The Minnesota State Patrol pulled over a man in Roseville for his third alleged DWI offense. The charge later turned into a conviction. He was able to avoid jail time by submitting to long-term DWI monitoring in place of a suspended jail sentence.
A person agrees to serve probation in place of a jail sentence, but they must adhere to the terms of their probation or a violation will cause them to have to go to jail to serve the suspended sentence.
It is fair to say that almost every DWI in Minnesota has at least some of the jail time suspended in exchange for probation that lasts as long as the jail or prison sentence would have. If the agreed upon exchange is for alcohol monitoring to be conducted, then the monitoring period may last up to five years.
The monitoring period may not be constant, as it can be 30 days for every year of probation. For example, probation that lasts for five years will require a person to have an electronic alcohol monitor for each of those years. Although the monitoring period is usually 30 days, the court may find it necessary to extend that monitoring period.
Even if time has already been spent in jail, long-term monitoring is required as the court deems it necessary. The type also depends on what the court feels is appropriate. Here are the methods of DWI monitoring:
- The DWI offender may have to blow into a machine at different points during the day. The test is conducted at predetermined times
- The SCRAM bracelet is an electronic monitoring bracelet that measures a person’s blood alcohol content. The bracelet must be taken to the probation department weekly so the probation officer can download the results.
- Urine tests and probation officer meetings is the more traditional method of alcohol testing. It is important to show up at every meeting so there is no probation violation.
In the case of the Roseville DWI offender, he was ordered to wear the SCRAM bracelet. It was with the help of his Minneapolis DWI attorney that he was able to avoid as much jail time as possible and move on with his life under the DWI monitoring that he was undergoing. He was still able to go to work, spend time with his family, and do everything that he did before he was on long-term monitoring.
Nonetheless, an individual with long-term monitoring may find that they have to try and conceal the monitoring from their friends, family, and employer. Many times the monitoring is hard to conceal and the individual has to let everyone around them know about it. There is a stigma attached to DWI and the consequences surrounding it, which is another type of punishment that a DWI offender receives. However, many have successfully won against the charges when they have had a powerful attorney working for them who can make light of certain details and factors in the case.
