DUI PROBATION

Michigan DUI Probation

If you are convicted of a drug or alcohol related traffic offense in Michigan, you will undoubtedly be sentenced to a period of Probation whether or not the court imposes any period of incarceration.

The only exception would be where the Court imposes the maximum allowable jail sentence.

For example, if the Court were to impose one year of incarceration on an OWI Second Offense, the defendant would be released after serving the sentence and there would not be any probationary period following release.

What is DUI Probation?

DUI Probation is when an offender is excused or released from detention for a specific period of time following conviction and must remain on good behavior while adhering to specific conditions.

What is the Purpose of DUI Probation?

Courts typically grant probation for first-time DUI offenders. DUI Probation has several purposes. It allows the offender to avoid jail time while being rehabilitated and ostensibly protects society from further criminal activity by the offender. It also allows the offender to maintain employment and continue with family responsibilities so that he or she may remain a productive member of society.

How Do I Get Sentenced to DUI Probation In Lieu of Jail Time?

DUI Probation is not a right, but rather a privilege in Michigan. Most judges believe that a sentence of DUI Probation in lieu of jail time is lenient. Their decision to sentence DUI Probation rather than jail time typically is influenced by several factors. A few of these factors may include:

  • The offender’s past criminal history including any alcohol or drug related offenses

  • Whether the offender adhered to bond conditions during the pending charge

  • The nature of the charge and whether it is a misdemeanor or felony

  • A pre-sentence interview report prepared by the probation department prior to the date of sentencing

Hiring an experienced DUI lawyer who can advocate on your behalf for a sentence that includes DUI Probation rather than jail time can also lead to a favorable outcome. A compelling sentencing memorandum is an important tool to be used by counsel as part of the overall defense strategy in a case.

Can I Be Sentenced to Both Jail Time and DUI Probation?

In some cases, an offender may be sentenced to a term of incarceration followed by a term of DUI Probation. For example, a person convicted of OWI Third Offense may be sentenced to sixty days in the county jail and two years probation. The period of probation will vary based upon the initial period of incarceration imposed by the Court.

What Will My Conditions of DUI Probation Be?

Conditions of DUI Probation differ based upon a variety of factors such as the charge, the judge, and prior criminal history including specifically, but not exclusively, any prior MCL 257.625a offenses.

Typical conditions of DUI probation include:

  • You must remain employed, in school, or actively seeking full time employment

  • No possessing of a firearm

  • Submit to random or scheduled drug or alcohol testing

  • Do not possess, consume, or be around places where alcohol is sold and to be consumed on the premises

  • Attend substance abuse counseling

  • Attend a Victim Impact Panel

  • Attend substance abuse or alcohol abuse support groups

  • Pay all court costs and fines, including probation oversight fees

  • Community service

  • Obey all local, state and federal laws

  • Report any official police contact

  • Report any changes in address or employment

  • No leaving the state without permission

Who Sets Probation Conditions and Who Do I Report To?

The Judge in your case will set the terms and conditions of your DUI Probation. You will then be assigned to a probation officer who you will monitor your probation. Meetings with your probation officer are typically on a monthly basis.

How Long Will My DUI Probation Last?

The period of DUI probation is dependant upon several factors such as the judge, the charge and past criminal history. Commonly the period of probation for a first offense drunk driving charge is one year. Some judges will consider early discharge from probation where the offender has been completely compliant and completed all of the terms imposed by the Court as part of the Judgment of Sentence.

How Do I Complete DUI Probation Successfully?

It is important that you complete your DUI Probation successfully to avoid jail time or an extension of your probation period.

Some of the ways that will help you complete DUI Probation successfully are:

  • Make sure that you are aware of all of your probation conditions

  • Keep a log of each time you test for alcohol or drugs

  • Retain the receipt for payment from each testing

  • Avoid individuals with a criminal history

  • Avoid places where criminal activity may be taking place

  • Complete all classes, counseling and community service as soon as possible

  • Pay all fines, court costs, and probation oversight fees as soon as possible or at least timely

  • Show up to all of your appointments with your probation officer on time

  • Always be respectful to your probation officer

What Happens if I Violate My DUI Probation?

If you violate any of the conditions of your DUI Probation, the probation officer will report it to the Judge who will most likely schedule a probation violation hearing. Attorneys refer to the procedure as a VOP which stands for violation of probation. You have the right to and should retain an attorney to represent you at the VOP.

Some of the most commons DUI Probation violations are:

  • Testing positive for drugs or alcohol

  • Failure to appear for testing

  • Missing an appointment with the probation officer

  • Being convicted of a new crime

  • Failing to pay fines and costs

If you are found guilty of violating your DUI probation, there are several penalties that you may face. Just a few possible penalties can include the judge sentencing you to jail time, an extension of your probation, and/or new conditions being added to your DUI probation.

If you have violated your probation, visit our DUI Probation Violation page for more information.

Can I Request My DUI Probation End Early?

In some cases, if all of the terms of probation are completed early and there have been no violations of probation, a Defendant can file a motion with the court for early termination of probation. The success of the motion is dependent upon several considerations by the Judge, including the reason for requesting early termination and whether the probation officer concurs with early termination.

Hire an Experienced DUI Attorney to Defendant Your Drug or Alcohol Related Charge

If you or anyone you know has been arrested for suspected drunk or drugged driving, contact Michigan’s Premier DUI Defense Attorney Edward Duke at 248-409-0484 to discuss the specifics of your case.

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Summary
Michigan DUI Probation
Article Name
Michigan DUI Probation
Description
If you are convicted of a drug or alcohol related traffic offense in Michigan, you will undoubtedly be sentenced to a period of DUI Probation whether or not the court imposes any period of incarceration.
Author
Duke Law Group