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Alford plea DUI to neg 1 max 90 days in jail so if i violated my prob the max that could be done is the 90 days?

Kent, WA |

Once the 90 days have been served they can no longer bind me to probation

Attorney Answers 5


Violation of probation is addressed by RCW 9.95.220 ( The statute specifically reserves the right of the sentencing court to "respond to a probationer's violation of conditions".

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True. You are technically correct. They cannot sanction you with jail time, but they could impose additional fine. That is very rare.

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Yes, the maximum jail time that could be imposed would be 90 days. However, you rarely see this type of sentence. If you violate your probation, the court can impose fines as well. But it also depends on the type of violation too. For example, if you get a second DUI, you face extremely high penalties because the Neg. 1 still counts as a prior DUI if you are convicted of one. Also, if you are doing any sort of treatment as a part of your Neg. 1 case and you violate that, the court can impose further treatment if recommended by your treatment provider.

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While I mostly agree with my colleagues, it is my view that the court can keep you on probation for a full two years based on the suspended fine, even if there is no more jail time to impose (i.e., even if you serve 90 days in jail). The court could periodically order you to appear for review hearings, and then if you failed to appear for a review hearing, the Court could charge you with contempt, or the State could charge you for bail jumping.

That said, it would be almost unheard of for a court to sentence you to 90 days and keep you on probation. Most likely, if the court imposed 90 days, then the court would just close your file after you served the time.

Talk to your attorney about the options.

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