Received a DUI excessive in March. Was sentenced in early July. Received one year supervised probation and one unsupervised. When I went to probation orientation the guy said we could have said no to supervised. I am worried about the overall cost and want to schedule a hearing to get this changed. 1st ever offense for anything. I did not have a public defender or lawyer. I just appeared in court on my own.
You can refuse probation, supervised or unsupervised, in the sense that then the judge just imposes a sentence under the law, which would be up to a year in county jail and/or up to $2000 in fines. Most people are going to take the probation, rather than going to jail for a while. Not sure what the guy meant here. If he meant you could choose unsupervised in place of supervised, that is wrong. If he meant everyone there at orientation was choosing to be on probation - because the other choice was going to jail for a while - that is correct.
A person is usually going to end up with supervised probation on an excessive, unless they complete the treatment prior to sentencing and have a really clean record. If that doesn't happen, the court would usually impose supervised probation, often two years, sometimes just one year.
You can always file a motion to go back before your judge to address the terms of your probation. I would counsel anybody who came to me that no judge was likely to give unsupervised probation on an excessive unless that treatment was completed. Even then, I tell people that supervised probation is usually there to: 1) to make sure people complete classes; 2) to make sure people aren't using the substances that got them in trouble, through UAs; 3) to keep close tabs on dangerous situations. An excessive DUI hits all 3 of those areas, so judges are not inclined to grant unsupervised probation. Even where treatment is completed before sentencing, the other 2 areas are still a valid concern to the prosecutor and judge.
A lot can depend on the blow also. A 0.30 DUI is usually viewed somewhat differently than a 0.205 DUI.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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