What is Probation?
Probation for a DUI is a court-ordered action that gives an offender the time to remain a member of the community, instead of going to prison or jail. Individuals who have committed a misdemeanor or a felony may qualify for probation if you have been convicted of a DUI. Unfortunately, receiving probation for a DUI is not offered to everyone. Even though you may wonder how long is DUI probation, there are more severe DUI convictions that result in prison sentences with no chance of probation or potentially a DUI probation after time in prison.
What Are Probation Conditions for a DUI in Indiana?
More often than not, when an individual is placed on misdemeanor or felony probation must report to an officer. Additionally, the defendants may also be required to:
- Have required court appearances
- Pay court costs
- Pay fines
- Pay restitution or reparations (if damages occurred)
- Attend drug and alcohol classes
- Be admitted to a detox center
- Take drug and alcohol screening
- Provide a DNA sample (if convicted of a felony DUI or other felony)
If you are in Indiana and convicted of DUI probation, then you can also expect to be required to remain gainfully employed.
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What Happens When a Person Violates Probation for a DUI?
There are two types of violations when it comes to DUI violation probation, those violations are:
- Technical violation (when any of the conditions of the DUI probation has occurred)
- New offense violation (when a new crime is committed)
If a person who is convicted of a DUI, and they happen to break any of the conditions of DUI probation, the probation officer generally will recommend a penalty for the violation of the DUI probation. A violation can result in a warning which requires an offender to attend a hearing for probation violation. The judge can require additional probation conditions such as:
- Jail time
- Revoked probation
DO NOT violate the terms of their probation, as the consequences can be severe, even for committing minor misdemeanors.
How is Probation Different from Parole?
Both parole and probation allow a person to stay out of jail and join the community. Where parole differs from probation, is that parole is granted after an offender serves a part of all the prison term. While probation allows an individual to avoid jail time.
How Long is DUI Probation in Indiana?
So, how long is DUI probation in Indiana? If an offender is convicted of a misdemeanor DUI, the offender will most likely be placed on some form of probation for a period of zero days up until one year. If an offender is convicted of a felony DUI/OWI in Indiana, they can expect a probation period of zero days up until the amount of time that is suspendable under Indiana law for a felony DUI conviction.
Hire a Criminal Lawyer
Being convicted of a DUI in Indiana is a serious offense and can result in major changes in your life. If you have been charged with a suspicion of a DUI/OWI in Indiana or even if you have been convicted of a DUI and need an expungement DUI, call our office at 317-500-4857 today.