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View Full Version : Can I get off probation early in New York State for a felony DWI?


trayz
Feb 16, 2011, 06:00 PM
Hello, I currently have a felony DWI in New York. I have 5 years probation and was wondering if it is possible to do less time than that? What is the earliest I may be able to get off? I had 120 hours of community service, but the judge said if I did one weekend in jail he'd wipe the community service out. So that is what I did. All my fines etc are paid. DMV offers me my license next month which puts me at my year since I started probation. On the other hand I am told I can't get my license without the probation officer approving it. She will not allow me a licensce early she stated in the beginning because if something were to happen, she doesn't want that on her shoulders. (understandable) So I just wondered with following all I'm suppose to and being on good behavior etc. what could I look at as far as earliest to getting off probation?
Thank you.

Fr_Chuck
Feb 16, 2011, 08:15 PM
Because of DUI most likely not, there is a real issue with possibility of more drinking and driving.

But of course you can try, but will have to have at least 2/3 of the time done

jrobert
Feb 26, 2011, 10:44 PM
From my experience on NY felony DWI probation, (it's called DWI in NY, not DUI, but it's the same thing), it is technically possible after 1 year on probation, but usually at least 2.5 years, to get off probation early. Certain counties may vary and it might also depend on how expensive and experienced and respected a lawyer you may have to make the request for early termination. However, in reality, the probation departments in NY state as a rule DO NOT allow for early termination in DWI cases. Some other offenses allow for it, but not DWI. Once you successfully complete alcohol treatment and are current with your DWI probation fees for supervision, the probation department may consider letting you apply for a restricted driver's license with the restriction being that any motor vehicle you drive be equipped with an ignition interlock device. But that is at the probation officer's discretion. They can refuse permission for you to apply for a license for the whole 5 years if they so choose. Once you are off probation, you can do as you choose, but only when you are off probation (which almost always now is the whole 5 years). You're best bet is to expect to do the whole 5 years on probation and be very careful not to get caught drinking alcohol, driving while revoked, or missing appointments, because you risk going to state prison for 1 and 1/3 to 4 years, and that risk applies all the way up until the very last day of probation. You get no "good" time for being on probation in NY state. Good luck and hang in there. It's a very rough road, I know. I did the whole 5 years probation myself with no driving license. It's been 6 months since I got off probation roughly, and I still don't have a driver's license yet. It takes time. Figure once you are off probation it may take a year to get your license back and straightened out. But if you hang in there and stop driving while intoxicated it won't be an issue from now on. I hope this helps you out. :-)