DWI Probation
DWI Probation
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Understanding DWI Probation in New York
If you or a loved one was pulled over and charged with Driving While Intoxicated (DWI) in New York, you can face a range of penalties that vary in severity. One of the most common punishments for a DWI conviction that is often overlooked but that can be stressful for you and your family is a period of supervision and restrictions on your driving privileges called probation.
Probation is usually given out on top of other penalties such as fines and in some cases, jail time. The number of years of probation a person receives if convicted of a DWI depends largely on whether your DWI was a misdemeanor or felony charge. Although the idea behind probation is rehabilitative with the aim of providing treatment and guidance to a convicted person so that they can return to the road safely in the future, the penalties and restrictions associated with probation can be difficult to deal with.
If you or a loved one is being charged with a DWI, DWAI or Aggravated DWI crime in Nassau County, contact the Law Office of Richard Hochhauser today for a free consultation and case evaluation. We have the knowledge and experience to help you fight your case or negotiate your probation.
What is DWI Probation in NY?
If you are convicted of a DWI in New York, the courts and NY Probation Department will determine the length of your probation and the specific conditions for your case. While you can expect three years of probation for a misdemeanor DWI and five years for a felony, the specific conditions of each person’s probation can vary.
Some of the conditions that are commonly expected of people on probation include the following:
- Testing: Blood and breath tests can be administered to you unannounced anytime the Probation Department decides it’s necessary.
- Employment or schooling: You may be required to hold steady employment or attend classes throughout the course of your probation.
- Supervision: Going to see your probation officer regularly at appointed times is an important part of probation.
- Home search: At any moment, your home can be subject to a search and seizure order.
- Gun ownership: You are restricted from owning any type of handgun, shotgun, rifle, or antique firearm.
- Going out: You are not allowed to enter establishments such as bars or night clubs where the main business is alcohol.
- Community service: You are required to complete a certain number of hours or length of time of non-paid community service.
- Ignition interlock device (IID): An IID is a device that attaches to the ignition and tests your blood alcohol content levels before enabling you to start your car. You must install an IID in your car at your own expense and keep it installed for as long as your probation requires.
- Evaluations: You may have to undergo an evaluation of alcohol and drug abuse and abide by the recommended treatment.
Leaving the terms of your probation up to chance for the courts and probation office to decide is a risky endeavor. Instead, you should call a knowledgeable DWI attorney in Nassau County to discuss the details of your case and start to prepare your best defense. A skilled DWI probation attorney in New York can help you fight your case, or fight for better terms of your probation.
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Can you drink while on DWI Probation?
Sometimes people who are on probation and have had their license suspended or revoked wonder if they can drink alcohol. Many people think that if they are not driving, then drinking on probation isn’t a problem. However, most terms of probation require abstinence from drugs and alcohol throughout the duration of the program, and you can be regularly tested and checked up on by your probation officer. Abstinence from drugs and alcohol is intended to assist you in your rehabilitation efforts.
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Is it possible to get an early termination of DWI probation in New York?
Probation is not only to rehabilitate people convicted of DWI in New York, but also to keep the public safe. When your license is suspended or revoked in NY, it is because the courts think you could be a threat to other drivers on the road. For this reason, it is very rare for a judge to allow an early termination of DWI probation in New York.
However, although early terminations of DWI probation are uncommon, Section 410.90 of New York Criminal Procedural law allows a judge to terminate probation early if they believe the public is not at risk of being harmed by the defendant, and that the defendant has complied with all the conditions of the probation up until that point. In some cases, when probation can’t be terminated, a judge can modify some of the conditions.
However, to terminate or modify a probation, you must request a hearing and the proper motions and procedures must be filed. Because having your probation terminated or modified can be complicated, it’s important to contact a DWI attorney in Nassau County to discuss your case. A qualified NY DWI probation attorney can help you request a hearing and present your case to have your probation terminated before a judge.
Contact the DWI probation attorneys in Nassau County
