Monday, February 27, 2017

Ithaca DWI Lawyer: DWI Probation: What Do You Have to Prove?

Probar or To Prove is Very
A propos for PROBATION 
People love to throw around the term probation with even knowing it's full meaning. The word "Probation" comes from the latin, Probar, to prove or to test. People are given a chance to prove themselves, to go through the tests that are probation to emerge a new person. Probation for DWI or DWAI drugs in New York State definitely have tests but there not ones you can study for. Sobriety must be absolute as to alcohol and drugs.

But what exactly does probation for DWI mean? What do you have to do to prove yourself, and how exactly do they test you?

Probation for DWI is Really a Diversion Program

When you receive a term of DWI Probation Supervision and Monitoring it is in lieu of incarceration. Now remember that you can receive "shock probation" for a New York DWI which is a short term of jail with then a term of probation. Probation is a conditional release back into the community with a set of conditions and obligations.

When you agree to enter a Diversion Program you have already plead guilty to a crime (DWI, DWAI drugs). In the eyes of the law you ARE now guilty of that crime. Remember that being found guilty and pleading guilty are the same thing legally. 

Why Probation is Truly Probar in It's Roots and Essence

Probation allows you to prove your worth, prove your rehabilitation, prove your value to the community and hence the word PROBAR. Until you can "prove" your value and your true innocence you are under their conditions. Until you can prove you can self monitor your life to be safe to your self and others you are under probation.

That proof must come through your sobriety for as long as the court deems fit. It is a sentence of proving sobriety. You just don't have to prove it in a jail cell. You do lose all your Constitutional rights on probation, just as a convicted criminal would. You can regain them after you PROVE yourself to the community through probation and it's programs, treatment, and testing. 

And that is how enforced sobriety is done legally.

Tools that New York DWI Probation Has to Enforce Your Sobriety

1. The IID (Ignition Interlock Device). 

Any car you operate (drive) must have an IID when you are on DWI probation. This monitors you (tests you) for driving with any alcohol in your body. Any alcohol would lock out the device and the car from operating. This would be a probation violation.

2. Your Driving Privileges.

The Probation Department decides when and if you can get a conditional driver's license and when and if you get your full driving privileges back as well.

3. Home Visits.

Checking you at home for alcohol or drugs can involve testing you and also looking for drug/alcohol use in your residence. You are not allowed to have any alcohol in your home when you are placed on probation for DWI.

4. Bar Visits.

Probation officers go out to local bars and check for any probationers. You are not allowed to frequent bars or restaurants that are really bars that serve some food.

5. The Sobrietor.

Is a home alcohol breath screening device that is attached to a landline phone. You must submit to regular and frequent tests of your breath when at home.

6. Electronic Home Monitoring.

You can be placed on a bracelet which records your whereabouts at all times and hours (GPS). It is also called a SCRAM bracelet for Secure Continuous Remote Alcohol Monitoring. It checks your perspiration for any traces of alcohol.

7. Drug Screening and Testing.

If the probation officer feels you are using drugs other than alcohol then they can use everything from urine to blood testing. I have also seen hair testing for use of substances.

The realities of probation are that they can come into your home or have you come into their office and test you anytime. The cornerstone of good probation is sobriety period.