DUI Probation
Most states have similar laws when it comes to driving under the influence. For example, it is illegal for drivers over the age of 21 to operate a motor vehicle, whether it is a truck, boat, or motorcycle, with a blood alcohol content (BAC) of 0.08 percent or higher. This is called a "per se"¯ violation.States also use very similar criteria to determine whether a drunk-driving charge is a misdemeanor or felony offense. Typically, a first, second, or third offense is classified as a misdemeanor. Four or more DUI offenses are classified as a felony. If you are in an accident while under the influence and cause bodily harm, death, or property damage, you may also be charged with felony DUI.
If this is your first DUI offense, you can expect to receive an administrative license suspension. This occurs even before going to criminal court if your BAC was over the legal limit or you refused to take a breath test.
You will face criminal penalties as well. For example, you may be ordered to pay fines, perform community service, or spend time in jail. Under certain circumstances, judges may suspend this sentence and place you on probation.
Probation means that you are subject to supervision by a community probation department under specific conditions. The conditions are typically that you agree to not to drink alcohol or further violate the law. During this time, it is also necessary for you to keep a job. You must follow all of the regulations during the length of your probation period (typically one to two years). This may also mean reporting to a probation office once a month.
It is important that you follow all of the guidelines during your probation period. Failure to do so will result in your suspended jail sentence being revoked. You may even be facing a prison term for violating your probation.
In addition to being on probation, you will have to pay associated fees. These include your fine and monthly probation fee. You will also be sentenced to community service, ranging from 24 to 80 hours.
If you have recently been charged with misdemeanor DUI, you should contact a defense attorney as soon as possible. Your attorney can discuss your case options with you.
| States/Abbreviations | |||||
| AK | Alaska | LA | Louisiana | OH | Ohio |
| AL | Alabama | MA | Massachusetts | OK | Oklahoma |
| AR | Arkansas | MD | Maryland | OR | Oregon |
| AZ | Arizona | ME | Maine | PA | Pennsylvania |
| CA | California | MI | Michigan | RI | Rhode Island |
| CO | Colorado | MN | Minnesota | SC | South Carolina |
| CT | Connecticut | MO | Missouri | SD | South Dakota |
| DE | Delaware | MS | Mississippi | TN | Tennessee |
| FL | Florida | MT | Montana | TX | Texas |
| GA | Georgia | NC | North Carolina | UT | Utah |
| HI | Hawaii | ND | North Dakota | VT | Vermont |
| IA | Iowa | NE | Nebraska | VA | Virginia |
| ID | Idaho | NH | New Hampshire | WA | Washington State |
| IL | Illinois | NJ | New Jersey | WI | Wisconsin |
| IN | Indiana | NM | New Mexico | WV | West Virginia |
| KS | Kansas | NV | Nevada | WY | Wyoming |
| KY | Kentucky | NY | New York | DC | Washington DC |