In the state of Nevada, driving under the influence (NRS Chapter 484C) is a serious offense. Nevertheless, depending on the circumstances, your punishments following a DUI conviction may vary. The judge may fine you, remand you to community service, sentence you to jail or choose from another disciplinary method. He could also put you on DUI probation.
Only those convicted of a first or second offense within seven years are eligible to receive the sentence of DUI probation in Nevada. It does not necessarily take the place of a jail sentence, but those who meet its requirements can benefit from a lowering of other penalties.
What Will DUI Probation Entail?
The court that imposes a DUI probation intends for it to function not only as a punishment but also as a means of rehabilitation. In Nevada, its terms will typically include such things as:
- Random drug testing.
- Substance abuse counseling.
- Community service.
- Vehicle restrictions.
- Mandatory DUI school and Victim Impact Panel attendance.
- Meetings with an assigned probation officer.
- Regular appearances in court.
- Close supervision.
- Electronic monitoring through an interlock device.
Whichever requirements apply in your case, it is your responsibility to meet and comply with them. Any failure to do so will only compound an already serious situation.
What Happens if I Violate the Terms of My Probation?
The judge that has sentenced you to DUI probation has done you a favor, perhaps saving you from a fate that most would consider far more severe. In return, the court expects you to stick religiously to its conditions. Any failure to do so will engender additional punishments that could include:
- The reinstatement of any suspended penalties.
- The imposition of additional fines or fees.
Many judges respond to DUI probation violations by imposing the maximum sentences permissible up to the limit of the law.
The Probation Revocation Hearing
The probation officer who finds that you have violated one or more terms of your probation will respond by filing a report. The court, in most cases, will then schedule you for a probation revocation hearing at which you can attempt to defend your actions. You have a legal right to this chance.
Although the probation revocation hearing is similar to a standard bench trial, there will be no jury. There will, however, be a judge before whom you must appear. You will have the opportunity to submit evidence, cross-examine witnesses and testify on your own behalf. You will also have the right to avail yourself of legal representation.
Unfortunately, that is where the similarities end. At a probation revocation hearing, the prosecutor has no need to prove your violation beyond a reasonable doubt. A preponderance of evidence alone will do the trick. That makes these hearings harder to win than would be the case with a standard court trial. If you hope to emerge victorious, you will require the assistance of a good criminal defense lawyer and the experts at Weiner Law Group recommend strongly that you contact one as soon as you can. If your legal defense fails to gain an overturn of your probation revocation, the penalties you face will be severe.
When Will the Probation Revocation Hearing Take Place?
Once it has scheduled your probation revocation hearing, the courts will notify you in writing of the date, the time and the place. This should occur within a reasonable period following your violation. Unfortunately, if this violation involved the commission of a crime, your revocation hearing will likely take a back seat to the legal disposition of your criminal offense. If you receive notice of a probation revocation hearing, contact Weiner Law Group immediately at 702-202-0500.
How a Qualified Lawyer Can Help
In Nevada, driving under the influence is no laughing matter. The penalties are severe, but when conviction is inescapable, DUI probation is always preferable to the other alternatives. The assistance of a qualified defense lawyer from Weiner Law Group is imperative not only for getting your punishment reduced to DUI probation but also for handling every other aspect of your DUI case. Don’t let your DUI conviction ruin your future. Call Weiner Law Group today.