Skip to main content

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

Posted

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
586-412-5555
Www.cyabdolaw.com

Mark as helpful

1 found this helpful

8 lawyers agree

5 comments

Asker

Posted

Thank you so much for your time and advice. Yes, you were correct, I violated probation for the one DUI, I did not get another and I did not break any laws other than violating probation. Technically my probation doesn't end until March 1st, so Although I took the Crime Victims Panel class and will have the money paid off in time, I will only have 2 weeks of the AA before the hearing and I was supposed to have 12 weeks. Given my financial issues, I think it will be difficult for me to afford a lawyer. Are lawyers pretty reasonable about how you pay them (say I do a $50/week or something like that). My hearing is on the 28th, is it too late to get a lawyer? How would I fare without one? Can I go straight to jail from my hearing or is the hearing just where I will enter my plea? Thank you again for all of your time, this is very helpful!

Asker

Posted

My apologies for asking so many questions. I went a little over-board with it. I understand you aren't my personal consultant on this matter and that you are on here answering questions upon your own volition. I just have so many questions I need answered so hopefully I can find a way to get a lawyer and get the help I need! Again, I really appreciate the information you have given me!

Cy M. Abdo

Cy M. Abdo

Posted

Give me a call, free consult, 586-412-5555. Your number will be be forwarded to my cell. Hey, I have to finish what I started.

Asker

Posted

Just to clarify the community service I mentioned. Community Service is not part of my probation, just the CVP, Didactic, and money. I've done community service before through United Way and I've been wanting to do it again so I decided to re-sign up to be a volunteer. I figure I get two birds with one stone because It will show commitment on my part and I will be doing something once again that I've been thinking about doing anyways.

Asker

Posted

As an update, my Hearing was on Tuesday (what I had previously thought was the Hearing was just the arraignment). By the time of the Hearing I was (and am) 7 weeks into the 12 week didactic, the fines were paid off, and I had gone to a Crime Victims Panel. I did get a lawyer to represent me and he did a wonderful job. I ended up having to pay an extra $100 fine for the violations and have had my probation extended 2 more months so I can finish the last 5 weeks of the class. Considering how it could've gone, I am very fortunate for the ruling that I received. I appreciate everyone's advice very much!

Posted

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,

Mark as helpful

2 lawyers agree

Posted

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.

Mark as helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics