Probation for your DUI/OWI

08 Oct 2018 - Purna Krishnamoorthy

Probation for your DUI/OWI

If you have a DUI (also known as an OWI), especially if it’s your first offense, you may be wondering what the consequences entail. If so, the purpose of this post is to give you a short introduction as to what you can expect.

You are going to have a probationary period ordered by the Judge, Additionally, you will be required to pay court costs and fines. The length of your probationary period will be determined by the results of your alcohol screening assessment and the written recommendation administered by your Probation Officer.

Probation is an order by the court that prohibits you from participating in certain activities. For example, it is likely that you will receive a period of probation in which you will be required to participate in alcohol screening, due to the fact that your charge was an alcohol-related offense. However, it also means that you will be prohibited from entering into establishments that primarily serve alcohol. Moreover, the Court will require that you stay out of any subsequent legal trouble throughout the duration of your probation, that you not leave the state of Michigan without written consent of the Court, that you make truthful reports to your Probation Officer as often as is required, and that you notify your Probation Officer of any changes to your home address, phone number and employment status. Furthermore, it requires that you pay for and attend individual and/or group counseling, as well as informative classes regarding the risks of drinking and driving, and participate in a set number of community service hours.

There are two types of probation that you can be sentenced to, reporting probation, and non-reporting probation. Reporting probation requires that you go in person to “report” to your Probation Officer for your alcohol screening. If you fail to report to your Probation Officer during your scheduled time, this will be considered a violation of your probation and a warrant will be issued for your arrest. The frequency of these alcohol screenings will be left up to the Judge’s discretion. Non-reporting probation is a more lenient method of probation. During the length of non-reporting probation you will be required to fulfill the other conditions that have been placed upon you by the Judge (hours of community service, paying your costs and fines, etc.) but will not be required to show up in person for any screenings.

Just as the frequency of screenings is left up to the discretion of the Judge, so is the length of your probationary period. Generally, for a first-time DUI offender the length of probation ranges anywhere from 1 year (12 months) to 18 months. If you are a second-time DUI offender then your length of probation increases, and can range from 18 months to 2 years. If you are a third-time DUI offender then it is extremely unlikely that your probationary period will be less than 2 years.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice** on the particular facts and circumstances at issue** from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.