I was recently convicted of a OUIL w/ BAC>.17-1st offense. I have no prior DUI related offenses at all!! My understanding is that the maximum sentence for this offense is 180 days in jail. However, at sentencing, the judge gave me 365 days probation, a boat load of fines/fees etc. and the 180 days in jail!!!!!!! This is clearly an invalid sentence!
Now after 6 weeks in jail, they released me on a tether (a.k.a.Community Corrections) and I get my tether off on the day I was supposed to get out of jail. The tether agent says that the time I am on tether will count as being in the jail itself, the remainder of the 180 day sentence. So my question is 2 fold. 1. does the tether count as jail time served for the purpose of the 180 day sentence? 2. I believe that if I serve the maximum jail sentence for the crime, how can I be on the hook for the 365 days probation?
1 Answer from Attorneys
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Jules N. Fiani
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