When a driver is convicted of a drinking and driving offense, many Rochester area courts find it helpful to have background information regarding the defendant prior to determining an appropriate sentence.

Obtaining this information may include obtaining a Pre-Sentence Report for the judge to review prior to sentencing.

This report is usually prepared by a probation officer who has been assigned the responsibility of gathering background information on the defendant for the court’s use.

The preparation of a Pre-Sentence Report is mandatory in felony cases, which includes many DWI offenders with prior drinking and driving convictions.

For misdemeanor drinking and driving offenses, whether a Pre-Sentence Report is required is at the court’s discretion, but the court may not impose a sentence of probation (unless agreed upon as part of a plea agreement) or more than 180 days of incarceration without obtaining a report.

The investigation to prepare the Pre-Sentence Report consists of gathering information regarding the circumstances surrounding the offense, the defendant’s history of delinquency or criminality, and the defendant’s social history, employment history, family situation, economic status, education, and personal habits.

It may also include information regarding any other matter the court directs or which the agency conducting the investigation believes is relevant to determining an appropriate sentence.

As a result, in cases where a Pre-Sentence Report is ordered, the defendant will usually have to meet with the probation officer and provide information needed to prepare it.

Because the judge will be relying on this report at sentencing, it is important that the person preparing the report have a favorable impression of the defendant, and an experienced DWI lawyer will help a defendant prepare for this meeting.

Following a DWI arrest, it is important to have a lawyer who understands the laws regarding the offense and potential sentence. Call us at 585-484-7432.