Almost no DUI offenders go to jail for more than a week. In many jurisdictions, about half the probationers were sentenced for DUI. Cost is the main reason. DUI probationers typically pay thousands of dollars in supervision and other fees, offsetting the cost of probation. Jail and prison inmates usually pay nothing.
DUI probation is normally complex, and most defendants have little or no idea what to expect. This post addresses some common questions about DUI probation and serves as a roadmap to help DUI probationers successfully emerge from this trying time in their lives. With the help of a Marietta criminal defense lawyer, DUI probation is shorter and less intrusive, increasing the chances of a successful outcome.
What is DUI Probation?
Probation, or community supervision, is an alternative to incarceration. Probationers must abide by restrictive conditions that sharply limit their freedom, but unlike jail or prison inmates, probationers don’t lose all their independence.
All probationers must abide by certain conditions that we’ll break down below. DUI probation usually also includes several offense-specific conditions.
In a way, serving probation is like driving a car. Most people cannot drive more than five or six blocks without violating at least one traffic law, and most probationers cannot serve more than fix or six months without violating at least one condition. The obvious difference is that traffic violations usually go undetected. But Big Brother is always watching probationers.
Who is Eligible for DUI Probation?
Strictly speaking, no one is “ineligible” for probation. However, no one is guaranteed probation either. Typically, defendants with no prior felony convictions usually receive probation, either as part of a court sentence or plea bargain agreement. This rule is not absolute. A Marietta criminal defense lawyer can usually obtain probation even if the defendant is a convicted felon.
We should pause for a moment and address a burning question. Is probation always a good idea? At first blush, the answer is a no-brainer, because anything is better than being in jail. However, in some cases, a brief “get it over with” jail sentence may be a better idea than lengthy court supervision. That’s especially true if the defendant has personal issues, such as problems with authority or difficulty being in a certain place at a certain time.
Are DUIs Eligible for Deferred Disposition in Georgia?
The recently expanded Georgia First Offender Act is available in DUI matters. Judges have the exclusive authority to grant or deny entry into this program.
If the defendant successfully completes probation, the court seals (restricts) the conviction record. A few state agencies, mostly law enforcement agencies, can access the conviction record. But for most other purposes, such as family law and employment purposes, the conviction didn’t happen.
What Are DUI Probation Requirements in Georgia?
Being on probation is like being in a jail cell with the door half closed. Probationers can do what they like, as long as they abide by certain conditions, which include:
- Report to a Supervision Officer: Reporting is one of the most important conditions of probation. Most probationers must meet supervision officers twice a month. These meetings are not dental appointments. Supervision officers unilaterally schedule them, and probationers must show up, come hell or high water.
- Avoid Legal Trouble: Violating this condition is usually a one-way ticket to jail. Compliance usually means making some radical lifestyle changes. Individuals who once stayed out late with less-than-reputable friends must stay home and watch reruns. We normally tell people to keep their phones with them at all times, so they always have alibis.
- Perform Community Service: Community service comes in many forms. Sometimes, it’s painting fences or serving food at homeless shelters. Attending a DUI victim impact panel is also a form of community service. Normally, unless the supervision officer approves the project, the defendant doesn’t get credit for it.
Most probation agreements contain a long list of other conditions. The Big Three are usually the only zero-tolerance generic conditions. One missed meeting, arrest, or skipped class could mean probation revocation.
Additionally, DUI probation agreements usually include a number of offense-specific conditions, such as:
- IID Installation: Normally, defendants must drive vehicles equipped with Ignition Interlock Devices. This portable Breathalyzer is attached to the vehicle’s ignition.
- Alcohol Treatment: Most DUI sentences include mandatory alcohol evaluation requirements. Defendants must fully submit to these programs and follow all recommendations without questioning them.
- Drug Testing: Typically, defendants must provide hair or blood samples to prove they aren’t drinking or using recreational drugs.
If probationers violate a condition of DUI probation, a Marietta criminal defense lawyer may be able to smooth things over or see that the defendant gets a second chance. Usually, however, if you violate a requirement, the court takes adverse action.
This adverse action could be extending the term, tightening the conditions, ordering brief confinement as a condition of reinstatement, or complete probation revocation.
Can I Get Early Release from DUI Probation in Georgia?
A recent law significantly expanded the possibility of early discharge from probation. But early release is usually unavailable in these cases. Georgia law requires probationers to serve at least twelve months.
Initial probation may be longer than twelve months in a subsequent DUI case. After the twelve-month period expires, a judge can grant early discharge if this relief is in the best interests of the defendant and the best interests of society. Typically, judges at least consider these motions if the defendant has paid all fines, attended all classes, completed all evaluations, and is simply waiting for the clock to wind down.
What is Pro Forma Status in Georgia?
Early discharge usually isn’t an option, but almost everyone is eligible for pro forma (unsupervised) probation. Technically, the judge can convert regular probation to unsupervised probation at any time. Alternatively, the judge could ease the restrictions (e.g. one meeting every three months instead of two a month).
The downside to this law is that the judge also has almost complete discretion to tighten the screws at any time.
DUI probation is difficult in Georgia. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
