is the case, you may wish to contact an attorney to assist you with filing a motion to early terminate your probation.
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