I received a DWLS 3 while on probation for DUI. I reinstated my license and have completed everything asked by the courts including paying off all fines. The mandatory sentence for a probation violation is 30 days in jail. Can an attorney keep this from happening?
1 Answer from Attorneys
Probably, but it depends largely on the court you are in. If you are convicted of DWLS (any degree), DUI statute requires a 30 day probation violation sanction.
If you are not convicted, then the court and prosecutor have a lot of flexibility in what, if anything, to do you.
If you are relicensed, most courts offer some way to resolve the DWLS charge without a conviction, creating an opportunity to avoid the 30 days.
And many courts, even if you are convicted, allow a jail alternative on the 30 days.