How does probation work for a DWI conviction?

Dec 3, 2024

How does the probation process work for a DWI conviction? Christopher Combs and Steven Waterkotte of Combs Waterkotte discuss how probation works if you are convicted of a DWI or DUI case in Missouri.

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    Interview Transcript

    Scott Michael Dunn: How does probation work for a DUI conviction?

    Steve Waterkotte: A misdemeanor, generally two years. It’s capped at two years for misdemeanor probation.

    And that is done by usually what we call a private probation agency. Their main task is making sure you don’t get in trouble. Making sure you complete the conditions of your probation, such as SATOP, Victim Impact Panel, community service are the most common ones. Their basic responsibility is to ensure that you’ve completed those programs. They’ll report that back to the court. Also, they are keeping track and making sure that individual hasn’t been arrested.

    If a person on probation has been arrested, the agency, the probation agency will report that back to the court. At which point, they will file what’s called a probation revocation. That person will be summoned back in court. And it basically reopens sentencing.

    On felony probation, it’s typically a period of five years. It’s capped at five years. Anywhere from three to five years is the typical length of probation for felony. That is through the Board of Probation and Parole. It’s a little bit stricter in the sense that you’re going to have to probably report a little bit more than on the misdemeanor, obviously, as you get into the felony territory.

    Their function is largely the same as whether it’s a private probation agency. Making sure that person, they know where they live, they have a current address, that they are completing the programs or the conditions of their probation, and, again, making sure that, just like the misdemeanor that, that individual, the probationer, is not getting in trouble.

    [If] they’re arrested, same thing applies with respect to the felony as the misdemeanor. The court will be notified. They will be brought back into court. Again, it reopens that sentencing. So that’s how that works.

    If you need Missouri’s leading criminal defense team to defend your rights and freedom, speak to a criminal defense and DWI/DUI attorney today at (314) 900-HELP or contact us online for a free case review.

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