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OWI probation violation can lead to the revocation of your 2-year probation (or however long the probation period may be), the original sentence being extended, a disciplinary jail sentence or your parole period is extended.
Milwaukee DUI Defense Attorney Explains DUI Probation Violation Laws
If you’ve received an early parole or DUI probation, the court imposes certain rules you must follow. While every situation is different, common stipulations include mandatory drug and alcohol counseling, random chemical tests, installing an ignition interlock device (IID) in each of your vehicles, and absolute sobriety.
While it may feel like returning to freedom, a DUI parole violation carries serious ramifications. Penalties for violating your DUI parole can include:
- Your parole or probation may be revoked
- Your original sentence may be extended
- You may be sentenced to disciplinary jail time
- You may face an extension of your supervision period
Below, our Milwaukee DUI defense attorney explains what happens when you’ve violated DUI probation.
You Are Only Guilty If You Are Convicted
Violating DUI Probation in Wisconsin: What are the Rules?
When placed on extended supervision, parole or DUI probation in Wisconsin, you are typically required to attend regular meetings with a probation or parole officer, who monitors your behavior to ensure you’re abiding by the conditions of release.
In addition to DUI fines and surcharges, you will be required to pay supervision fees, which are scaled based on your household gross monthly income.
If you’ve been placed on DUI probation in Wisconsin, you must serve at least half of your probation term before you are eligible for an early discharge from supervision.
You must abide by the following conditions to remain eligible for early DUI probation discharge:
- Follow all rules of the DUI probation
- All fines and supervision fees paid in full and on time
- Complete any treatment programs you have been ordered to attend
- Have no outstanding warrants for your arrest
If you are on parole or extended supervision, you are not eligible for early discharge of supervision.
DUI Probation Early Release Through Wisconsin Safe Streets Program
Certain OWI convictions allow for early release under a modified Wisconsin DUI probation program called Safe Streets. Mandatory jail sentences for a 2nd DUI, 3rd DUI or 4th DUI (non-felony) convictions can be reduced under certain circumstances. If you were charged with a DUI with injury, but had no prior first offense DUI violations, mandatory jail sentences may also be reduced depending on the circumstances.
Under the Safe Streets program, you must complete DUI probation with treatment for alcohol and drug abuse. Safe Streets can only be used once in a person’s lifetime.
In Wisconsin, DUI probation violations may lead to revocation of Safe Streets release, which means you will not be eligible for the program again for any possible subsequent violations.
The DUI Defense Milwaukee and Southeast Wisconsin Trusts for Case-Winning Results
The conditions of your DUI probation or parole can often be confusing or unclear. While your probation or parole officer is supposed to help you understand the process, the reality is they are frequently over-worked and unable to give your case the individualized attention it deserves.
Milwaukee DUI defense attorney, Tom Grieve, takes the time to get to know you and your case thoroughly, and ensures you have a full understanding of your circumstances.
If you’ve violated any conditions of your DUI probation or parole, the time to start building your defense is now. Talk to the tactical, strategic and aggressive DUI defense lawyer who fights tooth-and-nail over every shred of evidence. Wisconsin criminal defense attorney and Milwaukee DUI attorney, Tom Grieve has built a wide-reaching reputation for getting clients’ sentences reduced or eliminated. His remarkable record of defense success has earned him a long list of legal honors and awards, both locally and nationally.
Turn to the best Milwaukee law firm experienced in DUI cases and give yourself the best chance at getting charges reduced or dropped completely.
Contact one of the best DUI lawyers in Milwaukee now to set up your FREE DUI case evaluation.
In Wisconsin, how long does an OWI Probation Violation charge stay on your record?
If you're on 2 months or 2 years of probation in Wisconsin, violating that parole and going back to jail could be listed on your record permanently.
How to Beat a Probation Violation in Wisconsin
3 ways to fight your probation violation and stay out of jail
1. Prove to your probation officer you didn’t violate probation.
At your probation violation hearing, a judge will need to prove you violated your probation, and if you did, they will decide which punishment you should face. If you can prove your probation officer was wrong and you didn’t violate your probation, you will not be punished.
2. Fix the violations you’ve committed.
If you’ve violated the terms outlined by the judge or probation officer, you could work with the judge to fix the violation. This means to go do the things the judge had originally ordered you to do. If you failed to complete your community service hours, you might be able to go back and complete those hours to stay out of jail, for example.
3. Gather quality mentors to vouch for you.
Proving to the judge that you’re a valuable, positive addition to society using quality mentors to vouch for you in court could help fight any probation violations you’re facing. However, this will most likely only work if the people who are vouching for you are respectable and well known. This is a tactic that has worked for some people but is generally not going to be the most helpful.
The absolute best thing to do is hire a criminal defense lawyer that knows their way around the law. They can help you figure out the most effective route in fighting your probation violation case.
