felony dwi probation violation
I received a felony DWI three years ago this past May. This summer in July I gave a police officer a false name while at a party where he proceeded to give me a PBT and I had been drinking. On the DWI conditions part of my conditions were to remain law abiding and obviously not to drink. I informed my probation officer regarding this matter and she proceeded to violate me and is really pissed! I went to jail for two days. I have a court date soon for a violation hearing and was wondering what the judge might do this is my 1st violation ?
2 Answers from Attorneys
Re: felony dwi probation violation
As you likely know, the judge could revoke your probation and send you to prison, perhaps for the presumptive three years. If you were on a "stay of impostion" (of sentence) and this is your first alleged violation, it is possible the judge might not impose and execute a prison term. The best things you can do are retain a good lawyer to represent you, and do what you can to show post-violation rehabilitation (such as further CD treatment, etc.)
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http://www.liberty-lawyer.com/dwiduidrivingrelated.html
Re: felony dwi probation violation
Unfortunately, when the conviction is for a felony DWI, there is a signifiocant risk that the Judge will impose a significant sentence. You have prion time, not just jail time hanging over your head. If no prison time was imposed when you were convicted, you were very fortunate.
It is important to present a strong case for the revocation hearing. this includes reviewingthe evidence of alcohol use and taking remedial measures to treat the problem, ideally, before the hearing.
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