After a conviction for driving while intoxicated, or DWI, chances are, you will have probation. Ideally, you should follow the rules that are set for you by the court. Unfortunately, this does not always happen. If you were arrested for another DWI charge while on probation, here is what you need to know.
Will You Go to Jail?
Probation is a suspended sentence and you could possibly land in jail if you fail to meet the terms. Being arrested for another DWI while on probation does not guarantee that the judge will lift the suspension and require you to serve out the remainder of your sentence, but there is a good chance he or she will.
There are several factors that play a major role in whether or not a judge is willing to give you another opportunity to complete your probation. One factor is how well you have followed the terms set for the sentence. For instance, if you have attended alcohol abuse classes, maintained a job, and met with your probation officer when required, the judge might agree to maintain the probation.
Your probation officer will also a part in if it is possible to stay out of jail. The judge will rely heavily on the report provided by the officer. If he or she submits a negative report or recommends that you be sent to jail, your chances of remaining free will be in jeopardy.
What Can You Do?
There are three possible outcomes to your case. The judge could opt to extend your probation to a longer period and include additional requirements you have to meet. He or she could also decide to revoke your probation and send you to jail. There is also the possibility that the judge will allow you to continue with the previous terms with no modifications or additional requirements.
To increase the odds that you will not be sent to jail, you need to become a model citizen. For instance, you need to avoid missing all appointments with your probation officer. If there were requirements you have not met, such as obtaining your GED or finding a job, try to fulfill those before your court hearing.
You should also get treatment for your addiction. The second DWI signals a problem to the judge and by seeking out treatment on your own, you can show him or her that you are committed to overcoming the addiction. The judge is more likely to show some leniency if you show you really want help.
Your DWI attorney can help you find other ways to reduce the chances of going to jail after being arrested again. For more information, contact an attorney or visit site like http://www.trafficlawyersuffolkcounty.com.