Following a DWI/DUI conviction, a person will be on probation for a set time. The probationary period for minor DWIs typically lasts between one and two years. Generally, the probationary period for gross misdemeanor DUIs is two to six years. In the Twin Cities metro area, a probationary period for third-degree DWI is usually three to four years. For second-degree DWI, the probationary period is typically four to six years.
If the defendant has a pre-existing felony DUI conviction, they are ineligible for diversion. The individual will generally be on supervised probation for misdemeanor DUI (third or second-degree). Random alcohol testing and intensive monitoring might be required as part of the supervision. The probation for a misdemeanor DWI is often less demanding. With the proper counsel, you may seek unsupervised probation for a first-time misdemeanor DWI and, in some cases, unsupervised or lightly supervised probation (i.e., no random testing or monitoring requirements) for gross misdemeanor DUI convictions.
You may get arrested for violating the terms of your probation. The following things are considered: what the infraction was, how many times you’ve broken the rules previously, and which county is in charge of your supervision. Typically, these violations occur most frequently for DWI convictions:
Incomplete STS, EHM, or Community Service
It’s not unusual for people to be unable to finish their sentence of STS, EHM, or community service on time. Ideally, everyone would complete these requirements in a timely and efficient manner. However, if you’ve been given the option of STS or EHM over jail time, it is in your best interest to do everything possible to finish the task as scheduled. If you cannot commit to that schedule, speak with your probation officer about Options for rescheduling.
If a person does not complete STS or EHM as required by their probation agreement, the court will order them to do more STS or EHM, or they may have to finish the uncompleted time in jail. For example, if you fail to complete five days of STS, you would be ordered to do five days in prison instead.
If you don’t want to fail, don’t drink alcohol.
The expense of a DUI conviction differs by location. The penalty for failing to refrain from alcohol may vary significantly depending on the county. In some cases, such as in Wright County, Minnesota, failing to abstain from alcohol is always punished with time in jail, regardless of the offense.
The court will likely order the individual to serve some jail time if there are multiple infractions for failing to refrain from alcohol. The court may punish this (i.e., the individual does 365 days in jail on a third-degree or second-degree DWI or 90 days on a misdemeanor DWI) minus the time already served, depending on prior convictions.
You may be sentenced to jail or fined if you are arrested for a non-DWI violation.
Failure to Remain Law Abiding Due to a New DWI Conviction
If you are caught drinking and driving while on probation, the prosecutor will likely ask for some or all of your sentence to be carried out.
If you’re currently on probation for a DWI and have received a notice of violation, reach out to an experienced Minnesota DWI criminal defense attorney as soon as possible.
Contact St. Paul Criminal Attorney Kevin DeVore
Kevin has represented more than 90 clients in State and Federal courts. Kevin understands how to approach even the toughest prosecutors and judges, thanks to his experience. When you call Kevin DeVore, he will assist you through the legal process to receive the best possible outcome. To begin developing your criminal defense strategy, contact Kevin DeVore now, 24 hours a day, 7 days a week. Call us today at 651-435-6500.
Posted 16th December 2022 by DeVore Law Office