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Consequences for misdemeanor probation violation?
What is the likely outcome if someone violates his/her probation for a misdemeaner DWI? This person has no other criminal record besides the DWI. The violation is the result of failing the breathalizer test required to start his/her car (put in place as part of probation).
3 Answers
- Anonymous1 decade agoFavourite answer
I assume that the violation is consuming alcohol in violation of a probation condition that alcohol not be consumed. The fact that the person was attempting to drive after having consumed alcohol does not help the situation at all. Ordinarily minor violations of probation in misdemeanor cases are not treated harshly, but I would not be surprised to see a judge impose a short period of jail custody for this kind of violation.
Beyond the legal question, if this person is unable to stop drinking despite the inevitability of discovery and the real possibility of incarceration, he has a severe problem and needs to seek help ASAP.
Source(s): 30 years as a criminal defense attorney. - drb1256Lv 41 decade ago
The sentence imposed by the judge will have to be served. This will almost definitely cause the probation to be revoked. There is too much liabilty at stake.