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An Overview of Probation
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Typically, a probationer on probation for OWI or a lesser offense will be ordered to pay all fines and costs, attend AA or a substance abuse counseling, refrain from drinking alcohol and from using any controlled substances, and perform a specific number of hours or days of community service or work program. In some instances, a probationer is ordered to attend an in-patient or out-patient substance abuse program. On a rare occasion, the probationer will be compelled to wear a tether for a period of time.
Some courts require frequent PBT testing, while others perform surprise PBT testing on certain holidays.
A probationer is required to make regular appointments with the probation officer. The probationer is required to report any contacts with law enforcement to the probation officer, and a new criminal charge is a probation violation.
If a probation officer finds that probationer violated one or more terms of the probation, a probation revocation hearing may be pursued by the prosecutor and/or probation department. The probationer has the right to plead guilty or not guilty. Because probation is viewed as privilege in lieu of incarceration, the standard of proof for proving a probation violation is not as high as the standard of guilt required in a criminal trial. Minimum due process requires that the probationer receive written notice of the alleged violation, be afforded an attorney, and have the right to hold a violation hearing. At the hearing the probationer has the opportunity to cross-examine witnesses.
The term of supervised probation may last six months to a year and can be as long as two years. After two years, the district court no longer has jurisdiction over the defendant, although fleeing and evading probation may result in a tolling of that two year period.
