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What is the penalty for a DUI probation violation in Michigan?

Saginaw, MI |

I got a DUI and recently got a motion in the mail. I thought my probation period didn't end until March and had financial issues. Upoin recieving the notice I immediately enrolled myself in an AA program (11 weeks left), took the Crime Victims Panel class, and paid off the rest of the amount owed. When I have my hearing I will be 3 weeks into the class and the other two violations will be taken care of. I have also started doing community service at my own volition. Will they see that I am taking action (although at the last minute), and take into account that I am a full-time employee as a lab technition going to school part-time. Or will they give me jail time?

Attorney Answers 3

  1. Best answer

    Let me first say that you are on the right track by complying with the terms of your sentence and probation. Keep it up and bring proof to your hearing of the programs, payments, CS and AA. You should obtain a lawyer for your pv hearing. Although it is my feeling that you will end up pleading guilty because you didn't comply during the period of your probation, you will fare much better by your late efforts. From your post, I cannot determine if you got a new DUI or you are referring to the DUI which you are on probation for. Assuming you did not not get a new DUI, then you want to prepare a statement for your attorney to review and explain why you did complete the programs/pay fines as ordered; such as illness, financial reasons or being overwhelmed as a caregiver for a sick relative, etc... Excuses, but that is all you have sometimes. Now,when you violate probation, you face the maximum sentence which could have been imposed for the underlying offense. If your offense is DUI 1st, the maximum sentence is 93 days in jail, DUI 2nd carries a max of 1 year in jail. You need a lawyer to advocate for you and I hope that you have not received any criminal offenses while on probation and this is just matter of not completing the programs (which is bad enough). I do not know where your case is pending but your post indicates Saginaw. So, get yourself a lawyer there to help you.

    Abdo Law

  2. If it's an OWI first offense, the penalty is up to 93 days in jail for a probation violation, same as the offense itself. You seem to be on the right track now, but you also point out the other relevant factor--at the last minute. You need to hire a criminal defense attorney to advocate the positive factors on your behalf. Good luck,

  3. If it is a first offense owi the penalty is up to 93 days in jail. Owi second offense carries up to one year in jail. If you were in probation for owi third the maximum penalty is up to five years in prison.
    Taking steps to deal with the situation helps. However, the court is not going to be overly moved by your employment, etc. Serving jail or prison terms are never convenient.

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