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Parole & Probation
in Drunk Driving (DUI) Cases in
San
Diego
Parole and probation are both supervisory-type mechanisms employed
in the punishment phase of the criminal justice process. 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 drunk driving 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. Lawyers experienced
in criminal defense and drunk driving law can explain the spectrum
of possible punishments for drunk driving offenders and the possible
sentences in greater detail.
Probation in Drunk Driving (DUI) Cases
Many drunk driving offenders are placed under the supervision of
a probation officer, although for some minor or first-time
offenses, the offender is simply placed on probation for a
length of time without being required to register with the
probation office. Some 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 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 require an offender to work or go to school.
And many plans require 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.
Probation officers act in a dual capacity in the criminal justice
system. On the one hand, they are expected to help the 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, a probation revocation proceeding is commenced.
Often, probation is structured so that the offender receives a
suspended jail or prison term along with the probation. If probation
is revoked, the 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 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 offender
is entitled to representation by a lawyer at this stage of the
proceedings is a determined on a case-by-case basis.
Parole in Drunk Driving (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 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
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 offender is sent back to
prison to finish the original sentence.
Conclusion
Drunk driving 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 drunk driving conviction, including probation
and parole, and can work with you throughout the process to achieve
the least severe sentence possible.
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