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DUI & Probation

Posted on:3/4/2012
Generally in a DUI case, you must appear before the court. If you are found guilty of DUI, the court will initiate a pre-sentence investigation. The result if the pre-sentence investigation will determine whether or not the judge grants probation.

The objective of probation is to spare the offender the stigma and other consequences of conviction. There are restrictions on the courts power to grant probation. Courts cannot grant probation to defendants charged with designated offenses. If you have been convicted of felony more than once you will not be eligible for probation.


The terms and conditions of your probation will be determined by the court. Your probation term cannot exceed the maximum period of commitment which could have been meted out for the offense. If you are being tried for underage DUI, the court generally may impose whatever period it sees fit, provided it does not exceed a stipulated maximum. Once you reach the age of majority, probation will terminate.


Every statute that provides for probation will specify that the probation can be revoked for any violation of conditions. Probation, like parole, is a privilege, not a right. You are allowed to remain at large by grace of the court. Just like the court has to power to impose conditions on the probation, the court can revoke the probation.


Your probation can be revoked for: (1) general misconduct, that is, violation of the rules and regulations imposed; (2) absconding; (3) commission of a new offense. Generally if you violate the terms of your probate, you will be given an opportunity to present your side of the case before your probation is revoked.

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