The A-Z of DUI Probation

Posted by James Ferguson | Nov 15, 2018 | 0 Comments

Why Did I Receive Probation?
Probation is one of the penalties imposed on DUI offenders. First-time offenders who are not involved in any traffic accidents and have not harmed anyone as part of the DUI offense are usually not subject to probation. What does the punishment of DUI probation entail? Firstly, probation is a court-imposed criminal sentence that releases a convicted criminal offender into the community instead of confining him or her to a jail. The probationary period is subject to certain terms and restrictions that the convicted person must abide. Failure to abide by the terms will lead to the revocation of the probation and likely commencement of jail time.

Terms
Probation frequently comes into play where there are aggravating factors to the DUI offense such as injury or a previous conviction. For all intents and purposes, these offenders would usually serve jail time. However, due to certain mitigating circumstances, a judge will impose a sentence of probation instead. During this period, the offender will come under the strict supervision of the court. In Mississippi, DUI probation can accompany a non-adjudication program where the court will withhold a conviction upon the offender's successful completion of the probationary terms. As discussed, the court requires DUI offenders under probation to abide by specific terms. For one, the defendant must pay all court costs and fines associated with the case. The court may also require them to attend the Mississippi Alcohol Safety Education Program, for which the offender must pay. Similarly, the court can require the offender to attend a set hours of community service. In addition, an ignition interlock device can be installed in the offender's car as a means to monitor any future attempts to drink and drive. In some instances, the offender is fitted with an ankle bracelet to monitor his or her compliance with the terms of probation.

Process
The process begins when the court convicts the offender or when both the state and the offender arrive at a plea deal. The court makes the order, which is then formally imposed upon the offender. When the offender receives the court order, he or she must start by paying all court costs and fees. The offender must also pay for any required alcohol education courses and the ignition interlock device. All of these processes occur at the court and with a designated probation officer who is assigned to the offender. The court will monitor the progress of the offender through the assigned probation officer.

Revocation
Revocation can occur in two ways. It can occur with the successful completion of all the terms and requirements of the court order. In the alternative, it can occur with a violation or an inability to complete the requirements of the court order. Either event will lead to revocation of the probationary period. Successful completion may lead to a lesser charge or non-adjudication of the charge. Revocation due to a violation of the terms can lead to jail time or additional charges.

Your DUI Attorney
Attorney James Robert Ferguson is an experienced DUI attorney with years of experience defending DUI cases. Driving Under the Influence is a serious crime. If you have been charged with DUI, you need an experienced attorney. Attorney Ferguson understands that the stakes are high and the importance of putting the charge behind you. Call us now for a consultation.

See related blog posts:
The Ignition Interlock Device: Unusual Punishment?
A Closer Look at Mississippi’s First Offender DUI Law

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free Consultations

Please contact me anytime to discuss your case. I understand that you will have many questions about your DUI, and I will guide you through answers to the questions that you have and those that you haven't thought of. My goal is to make you comfortable with the defense process. Every case is prepared for trial, but a trial is not always necessary. Consultations are always free and confidential.

Someone on your side

Being charged with a crime is intimidating. Beyond the fear of jail, court costs, and fines, there are questions as to the impact on your job and your right to drive. Rest assured that I will be there every step of the way to guide you through the process, and to help you minimize the impact of a DUI on your life. Call me today.

Menu