Tag Archives: Probation

Iowa Deferred Judgment program how does it work?

Recently on our DUI website a user asked, “I received my first Iowa OWI charge. I have heard some information about a potential program that may allow me to plead guilty to the charge, fulfill some requirements and potentially not have the charge show up on my criminal record. Can you tell me more information about the Iowa Deferred Judgment program and whether or not I might qualify?”

Continue reading

Minor and DUI when will I be charged as an adult?

Recently on our DUI forum a user asked, “If I was 17 when I was arrested for driving under the influence of alcohol and my blood alcohol concentration was well above the legal limit, will I be tried as an adult or will I be tried as a minor? Also, in the State of California, what charges can I expect? This is my first offense.”

Continue reading

Alcohol education classes what if I refuse?

Recently on our DUI forum a user asked, “I was arrested for DUI and part of my condition for my probation was that I attend a drug and alcohol education class. I know that these classes are supposed to help me understand about the consequences of drinking and driving and how detrimental alcohol dependency can be for my life, but I feel like I know that already. What is the worst that can happen to me if I refuse to attend these classes?”

Continue reading

Probation and how it limits moving to a new home

If you are on probation related to a DUI, you should know that it carries certain limitations with it.  One of these limitations is that if you are considering relocation to a new state or place within your current state, you will have to request permission from the court or your probation officer.

The reason that someone on probation is required to formally request permission to move ties back to the original intent of probation.  Probation is often given to someone in lieu of having that person serve  time in jail, so part of the purpose is punishment.  In the case of a DUI, the punishment can include limited driving privileges, attending Alcoholics Anonymous (AA) meetings, undergoing periodic sobriety tests, and periodic reporting to a probation officer.  In addition, sentencing someone to probation rather than jail time allows the individual the opportunity to rehabilitate his life.

In order to help enforce both the punishment and rehabilitation aspects of probation, your probation officer or the court need to know where you live.  By knowing where you live, the probation officer or court can be sure you are adhering to the requirements of your probation and that you are living in a location and overall situation that is conducive to you avoiding a repeat infraction.

If you are on probation and want to move, you should contact your probation officer or the court.  The process for moving can vary from state to state, within a given state, and depending on other factors specific to your individual situation.  Therefore, it is best to have your probation officer or the court explain the process in light of your individual circumstances.

Whether the court will approve a relocation request will vary widely from case to case, depending on your original crime, if you have violated your probation previously, and the states involved.  You generally need to have a good reason for the move, such as to accept a job opportunity or to be closer to family members.  But even with a good reason, there is no guarantee that your new location will accept your transfer.

If your transfer request is approved, the court will transfer your probation to the new location where you want to live.  The court will still expect you to adhere to the other conditions of your probation, including working with a new probation office in your new location.

If you move without obtaining approval from the court or after the court has denied your request to move, the court can find you in violation of your probation because of your relocation.  The court has a wide array of actions it can take as a result of such a violation.  These actions can include extending the time of your probation, increasing your supervision, or even placing you in jail.

If you believe your relocation or other actions you performed may be in violation of your probation, you would be wise to speak with an attorney, as it is possible that there is now a warrant out for your arrest.

The article above was written by Mark J.

Related articles

Defending A DWI In Seattle

A DUI or driving under the influence arrest can be overwhelming. You are probably wondering what you should do next or how much it will cost you. Maybe you have been arrested multiple times for DUI and you are scared it may affect your employment or you may lose your Seattle license. It is time to call a Seattle DUI lawyer. Seattle DUI attorneys can answer all or your DUI questions and organize your DUI defense.

DUI lawyers in Seattle have handled hundreds of DUI cases from DUI misdemeanors to DUI felonies. Most criminal defense lawyers in Seattle offer a free initial consultation to review your DUI charges and determine whether or not they can help you. Many drivers think it is best to plead guilty and move forward, and it may be, but it is always a good idea to make sure you understand the legal ramifications of a guilty plea.

Seattle DUI lawyers are professional and knowledgeable about Seattle DUI laws, and they can help through every step of the DUI process. What penalties do you face? Will you lose your Seattle driver’s license? Call a Seattle DUI criminal defense lawyer and find out.

Seattle DUI Laws

Seattle drivers, who are arrested with a BAC or blood alcohol concentration of 0.08% or higher, can be charged with DUI. Seattle drivers who are under the age of 21 and have a BAC of 0.2% can also be charged with DUI. Consuming less than the legal limit of alcohol does not necessarily mean a driver will not be arrested for DUI. Drivers who have consumed alcohol and can not operate a motor vehicle safely may be considered “under the influence” and can be arrested.

