Can You Get Probation for a DWI?

In New York, it is possible to receive probation as a sentence for a DWI (Driving While Intoxicated) conviction. However, the availability of probation and the terms of the probationary period depend on the specifics of the case, the offender’s criminal history, and the judge’s discretion.

Probation is a type of supervision that allows an offender to serve their sentence outside of jail or prison. Instead of being incarcerated, the offender is released under certain conditions and must comply with specific rules and requirements. These conditions may include regular check-ins with a probation officer, random drug and alcohol testing, completion of a substance abuse treatment program, and other restrictions.

An attorney can help negotiate with the prosecutor and judge to obtain a probationary sentence in lieu of incarceration or reduce the severity of the charges. However, please note that there is no guarantee that probation will be available in every case, and the decision to grant probation is ultimately up to the judge’s discretion.

The abbreviation DUI and DWI are often used interchangeably. These stand for Driving Under the Influence and Driving While Intoxicated. New York Vehicle and Traffic Law does not have an offense called DUI, only DWI. Other states have only DUI and not DWI. If you have been charged with either of these consult an attorney in the state you were charged in.