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What Happens If You Get an OWI While on Probation?

HomeBlogBlogWhat Happens If You Get an OWI While on Probation?

What Happens If You Get an OWI While on Probation?

Probation isn’t easy. Every decision feels scrutinized, and the pressure to stay on track often clashes with old habits, making mistakes more likely. It’s a challenging road, and the research shows itโ€”nearly one-third of OWI cases involve repeat offenders, proving how common it is to stumble.

If you’re facing an OWI during probation, it’s a serious legal matter, but it doesn’t have to define your future. At Lucido & Manzella, P.C., we’ve spent over 25 years helping individuals in similar situations navigate these challenges, regain control, and minimize the impact of such charges on their lives. Our mission is to give you a clear understanding of what’s ahead so you can start taking the right steps to protect your future.

What Is Probation?

Probation serves as an alternative to incarceration, allowing individuals to remain in their community while adhering to strict court-mandated conditions. The objective is to support rehabilitation and monitor behavior.

Common Conditions of Probation

While probation terms vary depending on the court and the offense, some of the most common conditions include:

  • Obeying All Laws: Probationers may not violate any laws, including traffic ordinances.
  • Abstaining from Alcohol or Drugs: Many probation agreements explicitly forbid alcohol or drug use, which is closely monitored through regular testing.
  • Routine Check-Ins: Individuals must regularly report to a probation officer and may need to attend counseling or classes.

An OWI would clearly violate probation conditions due to its nature as a legal offense and its association with alcohol or drug use. An OWI conviction demonstrates a failure to meet the standards of accountability and responsible behavior expected during probation, potentially leading to serious legal consequences or the revocation of probation.

Consequences of Violating Probation with an OWI

The implications of an OWI while on probation are twofold. You’ll face penalties for the new OWI charge and additional consequences for violating your probation terms. Here’s a closer look at what to expect:

1. Probation Violation Appearance

You’ll be required to appear before the court that originally sentenced you to probation. During this hearing, the judge and probation officer will evaluate whether probation terms were broken and, if so, determine the consequences.

2. Re-sentencing on the Original Charge

If you violate probation, you risk being re-sentenced for your original charge. The court could decide to impose harsher penalties such as:

  • Jail or prison time that was initially avoided with probation.
  • Stricter probation terms, including longer periods or increased monitoring.

3. Penalties for the New OWI

Your new OWI charge will move forward as a separate legal matter. Repeated OWI offenses carry steep penalties in Michigan, such as:

  • Second Offense: Substantial fines, possible jail time, and license suspension.
  • Third Offense: This is a felony charge with severe penalties like extended prison time, higher fines, and prolonged license revocation.

4. Damage to Credibility in Court

Judges and probation officers see probation as a second chance. Violating that trust, particularly with an OWI, can make it harder to earn leniency, potentially leading to harsher consequences across both cases.

Minimize the Impact – Seek Legal Help Now

An OWI while on probation is undeniably serious, but it’s important to remember there is support available. An attorney can help by thoroughly analyzing the details of your case, identifying potential defenses, and advocating on your behalf to minimize penalties or even avoid additional charges. Having skilled legal representation is crucial to navigating the complexities of probation violations and protecting your rights and future.

At Lucido & Manzella, P.C., we understand the challenges you’re facing and are committed to helping you through this difficult time. Contact us today to start building your defense. Your future is worth fighting for.

 

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