Penalties for DUI in Seattle

DUI penalties in Seattle can vary depending on the criminal record of the driver or if there are any aggravating circumstances such as severe injury or death. Talk to a Seattle DUI lawyer about the details of your DUI case. General DUI penalty information is provided below:

First DUI Conviction in Seattle

(With in 7 years)

  • Seattle drivers are required to stay 1 day to 1 year in jail or may instead be confined 15 days to 30 days with at home electronic monitoring.
  • Seattle drivers may be required to pay fines of $823 to $5,000.
  • Seattle courts may suspend a driver’s license for 90 days to 1 year with a 5 year probationary license.
  • The courts may require Seattle drivers to install an Ignition Interlock Device.
  • The courts may require Seattle drivers to complete an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Seattle DUI penalties may become more severe for drivers who have a BAC of 0.15% or higher or if a driver refuses to submit to a chemical test.

Second DUI Conviction in Seattle

(With in 7 years)

  • Drivers must spend 30 days to 1 year in jail or the court may allow 60 to 90 days at home with electronic home monitoring.
  • Seattle drivers must pay fines of $1,078 to $5,000.
  • The courts require a license suspension for 2 years to 900 days followed by a 5 year probationary license after the driver’s Seattle license is reinstated.
  • The courts may require monitored probation for up to 5 years.
  • Drivers may be required to install an Ignition Interlock Device on their vehicle for 1 year.
  • The courts may require a driver to take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Third DUI Conviction in Seattle

(With in 7 years)

  • Seattle drivers are required to stay in jail for 90 days to 1 year, or the courts may allow 120 to 150 days of electronic home monitoring.
  • Seattle drivers are required to pay fines of $1,928 to $5,000.
  • The courts can suspend a driver’s license for 3 to 4 years. The driver may have a probationary license for 5 years after their driver’s license is reinstated.
  • Drivers may have to serve 5 years of monitored probation.
  • Drivers may be required to install an Ignition Interlock Device for 1 to 10 years.
  • Drivers must take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Hiring a Seattle criminal defense attorney

What does a Seattle DUI lawyer do for you? They can answer all of your DUI questions, investigate the DUI case and determine what options are best for you. DUI attorneys also file motions and discuss your DUI case with the prosecuting attorney. Can they guarantee your DUI charges are dropped or reduced? No, but they can provide the best chance you have to get a great DUI defense. Do not try to fight DUI charges alone. Let a DUI attorney do the work for you.

Brief Review of DWI Law and Penalties in New Mexico

Penalties for a DWI arrest in New Mexico can vary for drivers depending on whether it is their first DWI arrest, the amount alcohol in their blood (BAC), the county where they are arrested and if their DWI caused another person bodily injury or death. New Mexico has some of the toughest DWI laws in the country, and even if this is the driver’s first DWI offense, it is a good idea to call a New Mexico DWI lawyer. A DWI attorney can review the DWI case and answer all of the DWI questions.

DWI in the state of New Mexico includes:

  1. Operating a motorized vehicle under the influence of alcohol or drugs at a level which makes the driver incapable of safely operating the car.
  2. The driver’s blood alcohol concentration (BAC) is 0.08% or higher. If the driver is a commercial truck driver it is illegal to operate a truck with a BAC of 0.04% or higher.
  3. The driver is under the age of 21, and their BAC is 0.02% or higher

Aggravated DWI can occur if a New Mexico driver has a BAC of 0.16% or higher, the driver causes personal injury to another person while they are intoxicated or they refuse to take a chemical test.

Penalties for DWI in New Mexico

First offense

(Misdemeanor)

  • Could be required to spend up to 90 days in jail
  • Mandatory attendance of an alcohol education class and an alcohol evaluation class
  • License revocation for 6 months to 1 year. If the driver is under the age of 21 their license will be suspended for 1 year.
  • Mandatory Ignition Interlock Device for one year
  • Community Service

Second Offense

(Misdemeanor)

  • Required 2 year license revocation
  • 96 hours mandatory jail sentence and up to 364 days in jail
  • Required to pay a fine of $500 and up to a maximum of $1,000
  • Alcohol evaluation and class
  • Required community service
  • Required installation of Ignition Interlock Device

Third Offense

(Misdemeanor)

  • Mandatory 3 year license revocation
  • Up to 5 years probation
  • Minimum $750 fines and penalties with a maximum of $1,000
  • Required community service
  • Mandatory attendance in an alcohol treatment program
  • Mandatory installation of an Ignition Interlock Device for 3 years

Fourth Offense

(Felony in the 4th Degree)

  • Permanent license revocation with a 5 year court review
  • Mandatory alcohol treatment and evaluation class
  • Lifetime Ignition Interlock Device with a 5 year court review
  • Maximum $5,000 fine
  • Maximum 18 months in prison with 6 months mandatory jail time

Refusing to take a breath or blood test

New Mexico drivers who refuse to submit to a blood test will automatically lose their driver’s license for 20 days after their DWI arrest. This revocation can be challenged by filing a written request for a DWI hearing with in ten days from the date of the DWI arrest. The arresting officer will generally give the driver notice of revocation at the time they are arrested. If not, the Department of Motor Vehicles will send the notice via registered mail.

