Plattsburgh, NY asked in DUI / DWI for New York

Q: If a person has ben charged and sentenced for felony dwi and put on probation the violates probation can they be charge

again for the same dwi

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1 Lawyer Answer
Michael D. Litman
Michael D. Litman
  • DUI & DWI Lawyer
  • White Plains, NY
  • Licensed in New York

A: A person on probation cannot be charged again for the same DWI, because they already plead guilty. However, someone on probation can be charged with a violation of probation. A violation of probation, if proven, would subject the person to a sentence up to the maximum for the charge that they are on probation for. On an E felony, the max would be 1 1/3 to 4 years in prison. Speak to an attorney in your county about this. Good luck.

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