Houghton, MI asked in DUI / DWI for Michigan

Q: I recently pled guilty to impaired driving (in MI).

I've already been sentenced, and part of my probation is one AA or equivalent meeting a month, but I also have to get an alcohol assessment done at a local rehab center. Since I've already been sentenced, can the judge impose additional conditions of my probation? Say, if I "fail" the assessment, can he decide to make me go to treatment, or anything else regarding the results of the assessment?

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2 Lawyer Answers
William C. Head
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  • DUI & DWI Lawyer
  • Sandy Springs, GA

A: Such a sentencing provision usually adds that you must follow any recommended treatment plan.

Randy R Babi
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  • DUI & DWI Lawyer
  • Warren, MI
  • Licensed in Michigan

A: If you're on probation and are required to go to AA meetings and get an alcohol assessment, I would be willing to bet that part of your probation is to not consume alcohol. Assuming that is true, if you fail the assessment, that would mean that you are using alcohol and your probation officer could demand you take an immediate ETG to detect for alcohol. If it determines that you have had alcohol in the last 3 days or so, your officer will violate you. This will create the opportunity for the judge to impose more conditions on your probation, extend it or even revoke it. Hope this helps!

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