Failure to make a written request for a DWI administrative hearing will lead to the revocation of the driver’s New Mexico driver’s license. A request for a hearing must be received by the motor vehicle department with in 10 days from the date of the DWI arrest. A DWI attorney can help complete this form and review all of the DWI arrest information.

Common Questions about DWI arrests in New Mexico

  • Do I need to hire a New Mexico criminal defense lawyer?

New Mexico drivers do not have to hire a New Mexico DWI lawyer, but New Mexico’s DWI laws are some of the toughest in the country. Failure to file the proper DWI forms can lead to a license suspension. DWI offenses are not like other traffic violations. Serious consequences for a DWI arrest can include: jail time, fines and penalties, alcohol treatment classes and license suspensions.

  • What happens if my first DWI was an aggravated DWI?

Drivers who are arrested with a blood alcohol level of 0.16% or higher, who have caused injury to another driver or who have refused to submit to a BAC test can be charged with an aggravated DWI. The type of penalties assessed against the driver will depend on many different factors, but at the minimum, the driver will be required to spend at least 48 hours in jail. A criminal defense lawyer can review your case and tell you the specific penalties you may face.

Understanding Texas DWI Laws

If you have been arrested for a DWI in Texas, it is important to contact a Texas DWI lawyer immediately. This is no time to try and handle things yourself. A DWI can have long-term legal consequences. If you are charged with a crime it can drastically affect your future. Community service, fines, probation or a jail sentence are all real possibilities without the right DWI attorney.

DWI lawyers will provide an initial review of your DWI charge and in most cases, the first appointment is free. DWI lawyers understand Texas DWI laws are more likely to get you a favorable outcome in your DWI case. A DWI attorney can help research your DWI incident, prepare your DWI case and help file any necessary DWI paperwork. If you are convicted of a DWI you could face:

  • Penalties and fines
  • Potential jail time
  • An increase in your insurance cost
  • Driver’s license suspension

For a DWI in Texas, call a DWI lawyer. We may not be able to eliminate all of the expense and inconvenience of the drunk driving arrest, but we can help.

What is a DWI?

Texas DWI laws define a person as legally intoxicated if they do not have the normal use of their mental or physical faculties due to drugs, alcohol or a combination of both substances. Intoxication also can occur if an individual has a blood alcohol concentration of 0.08 or more.

Penalties for DWI in Texas

  • First offense- An individual can be convicted for a DWI if the state can prove they have lost their physical or mental faculties or their blood alcohol level is greater than 0.08. The first DWI offense is considered a Class B Misdemeanor and carries penalties of up to 180 days in jail and a fine up to $2,000. The proceedings are generally held in the County Court. Community service will be assessed for at least 24 hours but not to exceed 100 hours.

  • Second offense – If an individual is arrested a second time for a DWI, there must be a condition of release ordered by the court. This can include installing a deep lung machine on the car. Additionally, a fine up to $4,000 is required, jail confinement of no less than 72 hours or more than one year of community service. A judge can require the offender to serve at least 80 hours of community service but no more than 200 hours. The offender may also have their license suspended for at least 80 days but less than two years.
  • Third offense – If an individual is convicted of DWI for a third time it is considered a third degree felony. They can be fined up to $10,000 and confined to prison for two to ten years. After conviction and release from prison, a deep lung air device is usually ordered as a condition of bond or release. Community service must also be completed for 160 to 600 hours and their driver’s license is suspended for 180 days to 2 years. The judge may also order a variety of alcohol treatment programs.

Common Questions about DWI arrests

  • Do I need to hire a Texas criminal defense lawyer?

You should hire a Texas defense lawyer as soon as possible. A hearing request must be scheduled within 15 days of your DWI arrest. Failing to schedule the hearing or hire an attorney will waive your rights to fight against a license suspension.

  • What do I do if my license is suspended and I need to get to work?

Most Texas defense lawyers can help get you an Occupational Driver’s License even if your license has been suspended. This type of license will allow you to travel to and from your job.

  • What is the difference between DUI and DWI in the state of Texas?

Not all states use the same terms, but in the state of Texas driving while intoxicated means a person is operating a motorized vehicle while intoxicated by drugs, alcohol or a combination of both. Texas law uses the term DUI or driving under the influence to define an offense for anyone under the age of 21. If anyone under the age of 21 is operating a motor vehicle and an officer detects alcohol, they could be charged with a DUI.

