Probation following a NC DWI Conviction

Following a Raleigh DWI conviction, a Defendant may be placed on supervised on unsupervised probation. If the defendant has gotten an assessment, and can pay all of his court costs and fines on the day of conviction, then the defendant will in most cases be placed on unsupervised probation for Level 3, 4, or 5 convictions.

But a judge may always impose supervised probation if the judge believes supervision is required to enable the defendant to comply with the terms of probation, or supervision is warranted by the facts of the DWI or other related crimes.

If unsupervised probation is imposed, the Court will order the Defendant to:

  1. Commit no criminal offense in any jurisdiction.
  2. Possess no firearm, explosive device or other deadly weapon listed in N.C.G.S. 14-269.
  3. Remain gainfully and suitably employed or faithfully pursue a course of study or vocational training, that will equip the defendant for suitable employment, and abide by all rules of the institution.
  4. Satisfy child support and family obligations, as required by the Court.
  5. Not abscond, by willfully avoiding supervision or by willfully making the defendant’s whereabouts unknown to the supervising probation officer.

If the defendant is on supervised probation, the defendant shall also:

  1. Remain within the jurisdiction of the Court unless granted written permission to leave by the Court or the probation officer.
  2. Report as directed by the Court or the probation officer to the officer at reasonable times and places and in a reasonable manner, permit the officer to visit at reasonable times, answer all reasonable inquiries by the officer and obtain prior approval from the officer for, and notify the officer of, any change in address or employment.
  3. Notify the probation officer if the defendant fails to obtain or retain satisfactory employment.
  4. Submit at reasonable times to warrantless searches by a probation officer of the defendant’s person and of the defendant’s vehicle and premises while the defendant is present, for purposes directly related to the probation supervision, but the defendant may not be required to submit to any other search that would otherwise be unlawful.
  5. Submit to warrantless searches by a law enforcement officer of the defendant’s person and of the defendant’s vehicle, upon a reasonable suspicion that the defendant is engaged in criminal activity or is in possession of a firearm, explosive device, or other deadly weapon listed in N.C.G.S. 14-269 without written permission of the court.
  6. Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for the defendant by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
  7. Supply a breath, urine, or blood specimen for analysis of the possible presence of prohibited drugs or alcohol when instructed by the defendant’s probation officer for purposes directly related to the probation supervision. If the results of the analysis are positive, the probationer may be required to reimburse the Division of Adult Correction for the actual costs of drug or alcohol screening and testing.

In addition, a defendant would need to pay $45 each month in supervised probation fees. If a defendant can avoid supervised probation (by paying all court costs and fines at the time of a DWI judgment) then the person may potentially avoid supervised probation, which is much more onerous and more expensive.

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Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.