The Role Of Probation In DUI Sentencing


New Mexico includes a probationary period as part of DWI sentencing in order to supervise the actions of people convicted of DWI. Montrose wants you to know that time spent on probation is very constrictive. Failure to comply with the court’s orders can result in stricter probationary terms. We work diligently for our clients in order to reduce the severity of the conditions of probation. We also devote a lot of time explaining the probation terms and answering any of our clients’ questions so that they don’t inadvertently violate their probation.

The Purpose Probation Serves in Drunk Driving Sentencing

Probation is a period of time when the driver has to follow the rules set by the court. The rules are a way for the court to closely monitor the driver’s behavior. Basically, the terms of the probation can be inconvenient, costly, and time consuming to serve as a deterrent to prevent the driver from committing another criminal offense.

Terms of Probation in DWI Sentencing

Even if drivers don’t have to spend time in jail as part of their DWI conviction, they usually have to go on probation as part of their sentencing. Typically, probation involves:

  • Maintaining regular contact with the assigned probation officer
  • Alcohol abuse screening
  • Community service
  • Participating in an alcohol abuse treatment program
  • Use of an ignition interlock device in vehicle for at least 1 year

Consequences of Violating Probation

When a person convicted of DWI violates any part of his probation, it could incur serious consequences with the court. The court reviews exactly what occurred, the extent of the driver’s prior compliance with court orders, and the driver’s previous criminal convictions when deciding how to address a probation violation. Some of the punishments that could happen after violating probation are:

  • Being charged with additional criminal offenses
  • Lengthening the amount of time of the driver’s license suspension
  • Serving jail time

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