NJ Drunk Driving and Probation Violations | Thomas V Campo
Those on probation need to be very careful with how they behave. There are many missteps one can take that violate the terms of probation. These can include failing to alert your probation officer if you change your address, failing to check in and getting arrested for a new crime. These actions could send a offender straight to jail. But what about a DWI arrest? New Jersey is unique in that DWIs aren’t technically “crimes” but disorderly persons charges. So what exactly happens if someone gets an NJ drunk driving charge while on probation?
Common Probation Requirements
When put on probation, there are many rules and requirements that you must adhere to in order to successfully complete the program. Due to the risk of an offender fleeing, those on probation must remain within the state of New Jersey unless given explicit permission from a probation officer. If you move residences within the state of New Jersey, the state must be notified within 72 hours. You may also be subject to random searches of your person or home.
You will also have a ‘check-in’ schedule. This could mean in-person meetings, drug tests, phone calls and written reports. Those on probation must keep up with all payments such as child support or alimony and must remain employed, actively looking for a job or in some type of training program. Keep in mind that the terms of probation vary depending on the individual circumstances of a case.
Is Drunk Driving a Probation Violation?
As previously stated, an NJ drunk driving charge is considered a disorderly persons’ offense and not technically a “crime.” If the law stated that a crime must be committed in order to violate probation, DWI offenders would be in the clear, however, this is not the case.
New Jersey law states that probation can be violated by “offenses.” The term “offenses” includes things like traffic offenses and local ordinance violations and citations. Because “offenses” can violate probation, not just “crimes,” getting an NJ drunk driving charge will likely violate your probation.
Penalties for Probation Violations
Probation is essentially a deal that serves as an alternative to jail time. In the probation system, offenders may remain out of jail unless a violation occurs. If someone gets through the probation period without any issues, the possibility of jail time is removed. Violating probation means going back to jail and serving out the entirety of the original sentence.
Getting A Second DWI While Under Probation For A DWI
A first-time DWI offender in New Jersey typically does not serve jail time but can be placed under probation. If you are charged with a second DWI while under probation for a DWI, the probation violation itself will likely not result in jail time. However, the second DWI charge could result in jail time. It is important to immediately enlist the service of a good lawyer if you find yourself in this position.
NJ Drunk Driving Lawyer
If you are arrested for a DUI, it is paramount that you obtain legal representation – it’s the best way to beat your case, reduce penalties, or minimize the duration of probation. Thomas V Campo is a New Jersey criminal defense lawyer that will do everything possible to secure your freedom. He can educate you on how to successfully complete probation and can back you up if you fail. With over 20 years of experience and hundreds of cases won, Thomas V Campo knows exactly what to do. If you have been charged with a second DUI, contact Thomas V Campo immediately.