I got arrested for a Drunk in Public on 02/12/10. This was after I was convicted of my first DWI on 01/04/10. As part of my DWI conviction I have to attend ASAP classes and am on ASAP probation for a year (not real court probation). Is my DIP charge a violation of probation, and what can they do? The judge gave me a 180 day jail time with 175 days suspended, for the DWI. I informed my probation counselor from ASAP about the DIP charge, and she was very understanding. She said judges don't reinstate jail time for DIPs. Is this true?
Please help!
2 Answers from Attorneys
Would seem to depend upon the particular judge (in my opinion), and I would
doubt that the probation counselor could speak for all of the judges on this
particular issue.
Technically speaking, the dip is a violation of your unsupervised probation. In the worst case scenario, the judge could give you back all your suspended time. However, in my experience it is unlikely. The commonwealth almost never remembers that you are on probation for this kind of offense, so they don't bring it up.
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