my boyfriend has a breathalyzer in his car and recently he has had 3 fails on it. my question is what can his probation offficer do? will he be ssent to jail or get an extension be put on house arrest?
Asked on 7/27/09, 10:27 pm
1 Answer from Attorneys
J. Matthew Guilfoil
The Guilfoil Law Group, L.L.C.
The probation officer will either recommend to the judge revocation or no revocation of his probation. The judge will be free within the full range of punishment that he agreed to when he pled guilty to sentence him-- i.e.-- first offense DWI: up to 6 months, second offense DWI: up to one year, 3rd offense DWI: up to 4 years, etc. Usually misdemeanor probation will result in a conviction showing and 5-30 days shock time depending on the court if probation is revoked on a DWI.
Answered on 8/04/09, 3:45 pm
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