Fines, imprisonment, conditional discharge, and community service are all potential sentences for committing DWI. A DWI offender may also be sentenced to probation. Probation is a court-imposed criminal sentence that, subject to stated conditions and restrictions, releases a convicted criminal defendant into the community instead of confining them to jail or prison. Usually, a defendant is sentenced to probation in one of the following three ways: (1) the imposition of a sentence is suspended, and the defendant is placed on probation; (2) A sentence is imposed, but the execution of the sentence is suspended, and the defendant is placed on probation; (3) the court sentences the defendant to probation. These differences are very important. When a court suspends imposition of a sentence, the court may re-sentence the defendant to any period of incarceration up to the statutory maximum if the defendant violates any of the conditions of probation. When a court suspends the execution of a sentence, the court will first announce a period of incarceration, then suspend its execution or service while the defendant serves the term of probation. If the probation is revoked, the court will order the defendant to serve the jail time that it had suspended. If the defendant’s sentence is probation, the court may impose any sentence allowed by the applicable statutory guidelines if the defendant violates their probation and it is revoked.
Probation is used in many DWI cases to encourage offenders with alcohol problems to follow through with mandated treatment programs. Probation is usually conditional in nature and may be revoked if the offender refuses to comply with conditions such as participating in a treatment program.
As a condition of DWI probation, many courts impose sentences involving community service. Many states now have laws allowing community service sentencing for drunk driving offenses. The state of New York allows this type of sentence for first and second time DWI offenders.
The attorneys at the law firm of Nave DWI Defense Attorneys are experienced in handling DWI cases. If you need a lawyer who can help you obtain the best possible outcome in your DWI case, call the law firm of Nave DWI Defense Attorneys.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.