What if I Get a DWI While on Probation?

After a person is convicted of a crime, he or she is often able to avoid jail time by agreeing to a term of probation. In order to remain on probation and out of prison, the defendant must comply with specific conditions. Remaining free of additional arrests is just one of the conditions required of probationers. Failing to fulfill these responsibilities can have serious consequences, including jail time and heavy fines, so if you have questions or concerns about your own case, it is important to retain an experienced DWI attorney who can advise you.

Getting a DWI While on Probation

General Conditions

Anyone who is placed on probation must comply with general conditions, which include:

  • Prohibitions against committing any further federal, state, or local crimes;
  • Refraining from leaving the judicial district without the permission of the court or the probation officer;
  • Reporting to the probation officer each month;
  • Supporting their dependents and meeting family responsibilities;
  • Securing employment unless excused by the probation officer for schooling or training;
  • Notifying the probation officer within ten days if they move or change jobs;
  • Refraining from the excessive use of alcohol;
  • A prohibition against purchasing, possessing, using, or distributing any controlled substances;
  • A prohibition against possessing a firearm;
  • Refraining from associating with those engaged in criminal activity;
  • Allowing the probation officer to visit them at their home at any time; and
  • Paying any fines to the court on time.

All people who are put on probation in New York must comply with these rules. However, courts can also require defendants to comply with special conditions, of which there are two main types: punitive conditions and rehabilitative conditions.

Special Conditions

Whether a defendant’s probation sentence includes special conditions depends largely on the facts of each case as well as the sentencing decision made by the judge. The most common punitive conditions include:

  • Home confinement;
  • Community service;
  • Curfew;
  • Attendance at a victim impact panel;
  • Installation of an ignition interlock device on the probationer’s car;
  • Community development; and
  • Weekend confinement.

Rehabilitative probation, on the other hand, requires probationers to comply with conditions aimed at reformation, including:

  • Substance abuse counseling;
  • Mental health counseling;
  • Sex offender counseling;
  • A prohibition against drinking alcohol;
  • Submission to polygraph testing; and
  • A prohibition against all gambling activities.

Regardless of the type of probation a person is sentenced to, he or she is required to avoid further criminal activity. Defendants who are placed on probation are under the supervision of the probation department and if a person fails to abide by any of the required conditions by being arrested for a DWI, the probation officer can file new charges with the court.

A probationer accused of violating a condition of probation is entitled to a hearing before a judge who will determine whether or not there was in fact a violation. At this point, the judge has the discretion to change the defendant’s sentence, impose new conditions, or send him or her to prison.

Contact an Experienced New York DWI Attorney Today

To learn more about the consequences of violating probation, please contact the Law Offices of George Vomvolakis at 212-682-0700 to schedule a free consultation with a dedicated DWI attorney who can evaluate your case.