Drunk Driving: Parole and Probation
Drunk driving parole and probation are both supervisory-type mechanisms employed in the punishment phase of the criminal justice process in Wisconsin. Parole comes into play after a person has been imprisoned and is released. Alternatively, probation refers to a criminal sentence, separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system. All probations are subject to a requirement that the offender refrains from committing further crimes.
Persons convicted of a DUI in Wisconsin may be placed on probation, or for subsequent offenses, they may be given a jail or prison term and then paroled, subject to continuing supervision. A lawyer experienced in criminal defense and DUI laws in Wisconsin can explain the spectrum of possible punishments for DUI offenders and the possible sentences in greater detail.
Drunk Driving Probation
Many Wisconsin DUI offenders are placed under the supervision of a probation officer. 4th and subsequent DUI offenders may only need to contact their probation officers once a month by telephone or in person, while others may have weekly meetings with a probation officer and may be subjected to random tests for the presence of alcohol or illegal drugs. In other cases, the DUI offender’s car will be equipped with a special ignition-locking device that works in conjunction with a breath test and prevents the car from starting if the driver’s blood-alcohol level is too high. In addition, programs of intensive supervision have been developed in some areas that require offenders to wear an electronic monitoring device or call the probation office with their location and travel plans several times each day. Most probation plans in Wisconsin require an offender to work or go to school. And many plans require DUI offenders to obtain various kinds of treatment for their personal problems, such as attending Alcoholics Anonymous meetings, seeking drug-abuse counseling, attending anger-management classes, or taking part in group therapy.
Wisconsin probation officers act in a dual capacity in the criminal justice system. On the one hand, they are expected to help the DUI offender get his or her life in order and stay out of jail. On the other, they are expected to monitor compliance with the criminal sentence and be an arm of the law and promptly report any violations. For this reason, the Supreme Court has held that probation officers can search the home of a probationer without a warrant or evidence that a crime was committed. They are not bound by any requirements of confidentiality and, in fact, are expected to inform the district attorney about any possible probation violations. Once a probation officer determines that a client has violated the terms of probation in Wisconsin, a probation revocation proceeding is commenced.
Often, probation is structured so that the DUI offender receives a suspended jail or prison term along with the probation. If probation is revoked, the DUI offender will be incarcerated under the suspended-sentence provisions. Supreme Court decisions require that a person who is facing revocation of his or her probation be given a written statement of the alleged violation. Additionally, an opportunity to attend the hearing and present his or her side of the story, submit documentary evidence, and call and cross-examine witnesses is also required. The DUI offender is entitled to have the revocation decision made by an impartial decision maker, and is entitled to a written decision reciting the reason for revocation and the evidence upon which the decision maker relied. Violations only need to be proved by a preponderance of the evidence, a much lower standard than beyond a reasonable doubt. Whether the DUI offender is entitled to representation by a lawyer at this stage of the proceedings is a determined on a case-by-case basis in Wisconsin.
Parole in Wisconsin DUI Cases
Not all criminal justice systems use parole. Jurisdictions where parole is used are those that have “indeterminate sentencing” schemes, which basically means that the judge sentences an offender to a prison term with a minimum and a maximum length, such as five to fifteen years, and then the parole board determines when the offender is released. The DUI offender is usually eligible to go before the parole board at the end of the minimum sentence and may be released at that time, or any time thereafter, subject to the supervision of a parole officer. On the other hand, the parole board may decide that the prisoner is not ready for release because he or she has not completed the plan of rehabilitation or based on bad behavior while in prison. If parole is granted, it is often under terms and conditions that mirror those used in probation. If a DUI parolee violates the terms of parole, a parole revocation process like the one for probation revocation (as described above) is initiated. Once parole is revoked, the DUI offender is sent back to prison to finish the original sentence.
A DUI conviction in Wisconsin carries serious penalties, including the possibility of probation in the less egregious cases, and parole after completing a prison sentence in the more severe cases. Your criminal defense attorney can explain in detail the possible sentences that may be imposed for a DUI conviction in Wisconsin, including probation and parole, and can work with you throughout the process to achieve the least severe sentence possible.
Attorney Stephen E. Mays practices in all areas of criminal and traffic defense throughout the entire State of Wisconsin. If you have been charged with a traffic violation or criminal conduct, call Mays Law Office Toll-free: (866) 257-0440 attorney Stephen E. Mays today for a free case review.