Understanding California DUI Laws

If you have been arrested for a DUI in California, it is important to discuss your DUI case with a California DUI defense lawyer as soon as possible. A DUI lawyer can take immediate action and help develop your DUI defense. According to California DUI laws, an APS or Administrative Per Se Hearing must be scheduled within 10 days from the date of your DUI arrest. Failure to seek adequate legal counsel can result in harsh penalties for your DUI arrest including:

  • Jail time
  • Large monetary fines
  • Suspended or revoked driver’s license
  • Increased California car insurance premiums
  • Installation of an Ignition Interlock Device
  • Probation
  • Participation in a DWI education program
  • Loss of a commercial license- if you are a commercial truck driver

Failure to contact a DUI attorney in California is a mistake. California DUI laws and mounting a DUI defense can be complicated. A DUI conviction will stay on your driving record for at least 7 years. A California DUI lawyer can help. Call a DUI attorney today for a free consultation about your DUI arrest.

What is a DUI?

In California it is illegal to drive under the influence of any alcoholic beverage or drug. California DUI laws define “under the influence” as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Proof of a DUI can be obtained from the observation of an individual. The officer watches for slurred speech, the inability to walk or blood shot eyes. Additional evidence can be obtained through a Blood Alcohol test. In California it is illegal to drive with a BAC of 0.08 or higher. If your BAC is 0.08 or higher, you can be charged with a DUI even if you are not exhibiting any signs of being “under the influence”.

California DUI penalties

First Offense:

·         The court will sentence the defendant to a jail term for a minimum of 48 hours.

·         Fines can range from $1400 – $1800 and additional court fees are included. All DUI fines must be paid within 45 days or financed to be paid. Some fines may be discharged by community service.

·         A 3- 5 year probationary period will be imposed.

·         Required 10 month license suspension (limited driving may be allowed for school and work)

·         Required attendance of a 3-6 month drug and alcohol program is mandatory

Second Offense

·         Required jail term for a minimum of 96 hours

·         A 3-5 year probationary period

·         $1800 – $2800 in fines and penalties must be paid plus additional court fees

·         18 month driver’s license suspension, drivers may apply for a restricted license 12 months after the DUI arrest

·         The defendant must attend a drug and treatment program for 18 months.

Third Offense

·         Required jail term for 120 days minimum

·         3-5 years probation

·         $1800-2800 in fines and penalties for the 3rd DUI conviction, plus court costs must be paid

·         A mandatory driver’s license suspension for 18 months to 3 years.

·         A mandatory installation of an ignition interlock device.

Common DUI questions

Is a DUI arrest like a traffic ticket?

No, if you are convicted of a DUI there can be very serious penalties including a suspended license, probation and increased insurance rates. A DUI conviction is either a misdemeanor or a felony. It is important to take your DUI seriously and talk to a California DWI/DUI attorney as soon as possible.

How do I find a good DWI Lawyer?

Find a DUI attorney who has experience in criminal law. Find someone who is easy to talk to and wants to help you with your DUI case. Does the DUI lawyer listen? Did they answer all of your questions? Make sure you find someone knowledgeable about California DWI laws. Beware of a DUI defense attorney who guarantees results. There is no attorney who can guarantee a dismissal of your case.

Do I have to hire a DUI lawyer or can I represent myself?

Unless you fully understand the complexities of California DUI law it does not make sense to try and represent yourself in a DUI criminal case. If you do decide to represent yourself, you will need to file a hearing with the DMV within 10 days of your arrest. A DUI arrest is a serious matter, it is important to talk to a California DUI attorney as soon as possible.

The Difference Between DUI and DWI in Wyoming

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Wyoming, in its Vehicle statute 31-5-233, adds a little complication to the terms by combining them. Around the legal circles of the state, the acronym DWUI is sometimes used. This term simply means, as described in the statute, “driving or having control of vehicle while under influence of intoxicating liquor or controlled substances.”

Convicted first time offenders can receive jail time, stiff fines, community service, probation along with mandatory attendance of a drug education program, and license suspension. If you get probation, you are not sentenced, and the result does not go on your record if you successfully complete the court mandated education or treatment program. You are allowed probation only one time. A conviction without probation stays on your record permanently.

According to a news article posted in the Casper Star-Tribune on January 20, 2009, the state legislature in Cheyenne has been considering a bill that would adopt ignition interlock devices being placed on the automobiles of first time DUI convicted offenders for one year. The article quoted Representative Debbie Hammons, D-Worland, as saying “the mandatory devices have been shown to be effective in achieving results in the battle against drunk drivers in seven or eight other states.

Every community in the state has problems with drunken driving. This is an aggressive step to do something about it.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Wyoming law, and who specializes in representing your best interests.

Reblog this post [with Zemanta]